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.
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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
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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....
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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
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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
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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.
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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
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The School Board of Miami Dade County, Florida.
By:
Attest:
Attest:
By:
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