HomeMy WebLinkAboutR-00-0782J-00-791
9/1/00
RESOLUTION NO ® 782
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT, APPROVING THE PARTICIPATION
OF THE CITY OF MIAMI IN A JOINT PLANNING
EFFORT WITH MIAMI-DADE COUNTY ("COUNTY"), THE
MIAMI RIVER COMMISSION, AND THE COMMUNITY TO
CREATE AND IMPLEMENT A COMPREHENSIVE LONG
TERM PLAN FOR THE MIAMI RIVER' CORRIDOR;
AUTHORIZING THE CITY MANAGER TO EXECUTE A
JOINT PLANNING AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH THE COUNTY; FURTHER
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
APPLY FOR AND ACCEPT APPROPRIATE TECHNICAL
AND FINANCIAL ASSISTANCE (GRANTS) AS MAY BE
AVAILABLE.
WHEREAS, Chapter .163, Part II, Florida Statutes, establishes
the Local Comprehensive Planning and ;Land Development Regulation
Act ("Act") wherein Subsection 163.3171(3), Fla. Stat. (1999),
authorizes incorporated municipalities and counties to enter into
agreements with each other..to facilitate planning for areas of
mutual interest; and
WHEREAS, both.- the City of Miami ("City") and Miami -Dade
County ("County") have comprehensive plans in effect which
include portions of the Miami River, given the shared -
jurisdictional boundaries and importance of the River to the
local economy; and
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CITY CO. 16510
2411 or
SEP 14 2000
diesclu&i�an talo.
WHEREAS, the Miami River is recognized as a vital economic,
environmental, and geophysical resource to both the City and the
County; and
WHEREAS, it is appropriate that the City and the County work
jointly to establish and implement a comprehensive plan
(hereinafter referred to as the "Plan") covering a corridor the
length of the Miami River and which takes into consideration the
issues impacting and affected by the Miami River; and
WHEREAS, the Miami River Commission, an interagency entity
created by §163.06, Fla. Stat. (1999); recommends that a joint
planning effort be undertaken for the Miami River and has offered
its assistance in this effort; and
WHEREAS, it is appropriate that the City and County enter
into an agreement to facilitate a joint planning effort and to
apply for funding and technical assistance as may be available;
and -
WHEREAS, §163.2511 through §163.2526, Fla. Stat.
(Supp. 2000), entitled the "Growth Policy Act", sets forth an
urban infill and redevelopment program which; among other things,
provides grants and technical assistance to local governments
desirous of designating infill and redevelopment areas; and
WHEREAS, it is appropriate that the City and County consider
designating an urban infill and redevelopment area for the Miami
River Corridor, from the area designated by "Water Management
Structure S-26" to Biscayne Bay, and to apply for and receive
benefits available from the Florida Department of Community
Affairs under the "Growth Policy Act";
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NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The participation of the City of Miami in a
joint planning effort with Miami -Dade County, the Miami River
Commission and the community to create and implement a
comprehensive long-term plan for the Miami River Corridor is
hereby approved.
Section 3. The City Manager is hereby authorized to
execute a Joint Planning Agreement, in substantially the attached
form, with Miami -Dade County.
Section 4. The City Manager is hereby authorized and
directed to apply for and accept appropriate technical and
financial assistance (grants) as may be available for such
purpose.
Section 5. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'/
�1 If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
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PASSED AND ADOPTED this 14th
ATTEST:
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day September 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated plafo provided, said
becomes effective with the elapse often (10) day -rom the date of Comm
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regarding same, without the Mayer exer�' (10) day
WALTER J. FOEMAN
CITY CLERK
Walter
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JOINT PLANNING AGREEMENT
MIAMI RIVER CORRIDOR PLAN
THIS AGREEMENT is entered into between and among the City of Miami, a municipal
corporation of the State of Florida, hereinafter referred to as "the City"; and Miami -Dade
County, a charter county of the State of Florida, hereinafter referred to as "the County", and
hereinafter sometimes referred to singularly or jointly as the "Party" or "Parties".
WHEREAS, Chapter 163, Part II, Florida Statutes (F.S.), establishes the Local
Government Comprehensive Planning and Land Development Regulation Act (the "Act")
which, under Subsection 163.3171 (3), F.S., authorizes incorporated municipalities and counties
to enter into agreements with each other to facilitate planning for areas of mutual interest; and
WHEREAS, both the City and the County have comprehensive plans in legal effect
which include portions of the Miami River; and
WHEREAS, the Miami River is recognized as a vital economic, environmental and
geophysical resource to both the City and the County, given the shared jurisdictional boundaries
and importance of the River to the local economy; and
WHEREAS, it is appropriate that the City and the County work jointly to establish and
implement a comprehensive plan, hereinafter referred to as the "Plan", covering ,a corridor the
length of the Miami River, a map of said corridor is attached hereto as Exhibit A the Miami
River Urban Infill and Redevelopment Area, and which takes into consideration the broad array
of issues impacting and affected by this body of waters; and
WHEREAS, in' 1999 the Florida Legislature created Sections .163.2511 through
163.2526, F.S., named the Growth Policy Act, setting forth an urban infill and redevelopment
program which, among other things, provides grants and technical assistance to local
governments desirous of designating infill and redevelopment areas pursuant to said State
statute; and
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WHEREAS, the City and the County desire to designate an urban infill and
redevelopment area for the Miami River Corridor, from water management structure S-26 to
Biscayne Bay, and to apply for and receive benefits available thereunder to facilitate this
process; and
WHEREAS, the designation of a corridor along the Miami River as an infill and
redevelopment area requires the preparation of a planning document, such as the Plan described
hereunder; and
WHEREAS, the Miami River Commission, an interagency entity created by the Florida
Legislature under Section 163.06, F.S., has recommended that a joint City and County planning-_
effort be undertaken for the Miami River and has offered its assistance in this effort;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, and other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the Parties agree as follows:
1. DESCRIPTION OF THE PLAN: The Plan shall cover the area on both sides of the
Miami River from water management structure S-26 to Biscayne Bay as generally depicted
on the attached Exhibit A (hereinafter referred to as the "Area"). It is understood that the
Area may be modified through the development of the plan, upon written approval of the
County Manager of Miami -Dade County, as authorized by the Board of County
Commissioners, and the City Manager or professional planning director for the City of
Miami, and as may be deemed appropriate to the Plan, the planning process and related
activities hereunder.
The Plan shall endeavor to create a unifying land use vision for the Miami River that
gives consideration to the use of an overlay planning district and other redevelopment
techniques. The Parties will seek the assistance of the Miami River Commission, and shall
invite broad community input and participation. The Plan is intended to be a holistic
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redevelopment program that can be adopted and implemented by all levels of government as
well as private and not-for-profit sectors.
2.. COMMITMENT OF RESOURCES: The City and County agree to provide the personnel
and support resources necessary to prepare the Plan. It is the intention of the Parties that
every effort be made to obtain by hire the services of qualified'pr6fessionals from the private
sector to undertake the majority of the work required hereunder, particularly those activities
directly related to drafting the physical document as the culmination of the planning process.
a) The City agrees to serve as the lead planning agency for the portion of the Area located
within the municipal boundaries of the City and for the project in general.
b) The County agrees to serve as the lead planning agency to the unincorporated portion of
the Area and shall provide technical assistance to the City on .environmental and
transportation planning matters that fall within the County's charter responsibilities.
3. SCOPE OF WORK: The City, with assistance from the County, shall prepare the Plan
for the Area, which shall be sufficient to satisfy the State's requirements for designation as an
Urban Infill and Redevelopment Area, as further provided herein. The Agencies shall adopt
and implement the Plan subject to approval by the elected Boards of both Parties.
4. FUNDING OPTIONS:
a) In support of the Plan, the City, through the City. Manager or planning director, shall
prepare the grant application to the State of Florida to secure funding for the Plan,
specifically for the purpose of preparing an urban infill and redevelopment plan for the
Miami River Corridor pursuant to Chapter 913-69, Florida Administrative Code, Urban
Infill and Redevelopment Assistance Grant Program and which meets with the approval
of the Miami River Commission. The County, through the County Manager or planning
director, shall assist the City in the preparation of the grant application.
b) The City agrees to serve as the lead local government applicant for the duration of the
State's Urban Infill and Redevelopment Assistance Grant Program.
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c) The City and the County, through their respective managers or planning directors, may
additionally apply to such other governmental and/or private agencies as may provide
appropriate financial or in-kind support to assist with the preparation and/or
implementation of the Plan. Either Party may elect to serve as the lead administrative
agency or grantee for such assistance, as may be appropriate to the funding source and as
is approved by the Parties' respective managers or professional planning directors.
d) Acceptance of such grants shall be subject to approval by the governing board of the lead
local government applicant.
5. PLAN APPROVAL: The City and the County further agree, subject to the approval of
the Plan by the governing boards of both Parties, to execute and implement the
recommendations of the Plan appropriate to the jurisdiction of the respective entities.
6. EFFECTIVE DATE: The effective date of this Agreement shall be the date on which the
respective managers of Miami -Dade County and the City of Miami execute this Agreement,
whichever is later.
7. TERM OF AGREEMENT: This Agreement shall be in effect for a period of five years
after the effective date, or until cancelled as provided herein. This Agreement may be
extended for additional one-year periods upon the written authorization the County Manager
of Miami -Dade County and the manager or planning director of the City of Miami, subject to
the availability and appropriation of funds.
8. CANCELLATION OF AGREEMENT: Either Party may cancel this Agreement at
any time by giving written notice to the other Party requesting cancellation at least ten (10)
business days prior to the effective date of such cancellation. In the event of any cancellation
under this section, each party shall bear its own costs incurred as of the effective date of
cancellation.
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9. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: The Parties
agree to comply with and observe all applicable federal, state and local laws, rules,
regulations, codes and ordinances, as they may be amended from time to time.
10. INDEMNIFICATION AND HOLD HARMLESS: The City agrees to hereby indemnify
and save harmless the County from any and all claims, liabilities, losses and causes of action,
to the extent of the limitations included within Florida Statutes, Section 768.28. However,
nothing herein shall be deemed to indemnify the County for any liability or claims arising out
of the negligence, performance or lack of performance of the County.
The County hereby agrees to indemnify and. save harmless the City from any and all claims,
liabilities, losses and causes of action, to the extent of the limitations included within Florida
Statutes, Section 768.28. However, nothing herein shall be deemed to indemnify the City for
any liability or claims arising out of the negligence, performance or lack of performance of
the City.
11. DEFAULT: If either Party fails to comply with any term or condition of this
Agreement, or fails to perform any of its obligations hereunder, then that Party shall be in
default. Upon the occurrence of a default hereunder, the Party not in default, in addition to
all remedies available to it by law, may immediately, upon written notice to the Party in
default, terminate this Agreement whereupon all payments, advances, or other compensation
paid by the Party not in default to the other while said Party was in default shall be
immediately returned. Both Parties understand and agree that termination of this Agreement
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under this section shall not release the Party in default from any obligation accruing prior to
the effective date of termination.
12. NONDISCRIMINATION: Each Party represents and warrants to the other that it does
not and will not engage in discriminatory practices and that there shall be no discrimination
in connection with the performance under this Agreement on account of race, color, sex,
sexual orientation, religion, age, handicap, marital status or national origin. Each Party
further covenants that no otherwise qualified individual shall, solely by reason of his/her
race, color, sex, sexual orientation, religion, age, handicap, marital status or national origin,
be excluded.from participation in, be denied services, or be subject to discrimination under
any provision of this Agreement.
13. ASSIGNMENT: This Agreement shall not be assigned by either Party, in whole or
in part, without the prior written consent of the respective governing boards of the County
and City. The hiring of qualified professionals from the private sector pursuant to Paragraph
2 shall not be considered an assignment of the agreement.
14. NOTICES: All notices or other communications required under this Agreement shall
be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail,
return receipt requested, addressed to the other Party at the address indicated herein or to
such other address as a Party may designate by notice given as herein provided. Notice shall
be deemed given on'the day on which personally delivered; or, if by mail, on the fifth day
after being posted or the date of actual receipt, whichever is earlier.
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TO THE COUNTY:
M.R. Steirheim
County Manager
111 NW First Street, 29'" Floor
Miami, FL 33128
Guillermo E. Olmedillo, Director
Department of Planning & Zoning
15. MISCELLANEOUS PROVISIONS:
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TO THE CITY:
Carlos A. Gimenez
City Manager
444 SW 2nd Avenue — 10th Floor
Miami, FL 33130
Copy to:
Ana Gelabert-Sanchez, Director
Planning & Zoning Department
a) This Agreement shall be construed and enforced according to the laws of the State of
Florida.
b) Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
c) No waiver of breach of any provision of this Agreement shall constitute a waiver of any
subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
d) This Agreement. constitutes the sole and entire agreement between the Parties hereto. No
modification or amendment hereto shall be valid unless in writing and executed by
properly authorized representatives of the Parties hereto.
16. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability
of funds and continued authorization for program activities and the Agreement is subject to
amendment or termination due to lack of funds, reduction of funds and/or change in
regulations, upon thirty (30) days notice.
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17. ENTIRE AGREEMENT:
This instrument and its attachments constitute the sole and
only agreement of the Parties relating to the subject matter hereof and correctly set forth the
rights, duties; and obligations of each to the other as of its date. Any prior agreements,
promises, negotiations, or representations not expressly set forth in this Agreement are of no
force or effect.
18. COUNTERPARTS: This Agreement may be executed in two or. more counterparts,
each of which shall constitute an original but all of which, when taken together, shall
constitute one and the same agreement.
19. APPROVAL BY THE OVERSIGHT BOARD: The State of Florida has appointed an
Emergency Financial Oversight Board (the "Oversight Board") that is empowered to review
and approve all pending City contracts. As a result, contracts shall not be binding on the City
until such time as they have been approved by the Oversight Board. Attestation of this
Agreement by the City Clerk shall constitute evidence of its approval by the Oversight
Board.
20. AMENDMENTS: This Agreement may be modified only by an agreement in writing
approved by the governing board or commission of the City and the County, respectively.
21. 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 otherwise unenforceable under the laws of the State of Florida, Miami -Dade
County or the City of Miami, such provision, paragraph, sentence, word or phrase shall be
deemed modified to the extent necessary in order to conform with such laws, or if not
modifiable, then same shall be deemed severable, and in either event, the remaining terms
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and provisions of this Agreement shall remain unmodified and in full force and effect or
limitation of its use
In witness whereof, the Parties hereto have caused this agreement to be executed by their
undersigned officials as duly authorized.
CITY OF MIAMI, a municipal corporation of the State of Florida
Carlos A. Gimenez, City Manager
Date
Attest:
Walter Foeman, City Clerk
Approved by County Attorney as
to form and legal sufficiency.
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Approved as to Form and Correctness
Alejandro Vilarello, City Attorney %/'
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
HARVEY RUVIN, CLERK
By:
Deputy Clerk
By.
M.R. Stierheim
County Manager
Date:
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CITY OF MIAMI, FLORIDA CA=24
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and Members
of the City Commission
FROM:
#a1sA. Gime z
City Manager
RECOMMENDATION
DATE: AUG 2 9 2000 FILE :
SUBJECT: Miami River Corridor Plan — Joint
Planning Agreement & Grant Application
REFERENCES:
ENCLOSUREsAgreement, Resolution
It is respectfully recommended that the City Commission adopt the attached Resolution
approving the City of Miami's participation in a joint planning effort with Miami -Dade County,
the Miami River Commission, and the community to create and implement a long-term
comprehensive plan for the Miami River Corridor. The legislation also authorizes the City
Manager to execute an inter -local joint planning agreement (Attachment A) with Miami -Dade
County, and to apply to the State and other agencies for grants and technical assistance to support
this activity.
BACKGROUND
The Department of Planning and Zoning has worked for the last several months with the Real
Estate and Economic Development Department, the Miami -Dade County Planning Department,
the Miami River Commission, the FIU/FAU Joint Center for Environmental and Urban
Problems, the Trust for Public Land, the South Florida Water Management District and others to
consolidate the many plans that have been drafted over the years for the Miami River. The
Miami River is recognized as a vital economic, environmental, and geophysical resource to both
the governmental agencies, given the shared jurisdictional boundaries and importance of this
waterway to the local economy.
The State of Florida, through its Department of Community Affairs, encourages local
governments to facilitate planning for areas of mutual interest. Furthermore, the Florida
legislature recently created a program for "urban infill and redevelopment" under the Local
Government Comprehensive Planning and Land Development Regulation Act (Subsection
163.3171 (3), F.S.) which, among other things, provides grants and technical assistance to local
governments that desire to designate infill and redevelopment areas. It is recommended that such
a designation be made for the Miami River Corridor, pursuant to a consolidation of the various
plans for the river through a joint planning process involving the City and the County as well as
the community as a whole.
The attached agreement outlines the responsibilities of the City and County for the planning
process. The legislation formally allows the City to participate in this process, and authorizes the
City Manager to execute an inter -local joint planning agreement with Miami -Dade County and to
ly to the States and other agencies for grants and technical assistance to support this effort.
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