Loading...
HomeMy WebLinkAboutReso 2003-627 RESOLUTION NO. 2003- G:, 2- '7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A SECOND SUPPLEMENTAL AGREEMENT TO THE INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING IN MIAMI-DADE COUNTY, ATTACHED HERETO AS EXHIBIT "A", BETWEEN THE CITY OF SUNNY ISLES BEACH AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY; PROVIDING THE MAYOR WITH THE AUTHORITY TO EXECUTE THE SUPPLEMENTAL AGREEMENT; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach has a desire to participate in the school facility planning process used by the School Board of Miami-Dade County; and WHEREAS, the School Board of Miami-Dade County has forwarded a second Supplemental Agreement to the City; and WHEREAS, by entering into the attached agreement, the City is fulfilling its statutory obligations and requirements recognizing the benefits that will accrue to its residents and students. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I. Approval of Agreement. The City Commission hereby approves the Second Supplemental Agreement to the Interlocal Agreement attached hereto as Exhibit "A". Section 2. Authority of the Mayor. The City Commission hereby provides the Mayor the authority to execute said Agreement. Section 3. Authority of City Manager and City Attorney. The City Commission hereby gives the City Manager and the City Attorney the authority to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution shall become effective upon adoption. ....h. (_ PASSED AND ADOPTED this ~ day ofDtZ.Le.~'Of;v'" , 2003. Resolution approving an Interlocal Agreement for Public SchooqFacility Planning HO:jb A: Reso 1 12/10/03 -- 4:49 PM I , ,~ '~,: AT'fEST: 'j ( J ./'~ .. ~ .... .... . Ir,'~,-,~ .... A"~ .' ' ,'., I . '. ~ . "~;.QIlU. .';. -'. Jane A.lHines,~ity Clerk . , . ~ .' ~ ' " ) ..' ") "I :~... i", . '..,". APPROVED AS TO FORM AND LEGAL SUFFICIENCY L nn M. Dannheisser, City Attorney Vote: 4: - 0 - \ Mayor Norman S. Edelcup Vice Mayor Gerry Goodman ~ ~~~ Commissioner Roslyn Brezin Commissioner Danny Iglesias Commissioner Lewis Thaler Moved by: X~ BRU\lU Seconded by r -r H-f\-L <t..R.... \/""'" Yes) _(Yes) ...JL.. (Yes) ~{Y es) ~(Yes) _(No) _(No) _(No) _(No) _(No) Resolution approving an Interlocal Agreement for Public Schoo!;facility Planning HO:jb A: Reso 1 12/10/03 -- 1l:43 AM SECOND SUPPLEMENTAL AGREEMENT TO INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING IN MIAMI-DADE COUNTY This Second Supplemental Agreement (hereinafter referred to as the "Second Supplemental Agreement") to the Interlocal Agreement for Public School Facility Planning in Miami-Dade County (hereinafter referred to as the "Agreement") is entered into between The School Board of Miami-Dade County, Florida, a political subdivision of the State of Florida, (hereinafter referred to as "School Board"), and one or more of the following local governments in Miami-Dade County, whose joinder in the Second Supplemental Agreement is indicated by their execution.hereof: Miami-Dade County, a political subdivision of the State of Florida (hereinafter referred to as "County"), the Cities of City of Aventura, Town of Bay Harbor Islands, City of Coral Gables, Village of EI Portal, City of Florida City, City of Hialeah, City of Hialeah Gardens, City of Homestead, Village of Indian Creek, Village of Key Biscayne, City of Miami, City of Miami Beach, Town of Miami Lakes, Village of Miami Shores, City of Miami Springs, City of North Bay Village, City of North Miami, City of North Miami Beach, City of Opa-Locka, Village of Palmetto Bay, Village of Pinecrest, City of South Miami, City of Sunny Isles Beach, City of Sweetwater, and the City of West Miami (hereinafter collectively referred to as "Cities"). RECITALS WHEREAS, the County, Cities and the School Board have entered into the Interlocal Agreement for Public School Facility Planning in Miami-Dade County and the First Supplemental Agreement; and, WHEREAS, The Town of Bay Harbor Islands proposes a Second Supplemental Agreement to address the unique issues it faces with the impact of growth in municipalities exempt from signing the Agreement on the public elementary school located in the Town; and 1 WHEREAS, Paragraph 16 of the Agreement provides that the School Board and individual municipalities may enter into Supplementary Agreements to address individual circumstances; and WHEREAS, Paragraph 17 of the Agreement provides that, should the School Board enter into an agreement with another municipality, separate or otherwise, which provides more beneficial terms than those agreed to in the Agreement, the School Board shall offer the same terms to all other parties to the Agreement; and WHEREAS, the undersigned municipalities agree to execute the Agreement only on the condition that the First Supplemental Agreement and this Second Supplemental Agreement is also executed by the parties, and do not agree to be bound by the Agreement in the event the First and Second Supplemental Agreements are not also executed; and WHEREAS, the School Board and the undersigned municipalities desire to enter into this Second Supplemental Agreement. AGREEMENT NOW THEREFORE, be it mutually agreed between the School Board, the County and the Cities that the Agreement is modified to provide for the following additional language regarding the coordination of land use and public school facilities planning: Section 8. Collocation and Shared Use * * * * * * 8.3 Collocation and shared use as provided for in this Agreement may include the sharing of county and municipal facilities for student use, such as use of a park for park purposes by students from a neighboring public school, and similarly may include the use of public school facilities by the community. * * * * * * 2 Section 19. Exempt or Waived Municipalities 19.1. In cases where a municipality or other unit of local government (that is not a party to this Agreement by virtue of statutory exemption or waiver) and whose decisions and/or actions with respect to development within the municipality's or unit of local government's jurisdiction, may impact on municipalities or units of local government which are parties to this Agreement, the School Board agrees to contact, through its representatives or appropriate designees, these non-parties and invite them to become signatories to this Agreement. Failure to secure a response or to have non- signatories become signatories to this Agreement shall neither" constitute, nor be considered, a breach of this Agreement. 19.2 This section shall not be interpreted to prevent exempt or waived municipalities from participating in the processes under the Agreement and the First Supplemental Agreement' as they may relate to any public school facilities located in unincorporated Miami-Dade County. All other provisions of the Interlocal Agreement and the First Supplemental Agreement are incorporated herein by reference to the extent not inconsistent herewith. IN WITNESS WHEREOF, this Interlocal Agreement has been executed by and on behalf of the School Board of Miami-Dade County, Florida, Miami-Dade County, the Cities of City of Aventura, Town of Bay Harbor Islands, City of Coral Gables, Village of EI Portal, City of Florida City, City of Hialeah, City of Hialeah Gardens, City of Homestead, Village of Indian Creek, Village of Key Biscayne, City of Miami, City of Miami Beach, Town of Miami Lakes, Village of Miami Shores, City of Miami Springs, City of North Bay Village, City of North Miami, City of North Miami Beach, City of Opa-Locka, Village of Palmetto Bay, Village of Pinecrest, City of South Miami, City of Sunny Isles Beach, City of Sweetwater, and the City of West Miami, and, on this ,51 g day of ~+ , 2003. ATTEST: Chairman, Board of County Commissioners ~4- Ma , own of Bay Harbor Islands 3 The School Board of Miami Dade County, Florida. By: Attest: Attest: By: (print) (print) 5