HomeMy WebLinkAboutReso 1997-0019
RESOLUTION NO. 97-19
AN RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, ADOPTING AN INTERLOCAL
AGREEMENT WITH METROPOLITAN DADE COUNTY AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON
BEHALF OF THE VILLAGE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, prior to June 16, 1997, municipal services were provided to the residents of
the City of Sunny Isles Beach by Metropolitan Dade County (the "County")~ and
WHEREAS, on June 16, 1997, the citizens of the City of Sunny Isles Beach adopted a City
Charter and incorporated the City of Sunny Isles Beach (the "City")~ and
WHEREAS, the City and the County want to enter into an Interlocal Agreement (the
"Agreement") whereby the City and the County will outline a procedure for the transitional
provision of municipal services for the citizens of Sunny Isles Beach~
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1.
That the Agreement, attached as Exhibit "A", is hereby adopted.
Section 2.
That the Mayor and the City Attorney are hereby authorized to negotiate any
technical and legal matters relating to the Agreement.
Section 3.
That the Mayor is hereby authorized to execute the Agreement, on behalf of
the City, with the County.
Section 4.
This resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED this 20th day of November, 1997..
ATTEST:
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
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I.; M. Dannhelsser
City Attorney
RES97.19
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Approved
Veto
Override
Mayor
Agenda Item No.
RESOLUTION NO.
RESOLUTION APPROVING INTERLOCAL AGREEMENT
WITH THE CITY OF SUNNY ISLES BEACH;
AUTHORIZING THE COUNTY TO PROVIDE MUNICIPAL
SERVICES FOR AN INTERIM AND TRANSITION PERIOD;
APPROVING PAYMENT OF $500,000 TO THE CITY OF
SUNNY ISLES BEACH FROM UTILITY TAXES, SETIING
FORTH THE COSTS OF MUNICIPAL SERVICES TO BE
PROVIDED BY THE COUNTY TO THE CITY OF SUNNY
ISLES BEACH; PROVIDING FOR ASSUMPTION OF
SERVICES BY THE CITY
WHEREAS, the City of Sunny Isles Beach and the County have reached an
agreement on the provision of municipal services by the County to the City of Sunny
ISles Beach; and
WHEREAS, the City is requesting an advance of $500,000 of utility tax
collections.
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 Sumy Isles Beach and the County in
substantially the form attached hereto.
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Agenda Item No,
Page 2
The foregoing resolution was offered by Commissioner
, who moved Its adoption. The motion was seconded by
Commissioner
and the vote was as follows:
Dr. Miriam Alonso James Burke
Dr. Barbara M. Carey Miguel Diaz de la Portilla
Betty T. Ferguson Bruce C. Kaplan
Gwen Margolis Natacha Seijas Millan
Jimmy L. Morales Dennis C. Moss
Pedro Reboredo Katy Sorenson
Javier D. Souto
The Chairperson thereupon declared the resolution duly passed and adopted
this
. This resolution shall become effective ten (10) days
after the date of its adoption unless vetoed by the Mayor, and if vetoed, shall become
effective only upon an override by this Board.
DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
HARVEY RUVIN, CLERK
Approved by County Attorney as
to form and legal sufficiency.
By:
Deputy Clerk
RES0JClO598
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INTERLOCAL AGREEMENT
This is an Interlocal Agreement between Metropolitan Dade County, a politi~1
subdivision of the State of Florida (the "County"), and the City of Sunny Isles Beach, a
municipal corporation of the State of Florida (the "City"), entered thiS.!/- day of tlol,
1997 (the or this "Agreement").
WHEREAS, on June 16, 1997, a charter for the City was approved by the
citizens of the City and on July 29,1997, the City Commission was sworn into office,
and
WHEREAS, prior to June 16, 1997, police, planning, parks and recreation,
public works, solid waste collection and building and zoning services (collectively,
"Municipal Services"; individually, each a "Municipal Service") were provided to the
residents and businesses of the City by the County, as the municipal government for
the Unincorporated Municipal Service Area ("UMSA"), and
WHEREAS, the City and the County want to enter into this Agreement in order
to: 1) agree on whether the City or the County will provide Municipal Services and
levels and cost of services to be provided to the City by the County fr~m June 16, 1997,
through September 30, 1997 (the "Interim Period") and from October 1, 1 ~97 through
March 31, 1998 (the "Transition Period") or as may be extended through other
provisions of this Agreement; 2) outline a procedure 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 for extending this Agreement for up to two consecutive
periods following the Transition Period; 4) require a time-table for the orderly transition
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from the County's provision of Municipal Services to the City providing its own
Municipal Services; and 5) agree upon and clarify certain other issues.
I. MUNICIPAL SERVICES FOR INTERIM PERIOD
For the Interim Period, the County agrees to continue to provide Municipal
Services (police, planning, building, zoning, code enforcement, public works, park and
recreation, and stormwater management) directly or through its contractors at the same
levels as have been provided to residents and others in the City since the date of
incorporation through September 30, 1997,
II. MUNICIPAL SERVICES FOR THE TRANSITION PERIOD
A. County Responsibilities. For the Transition Period, the County agrees to
continue to provide Municipal Services directly or through its contractors to residents
and others in the City as provided in this Agreement. These services are described
below:
1. A. 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 prior fiscal year. MDPD will
answer all calls for police service within the City and uniformed patrol officers as well
as other field staff will be supported by all MDPD specialty units as needed and by the
complete administrative and other support services of the department; however, MDPD
officers will enforce only existing state laws and County ordinances as may be enacted
or amended during the Transition Period.
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B. Off Dutv Police. The County agrees to provide off duty
police services to the City during the term of the Agreement, if requested by the City,
on the terms and conditions established by the Metro-Dade Police Department at the
rate of $26.70 per hour per officer, $30.10 for a sergeant and $35.10 for a lieutenant.
The charge for the use of County vehicles in connection with off-duty assignments shall
be four (4) dollars per hour or $0.53 per mile, whichever is greater. If special
equipment such as boats or aircraft is involved, the department shall set charges based
on known operating costs or upon prevailing private sector rates for such equipment.
Such off duty service shall not be an expense credited against the ad valorem tax credit
provided in the Agreement, and shall cease at such time as the City provides police
patrols in the City.
2. Plannino. Buildino and Zonino Services. Through the Metropolitan
Dade County Department of Planning, Development and Regulation, the County will
perform analyses on applications for zoning hearings and on applications for
amendments to the County's Comprehensive Development Master Plan ("CDMP"),
should the need arise, as outlined below:
A. Processino. The County will receive and pro~ss permit
applications for any new construction, alterations or improvements on real property
("Development Activity") within the City, all in accordance with current practice
(including forms and inspection procedures) for the unincorporated area of the County.
This will include the issuance of all required subsidiary permits, such as electrical,
plumbing, mechanical, windows, shutters, roofing, and gas. It will also include the
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performance of all required inspections and the issuance of applicable Certificates of
Completion and/or Certificates of Use and Occupancy,
B. Applications. All applications for permits to do work in the
City shall be made at the offices of the Department of Planning, Development and
Regulation.
C. Review by the City. Prior to the County'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 part 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 criteria 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 affixed to the site plans. If the City finds that the use is permitted and the
County Zoning Compliance Statement has been duly affixed to the site plans, the City
shall indicate its approval by the use of a stamp or mark on the site plans signed or
initialed by the individual making such review on behalf of the City. This approval
stamp or mark on the site plans shall authorize the County to issue the permit applied
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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 the
County as "job" and "office" sets.
D. Walk-throuohs. In order to expedite 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
representative) during regular business hours at a location designated by the City
Manager. Once the City has completed its review and issued an approval for an initial
permit for the particular Development Activity, the City's approval of subsidiary permits
is not required.
E. Modifications. Any modifications to the physical elements of
the site plan (i.e. building footprint, parking lot, or landscaping) shall be reviewed and
approved by the City Manager or his designee.
F. Certificate of Use & Occupancy. 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 existing development .where a change
in use is requested unless and until the requested certificate is approved~y the City in
accordance with the same review procedures described above for other Development
Activity.
G. Records. The County will maintain records in accordance
with current practice for the unincorporated area and will provide the City, within
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10 days after the end of each month a monthly activity report of all permitting services
provided during the preceding 3D-day period, in a format approved by the City.
H. Public Hearino Applications.
(1) Pendino Applications. Written notice will be given within
5 days by County to the City of all pending and new applications for Zoning Public
Hearings ("Zoning Applications").
(2) New Zonino Applications. 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 three days of County
determination that such application is bona fide and complete.
a) Processino of Pendino and New Applications. All
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 the 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 staff. All such analyses shall be furnished to the City
five days in advance of the City's conducting its public hearing on the respective
Zoning Applications. County staff, together with court reporter provided by the County,
shall be available at the public hearings by the City on each application.
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b) Substantial Compliance Determinations and
Administrative Site Plan Aoorovals. 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 Manager
or his designee requests for administrative site plan reviews, The County shall transmit
its recommendations with the transmission of these items.
c) Administrative Variances. During the term of this
Agreement, the County shall receive and process all applications for administrative
variances. Upon the completion of the processing (including the preparation of a staff
recommendation) of such requests, the County shall transmit the full applications to the
City for final action by the City Commission.
(3) Plattino. During the term of this Agreement or until otherwise
notified by the City, the County shall receive, review and process all requests for
platting approval (including waivers of plat) in accordance with Section 28-1 (L) of the
County code. Upon completion of the review and processing, the County shall submit
all final plats and waivers of plat to the City for City Commission appr~val.
(4) Comprehensive Development Master Plan (CDMP)_
A. Prior to the City's adoption of a final City Comprehensive
Development Master Plan in accordance with section 163.3167(4), Florida Statutes,
any application to amend a comprehensive development plan that is filed with the City
or requests consideration for adoption by the City Commission, shall not be submitted
to the County's review process for plan amendment applications nor to the Board of
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County Commissioners for consideration. In the event such an application is filed with
the City, and should the City choose to transmit to the County a sum equal to the fee
for filing a similar application with the County, County staff shall review the application
and shall develop and convey to the City a staff recommendation on the merits of the
application.
3. Code Enforcement. Through the County Departments of Planning,
Development and Regulation and Team Metro, the County will provide the following
code enforcement services performed in accordance with current practice in UMSA and
at the service levels provided in the adopted FY 1997-98 County budget:
A. Plannino. Development and Reoulation. Code enforcement
through this department covers commercial zoning enforcement, residential minimum
housing, unsafe structures, working without permits and contractor fraud.
B. Team Metro. Team Metro provides code enforcement
activities for residential zoning violations, environmental nuisance control and solid
waste violations.
4. Public Works Services. 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 FY 1997-98 County budget:
A. Municipal-type local road and right-of-way maintenance
services, including shoulder repair, pothole patching and patching of sidewalks and
bike paths to the City.
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B. The County will continue to provide stormwater utility
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 Stormwater Utility Ordinance pursuant to Metropolitan Dade County Code Section
24-61.2, as may be amended. The County will proceed to complete the project known
as the Golden Shores Drainage Improvement Project and such other drainage projects
utilizing stormwater utility revenue according to the schedule established for this work
and as negotiated between the City and the County pursuant to a separate agreement.
C. Lot clearing, graffiti removal and removal of abandoned
property remediation will be performed through the normal enforcement process by the
appropriate County departments, upon approval by the City. Actual costs will be
charged to the City per the unit cost schedule shown below:
mowing $0.014 per square foot
bulldozing $0.0375 per square foot
abandoned vehicle removal $45.00 per ton
load/haul debris $44.00 per ton
disposal of debris $45.00 per ton
D. Landscape maintenance and mowing of right of ways and
medians on local streets in the City by' the County will continue at the same level of
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service as was provided in the Interim Period. The County's permits from the Florida
Department of Transportation (FDOT) for tree planting and associated maintenance on
state roads within the City are transferred to the City. Any documentation required to
evidence such transfer shall be provided upon execution of this Agreement.
E. The City assumes responsibility for local roadway and other
related capital improvements and the County agrees to include the City in the
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distribution formula for Capital Improvements Local Option Gas Tax and the Local
Option Gas Tax which is sent to the Department of Revenue of the State of Florida, as
allowed by law.
F. The County has determined that no roads within the City will
remain County roads. All roads not within the State Road System will be maintained by
the City. This Agreement 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)
F.S., and shall be deemed to include the transfer of the County's regulatory and
proprietary jurisdiction, and the conveyance of all right, title and interest of the County,
subject to any easements reserved for public utilities owned and operated by the
County.
G. Countywide funds will continue to be used for street signs,
traffic signals, and other countywide responsibilities.
5. Parks and Recreation Services.
Not Applicable
III. FINANCIAL ISSUES
A. Revenues Durino the Interim Period. The parties acknowledge that
residents, property owners and businesses of the City were responsible for paying the
County 1997 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 attributable to the
periods after the date of incorporation, the County agrees to continue to provide
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Municipal Services at the same levels of service as have been provided since the date
of incorporation to the residents and others in the City through September 30, 1997:
The parties agree that the City is entitled to receive utility tax revenues
commencing June 16, 1997, pursuant to Florida Statute 166.231 and City Ordinance
97 -3. Due to the time required to adjust the accounting systems of utility tax collectors,
some utility tax revenue may have be~n 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 Interim Period are approximately $215,000 per month. The County
advanced the City on September 19, 1997, the sum of $300,000 on account of utility
tax due to the City. The County agrees to advance an additional $500,000 within 10
days of execution of this Agreement, which sums shall be credited to the County as a
portion of the payment due for the utility taxes as set forth below.
The City shall submit to the County (1) a statement from the utility companies of
their actual utility tax collections or best estimates of such collections from accounts
within the City forthe period June 16,1997, through September 30, 1997, (2) an
accounting of the sums actually received by the City, and (3) a statem7nt of the
advances paid by the County to the City. Upon receipt of these statemen!s and
accounting from the City, the County will pay the City utility tax revenues received by
the County between June 16, 1997, arid September 30, 1997, which are due to the City
minus any advances made to the City as required by this Agreement. This payment
shall be made within thirty (30) days of the receipt by the County of the statements and
accounting described herein, subject to the County's audit. If the County deems it
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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.
The County also agrees to remit cable 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 total $8,750. For FY 1997-98, any
cable franchise fees collected by the County which are attributable to the City will be
remitted to the City. All payments shall be subject to audit and verification.
B. Revenues Durino the Transition Period. The parties acknowledge that,
commencing in November 1997, the County will receive ad valorem taxes paid by
property owners in Sunny Isles Beach in the approximate amount of $3.2 million. Such
ad valorem taxes, will be credited to City as revenue available to defray the costs of
providing certain Municipal Services described herein. At such time as the total costs
of police, public works, and park and recreation monthly service exceed the estimated
amount of the 1997-98 ad valorem tax credit, the City shall pay to the County the
monthly cost of those services as set forth in Section III. C of this Agreement no later
than five business days after the end of each month.
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C. Fee Schedule for Services for the Transition Period. The City shall pay
the County fees for Municipal Services during the Transition Period as provided be tow:
Service Monthly Cost Monthly Credit* Monthly Bill
POlice $290,000 $290,000 0
Planning, Building, Zoning County keeps fees imposed pursuant to AO 4-63A, as
may be amended, except for COMP applications as set
forth above.
Code EnforcementlPDR County keeps fees and fines, plus $425 per case
Code EnforcementlTeam Metro County keeps fees and fines, plus $425 per case
Public Works $3,750 $3,750 0
Park and Recreation 0 0 0
Stormwater Management County keeps fees until transition takes place
* Credits not to exceed value of ad valorem taxes for fiscal year 1997-98.
D. Payment for Elections. The City will reimburse the County the estimated
sum of $8,000, for the cost of the City of Sunny Isles Beach election held on July 29,
1997. The County will provide an invoice for this election to the City. The City agrees
to reimburse the County within thirty (30) days after receipt of this invoice.
E. City Actions Related to Revenue. Prior to the end of the transition period,
the City will make every effort to adopt its own ordinances related to occupational
license fees, cable franchise fees, stormwater management (if applicable) and impact
fees.
IV. ASSUMPTION OF SERVICES BY THE CITY/REQUIREMENTS FOR
RENEWAL OF AGREEMENT
A. Transfer Notice. In the event that the City wishes to commence providing
any of the Municipal Services being provided by the County pursuant to this
Agreement, the City shall provide written notice to the County of its intent to begin
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providing such Municipal Service or Municipal Services (the "Transfer Notice"). The
Transfer Notice shall specify the Municipal Service or Municipal Services the City
wants the County to discontinue providing and the date upon which the City wants to
begin providing those Municipal Services (the "Transfer Date").
The Transfer Notice shall be given not less than the time periods specified
below prior to the Transfer Date.
Pol ice 90 days
Planning 30 days
Public Works 30 days
Stormwater Management* 30 days
Parks and Recreation Services 30 days
Code Enforcement 30 days
Building and Zoning 30 days
*Stormwater Management is subject to County Code Section 24-61.2.
B. Transition Aoreements. Upon receipt of a Transfer Notice, the County
shall, on the Transfer Date, cease providing the Municipal Service specified in the
Transfer Notice. In the case of police services, the County shall make available for
review and copying information concerning criminal activity in the City to the City Police
Department upon reasonable notice. In the case of building and zoning, planning,
public works and parks and recreation services, the County shall make available to the
City upon request of the City at any time during this Agreement all pending files
concerning matters reasonably relevant to the City and shall provide any information
reasonably requested by the City to better perform the service.
C. Payment and Revenue Issues Associated with Transfer of Services. In
the event the City through a Transition Notice begins providing its own Municipal
Service prior to the end of the Transition Period, no further payment will be required
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from the City to the County after the Transfer Date other than the payment of any
outstanding balances due on the Transfer Date, nor will the County be obligated to '
provide to the City any of the revenue referenced in III. A. and B. of this Agreement.
D. Timetable for Transition from County to City Services. By February 28,
1998, the City will provide to the County a timetable for the orderly transition from
County provision of Municipal Services in the City to those services being provided by
the City.
E. Renewal Procedures. The Board of County Commissioners must
approve all written requests by the City to review this Agreement. Any written request
must include an update of the timetable required in Section IV. D. 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 III. C. of this
Agreement prior to the end of the First Renewal Period.
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 "Second Renewal Period"). The written request must include
an update of the timetable required in Section IV. D. of this Agreement and must be
provided to the County 45 days prior to the end of the First Renewal Period. The
County may revise its fee schedule as shown in Section III. C. of this Agreement; any
changes in this schedule shall be provided to the City 60 days prior to the end of the
First Renewal Period. The County Manager will prepare a resolution regarding this
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Agreement to be placed before the Board of County Commissioners for consideration
at a public hearing prior to the end of the First Renewal Period.
V. CAPITAL ASSETS
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 the County
and located in the City, except as provided below.
(1) The jurisdiction ownership and control of all public roads within the
corporate limits of the City (the "Public Roads") designated as part of the County Road
System prior to the effective date of this Agreement are hereby transferred to the City
Road System, except as shown in Section II. 4. F. 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), Florida Statutes, if any, and the County shall
execute a deed of the Public Roads to the City, if necessary. The transfer of Public
Roads hereunder shall be deemed to include the transfer of the County's regulatory
and proprietary jurisdiction and the conveyance of all right, title and interest of County,
subject to any easements reserved for public utilities owned and operated by County.
VI. SERVICES EXCLUDED FROM THIS AGREEMENT
This agreement does not apply to the following municipal services:
*Library - Special Taxing District
*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.
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* Solid Waste Collection
- City residents are part of the Solid
Waste Collection Services District and
pay a special assessment for these
services, which will be provided as
planned in the adopted FY 1997-98
budget.
VII. NOTICES
All notices hereunder must be in writing and shall be deemed validly given if
sent by certified mail, return receipt requested, hand delivered or overnight delivery
addressed as follows (or any other address that the party to be notified may have
designated to the sender by like notice):
The County:
Armando Vidal, P.E.
County Manager
Metro-Dade County
111 N.W. First Street, Suite 2910
Miami, Florida 33128
A copy to:
Robert A. Ginsburg
County Attorney
Metro-Dade County
111 N.W. First Street, Suite 2810
Miami, Florida 33128
City:
James Di Pietro
City Manager
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250-
Sunny Isles Beach, FL 33160
'A copy to:
Lynn Dannheisser
City Attorney
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, FL 33160
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Unless otherwise required by law, any notice sent hereunder shall (subject to
proof of receipt or refusal of same) be deemed to have been delivered on the same day
if hand-delivered, on the next business day if sent by overnight courier or on the day of
receipt of refusal, if sent by the certified or registered mail.
VIII. AMENDMENTS
This Agreement may be modified only by an agreement in writing signed and
sealed by the Mayor of the City and the Board of County Commissioners, Dade County,
Florida.
IX. INDEMNIFICATION
The City shall indemnify 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 all claims and losses of any nature whatsoever in
connection therewith and shall defend all suits, in the name of the County when
applicable, and shall pay all 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 fulfillment of this Agreement to the extent allowable by law. The County shall
pay all claims and losses of any nature whatsoever in connection therewith and shall
defend all suits, in the name of the City when applicable, and shall pay all costs and
judgments which may issue thereon.
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X. FRANCHISE FEE
The parties acknowledge that there is a pending issue relating to which party is
entitled to franchise fees from Florida Power and Light (FPL) which were generated
within the City after June 16, 1997. The County acknowledges that by executing this
Agreement, the City is not waiving any rights it may have to the franchise fees from FPL
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 FPL
franchise fees.
XI. EFFECTIVE DATE
The effective date of this Agreement shall be the later of the date on which this
Agreement is approved by the Board of County Commissioners, Dade County, Florida.
This Agreement shall expire on March 31, 1998 unless renewed as provided herein.
Upon termination of this Agreement, 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.
XII. LAW
This Agreement shall be construed in accordance with the laws oUhe State of
Florida. The venue for any lawsuit arising out of this Agreement shall be Dade County,
Florida.
XIII. SEVERABILITY
Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or
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otherwise unenforceable 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, shall 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
SUFFICIENCY:
Assistant County Attorney
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
~ I
//" )"J, i ~ /' ,," "
_Ay-M ~ ~~...../
. iUynn M. Dannheisser, C~y Att hey (j
AGREElOO298
METROPOLITAN DADE COUNTY,
a political subdivision of the State of
Florida
, ou~ty'~~na,9~r.
ATTEST:
"'.'-
Harvey Ruvin, Clerk\. I~Gti"i' /!
By:~~i
As Deputy Clerk
CITY OF SUNNY ISLES BEACH
a political subdivision of the State of
FI~ ~
David s~Yor
ATTEST:
rtI~~[.~
Richard E. Brown, city Clerk
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