HomeMy WebLinkAboutReso 99-144RESOLUTION NO. 99-144
A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, REPEALING RESOLUTION NO. 98-49 AND
NOTIFYING THE BOARD OF COUNTY COMMISSIONERS
OF MIAMI-DADE COUNTY AND THE DIRECTOR OF THE
MIAMI-DADE COUNTY DEPARTMENT OF
ENVIRONMENTAL RESOURCES MANAGEMENT THAT
THE CITY WISHES TO EXERCISE ITS OPTION TO
EXEMPT THE CITY OF SUNNY ISLES BEACH FROM THE
PROVISIONS OF 91-66 (CHAPTER 24 OF THE CODE OF
MIAMI DADE COUNTY); PROVIDING FOR
TRANSMISSION AND AN EFFECTIVE DATE.
WHEREAS, on June 18, 1991, the Board of County Commissioners of Miami Dade County
adopted Ordinance No. 91-66 establishing a county -wide storm water utility; and
WHEREAS, on October 17, 1995, the Board of County Commissioners of Metropolitan
Dade County adopted 91-195 amending Section 24-61.2 of the Code of Miami Dade County relating
to the applicability of the county's storm water utility and providing for exemption from applicability
for certain municipalities; and
WHEREAS, by Resolution No. 98-49, the City of Sunny Isles Beach indicated its intent to
opt out from the Miami -Dade County Stormwater Utility in accordance with Section II4B of the
Interlocal Agreement by and between Dade County and the City of Sunny Isles Beach dated
November 4, 1997; and
WHEREAS, the City of Sunny Isles Beach did not so opt out but instead entered into an
Interlocal Agreement adopted by Resolution No. 98-58 by and between the City and Miami -Dade
County for the design of certain drainage improvement projects and Resolution No. 98-54 for the
completion of a drainage project in Golden Shores; and
WHEREAS, the City of Sunny Isles Beach now wishes to exercise its option to be
exempted from the provisions of Ordinance 91-66;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City of Sunny Isles Beach hereby notifies the Board of County Commissioners
of Miami 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
Repeal of Chapter 24 Exemption Res. No. 98-49
Sunny Isles Beach from the provisions of Ordinance 91-66 as of September 30, 1999.
Section 2. The City of Sunny Isles Beach hereby commits to implement applicable provisions
of Section 403.0893, (1) (2) or (3), as amended from time to time. The City of Sunny Isles Beach
reserves the right pursuant to Section 24-61.2 of Ordinance 91.66 to void this exemption by request
to the Board of County Commissioners of Miami Dade County.
Section 3. The Clerk of the City of Sunny Isles Beach is hereby directed to file a certified copy
of this Resolution with the Clerk of the Board of County Commissioners and with the Director of
DERM and requests a resolution from the Board of County Commissioners approving the exemption
of the City of Sunny Isles Beach from provisions of the Miami Dade County Storm Water Utility
Ordinance No. 91.66, and requests a certified copy of that resolution be forwarded to the City Clerk
of the City of Sunny Isles Beach.
Section 4. The City Manager and City Attorney are authorized to do all things necessary to carry
out the purpose of this Resolution.
Section 5. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 17" day of June, 1999.
David Samson,
ATTEST:
Richard Brown-Morilla, City Clerk
Repeal of Chapter 24 Exemption Res. No. 9849 -2-
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
4L M. Dannheisser, City Attorney
VOTE: 5-0
Moved by: Commissioner Kauffinan
Second by: Commissioner Iglesias
Mayor Samson yes no
Vice Mayor Turetsky yes no
Commissioner Iglesias yes no
Commissioner Kauffinan yes ✓ no
Commissioner Morrow yes (no_
Repeal of Chapter 24 Exemption Res. No. 98-49 -3-
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250 1y
Sunny Isles Beach. Florida 33160
(305) 947-0606 phone (305) 949-3113 fax
David Samson
MEMORANDUM
Mayor
Irving Turetsky
Vice Mayor
TO:
City Commission
Commissioners
Danny Iglesias
FROM:
Lynn M. Dannheisser, City Attorney
Lila Kauffman
AP
Connie Ttmrw
DATE:
June 17, 1999
James Dil'ietro
City Manager
RE:
RESOLUTION EXERCISING THE OPTION TO EXEMPT
Lynn M. Dannheisser
THE CITY OF SUNNY ISLES BEACH FROM MIAINII-DARE
City Attorney
COUNTY STORNINVATER UTILITY ORDINANCE.
RECOMMENDATION
It is recommended that the City Commission adopt this Resolution.
179=16MR
Miami -Dade County Stormwater Utility was established as a county -wide utility
by the Commission's adoption of 91-66 on June 18, 1991. Through this ordinance
the Utility was authorized to adopt and collect stormwater utility fees sufficient to
plan, construct, operate and maintain stormwater management system on a county-
wide basis. On October 17, 1995, the Board of County Commissioners adopted
Ordinance 95-195 which allowed for an exemption from the provisions of the
stormwater utility for municipalities who wish to opt out.
As the City wishes to form its own stormwater utility independent from the County,
it must exercise this option pursuant to Ordinance 91-195, exempt itself from the
Miami -Dade County Stormwater Utility in order to form its own utility. If this
Commission so adopts this Resolution, it will then be forwarded by the Clerk to
Miami -Dade County, at which time it will be scheduled for acceptance of the
exemption by the Miami -Dade County Commission.
Respectfully submitted,
:ch
Attachment(s)
City of Sunny Isles Beach
17070 Collins Avenue. Suite 250
Sunnv Isle., Beach. Florida 33160
1305 1 947-0606 phone (305) 949-11 13 tax
David Samson
Mayor
IrvingTuretsky
June 24, 1999
\'ice Nlavor
Commissioners
Mr. John W. Renfrow, Director
Danny Iglesias
NIiami-Dade County DERI%4
Lila Kau rman
nd
» S.W. 2 Ave.
Connie Morrow.
Miami FL 33130
James DiPietro
City Manager
Lynn itv Diornevsser
RE: Certified Copy of City of Sunny Isles Beach Resolution No. 99-144,
City r\t[omcy
Repealing Resolution No. 98-49 and Notifying that the City Wishes To
Richard Brown-Morilla
Exercise Its Option To Exempt the City of Sunny Isles Beach from the
City Clerk
Provisions of 91-66 (Chapter 24 of the Code of Miami -Dade County)
Dear Mr. Renfrow:
Enclosed please a certified copy of the above described Resolution No.
99-144, that is being sent to you in accordance with the direction of the City
Commission. Pursuant to this Resolution, we request the Board of County
Commissioners to adopt a resolution approving the exemption of the City of
Sunny Isles Beach from provisions of the Miami -Dade County Storm Water
Utility Ordinance No. 91.66. When such resolution has been adopted, please
have a certified copy of it mailed to my attention.
Thank you for your assistance in processing this request.
Sincerely,
Richard Brown-Morilla
City Clerk
Attachment
cc: City Commission reading folder
City Attorney Lynn Dannheisser
City Manager Jim DiPietro
Kay Sullivan, Director of the Clerk of the Board Division
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isle. Beach. Florida 33160
(3051 9-47-0606 phone (305) 949-31 1 1 Lt.x
David Samson
Nlavor
Irving Turettiky .tune 24, 1999
Vice \laver
Commissioners Ms. Kay Sullivan, Director
Danny Iglesias Miami -Dade County Clerk of the Board Division
Lila Kauffman j ]th floor
Connie Morrow
I I I N.W. First Street
James DiPietro Miami FL 33126
City Manager
Lynn :V. Da«orn`ornev ser RE: Certified Copy of City of Sunny Isles Beach Resolution No. 99-144,
City Ay Repealing Resolution No. 98-49 and Notifying that the City Wishes To
Richard Brown-Morilla Exercise Its Option To Exempt the City of Sunny Isles Beach from the
City Clerk Provisions of 91-66 (Chapter 24 of the Code of Miami -Dade County)
Dear Ms. Sullivan:
Enclosed please a certified copy of the above described Resolution No.
99-144, that is being sent to you in accordance with the direction of the City
Commission. Pursuant to this Resolution, we request the Board of County
Commissioners to adopt a resolution approving the exemption of the City of
Sunny Isles Beach from provisions of the Miami -Dade County Storm Water
Utility Ordinance No. 91.66. When such resolution has been adopted, please
have a certified copy of it mailed to my attention.
Thank you for your assistance in processing this request.
Sincerely,
���6�U"'
Richard Brown-Mofilla
City Clerk
Attachment
cc: City Commission reading folder
City Attorney Lynn Dannheisser
City Manager Jim DiPietro
Director John W. Renfrow, Miami -Dade County DERtvI
Clew of Court Clerk of
,� ,b
aaCtL � V
Tuesday, July 20, 1999
Richard Brown-Morilla
City Clerk
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
Dear Mr. Brown-Morilla:
Phone
FAX
email
LEOf2 1999 Sunny lSje
sR
Enclosed please find a certified copy of Resolution R-771-99, adopted by the Board of
County Commissioners of Miami -Dade County at its meeting of July 13, 1999, in
reference to the exemption of the City of Sunny Isles Beach from the provisions of the
Miami -Dade County Stornwater Utility Ordinance #91-66.
Sincerely,
Kay Sullivan, Director —'
Miami -Dade County Clerk of the Board Division
Attachment
MEMORANDUM
TO: Honorable Chairperson and Members DATE:
Board of County Commissioners
FROM: M. R. Stierheim
County anager
RECOMMENDATION
Agenda Item No. 6(D)(1)(H)
July 13, 1999
SUBJECT: Resolution Approving the
Exemption of the City of Sunny
Isles Beach from the Provisions of
the Miami -Dade County
Stormwater Utility Ordinance.
It is recommended that the Board, acting as the governing body of the Miami -Dade County
Stormwater Utility, approve by the attached resolution, authorizing the exemption of the City
of Sunny Isles Beach from the provisions of the Miami -Dade County Stormwater Utility
Ordinance.
BACKGROUND
The Miami -Dade County Stormwater Utility (Stormwater Utility) was established as a
countywide utility by the Miami -Dade County Board of County Commissioners' adoption of
Ordinance 91-66, on June 18, 1991. Through this ordinance the utility is authorized to adopt
and collect stormwater utility fees sufficient to plan, construct, operate and maintain
stormwater management systems on a county -wide basis.
On October 17, 1995, the Board adopted Ordinance 95-195, amending Section 24-61.2 of the
Code of Miami -Dade County, Stormwater Utility Ordinance, thereby granting municipalities
the option of obtaining an exemption from the County's Stormwater Utility and in turn creating
a local stormwater utility. The City of Sunny Isles Beach passed and adopted Resolution No.
99-144 (copy attached) on June 17, 1999, notifying the Board that, effective October 1, 1999, it
wishes to exercise its option to be exempt from the provisions of Miami -Dade County Code
24-61.2, and to establish a stormwater utility within the municipal limits and territorial
boundaries of the City of Sunny Isles Beach in furtherance and implementation of the
provisions of section 404.0893(l), (2) or (3), Florida Statutes. The exemption of the City of
Sunny Isles Beach from the provisions of the Stormwater Utility will not have a fiscal impact
on the County.
It is therefore recommended that the Board approve the attached resolution exempting the City
of Sunny Isles Beach from the provisions of the Stormwater Utility Ordinance.
\'
Agenda Item Nu. 6 (D) (1) (H )
Page No. 2
The Chairperson thereupon declared the resolution duly passed and adopted this 13th day of
July, 1999. This resolution shall become effective ten (16) 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.
MIAMI-DADE COUNTY, FLORIDA
••"••••••
BY ITS BOARD OF
::GpMMiss�
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COUNTY COMMISSIONERS
�POf
coQ ma
HARVEY RUVIN, CLERK
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••.......•••
By: y, SULLIVAN
Deputy Clerk
Approved by County Attorney as
to form.and legal sufficiency
\i
Sun-23-80 10:16 FROM -CITY OF SUNNY ISLES BEACH +3059493113 T-648 P.03/04 F-356
i.
I
Sunny Isles Beach from the provisions of Ordinance 91-66 as of September 30, 1999.
Section 2. The City of Sunny Isles Beach hereby commits to implement applicable provisins
of Section 403.0893, (1) (2) or (3), as amended from time to time The City of Sunny Isles B I h
reserves the right pursuant to Section 24-612 of Ordinance 91.66 to void this exemption by regtr=
to the Board of County Commissioners of Miami Dade County.
Section 3. The Clerk of the City of Sunny Isles Beach is hereby directed to: a certified cppy
of this Resolution with the Clerk of the Board of County Commissioners and with the Direct i of
DERM and requests a resolution from the Board of County Commissioners approving the ex n
of the City of Sunny Isles Beach from provisions of the Miami Dade County Storm Water Utility
Ordinance No. 91.66, and requests a certified copy of that resolution be forwarded to the City CI[edc
of the City of Sunny Isles Beach -
Section 'on 4. The City Manager and City Attorney are authorized To do all things necessary to
out the purpose of this Resolution.
Section S. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 17" day of June, 1999.
(signed/ David Samsonl
David Samson, Mayor
ATTEST:
(signed/ Richard Brown-Morilla)
Richard Brown-Morilla, City Clerk
Rtpcar of Chiprc 24 Exrmp W Res. No. 98.49
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
SS:
I, HARVEY RUVIN, Clerk of the Circuit Court in and for Miami -Dade County,
Florida and Ex-Officio Clerk of the Board of County Commissioners o f Said County,
Do Hereby Certify that the above and foregoing is a true and correct copy of
Resolution No. R-771-99 adopted by said board of County Commissioners
at its meeting held on July 13, 1999
IN WITNESS WHEREOF, I have hereunto set my hand and official seal on
this 70th day of July
, A.D. 1999
HARVEY RUVIN, Clerk
Board of County Commissioners
Dade County, Florida
By
A��
eputy Clerk
Board of County Commissioners
Miami -Dade County, Florida
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