HomeMy WebLinkAboutR-99-0454a
J-99-529
6/22/99
RESOLUTION NO. 9 9- 454
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AMENDED MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF MIAMI, MIAMI-DADE COUNTY AND THE
STATE OF FLORIDA FOR THE PURPOSE OF
TRANSFERRING ALL ASSETS AND RESPONSIBILITIES
FROM THE MIAMI RIVER COORDINATING COMMITTEE
TO THE MIAMI RIVER COMMISSION ("COMMISSION"),
OR A NOT -FOR -PROFIT CORPORATION CREATED BY
THE COMMISSION TO FULFILL THE PURPOSES OF THE
COMMISSION AS SET FORTH BY LAW.
WHEREAS, on January 1, 1986, the Governor of the State of
Florida created the Miami River Coordinating Committee by
Executive Order No. 86-4 for a period of one year; and
WHEREAS, on October 24, 1986, the City of. Miami, Miami -Dade
County and the State of Florida entered into a Memorandum of
Understanding clarifying and delineating the responsibilities of
the City of Miami and the Miami -Dade County in governing and
maintaining the Miami River and creating the Miami River
Coordinating Committee; and
WHEREAS, Chapter 98-402, Section 5, Laws of Florida, created
ATTACHraE
:ks CORTMXZ3
cm COIVMSSION
DETING OF
JUN 2 2 9999
,Resolution No.
99-- 454
the Miami River Commission (the "Commission"); and
WHEREAS, in addition to other responsibilities and roles,
Chapter 98-402, Section 5, Laws of Florida, charged the
Commission with performing substantially all of the coordinating
and intergovernmental cooperation roles that the Miami River
Coordinating Committee had previously performed; and
WHEREAS, in light of the enactment of Chapter 98-402,
Section 5, Laws of Florida, creating the Miami River Commission,
the City of Miami, Miami -Dade County and the State of Florida now
desire to disband the Miami River Coordinating Committee; and
WHEREAS, the Miami River Coordinating Committee incorporated
an entity to hold its funds entitled Up The River, Inc.; and
WHEREAS, pursuant to the Amended Memorandum of Understanding
between the City of Miami, Miami -Dade County and the State of
Florida, the City Commission agrees that all office equipment,
computers, furniture, supplies and other personal property of the
Miami River Coordinating Committee shall be transferred to the
Miami River Commission or a not -for -profit corporation created by
the Commission to fulfill the purposes of the Commission as set
forth by law; and
WHEREAS, all funds presently held by the Miami River
Coordinating Committee and Up The River, Inc. shall be
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99- 4054
transferred to the Commission or a not -for -profit corporation
created by the Commission to fulfill the purposes of the
Commission as set forth by law;
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
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized!-' to
enter into an Amended Memorandum of Understanding between the
City of Miami, Miami -Dade County and the State of Florida, in
substantially the attached form, for the purpose of transferring
all assets and responsibilities from the Miami River Coordinating
Committee to the Miami River Commission, or a not -for -profit
corporation created by the Miami River Commission to fulfill the
1i The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable City
Charter and Code provisions.
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99- 454
!'
purposes of the Miami River Commission as set forth by law.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.�'
PASSED AND ADOPTED this 22nd day of June 1999.
JOE CAROLLO, MAYOR
In accordance with (41is :i I.' ... � : 3 3c,, 5ymr j1ncr4warA-P(nofirAeJu,- proval of
this legislation by signing it in Sind I eyi s tion now
becomes effective with the elapse of ten -sio action
ATTEST: regarding same, without the Mayor ararcising &
Cite Clerk
WALTER J. FOEMAN
CITY CLERK -#-2
D/AS XZORM AI CORRECTNESS: rZ
LlobNDRO" V I LARELLO
0Y ATTORNEY
536:RCL:BSS
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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9 9 — 4ra4
AMENDED IN.-MORANDUNI OF UNDERSTANDING AMONG THE CITY OF
ML-Oyf 1, i IL•+►MI-DADE COUNTY AND THE STATE OF FLORIDA RELATING
TO THE ML41NIT RIVER COORDINATING CONUMITTEE
This agreement is made and entered into among the City of Miami, hereinafter referred to
as the "City," Miami -Dade County, hereinafter referred to as the "County," and the State
of Florida, hereinafter referred to as the "State." The City, the County and the State are
hereinafter collectively referred to as the "Parties."
WITNESSETH:
WHEREAS, on January 1, 1986, the Governor of the State of Florida created the
Miami River Coordinating Committee by Executive Order 86-4 for a period of one year;
and
WHEREAS, on October 24, 1986, the City, the County and the State entered into
a memorandum of understanding clarifying and delineating the responsibilities of the
City and the County in governing and maintaining the Miami River and creating the
Miami River Coordinating Committee, a copy of which is attached and incorporated by
reference herein; and
WHEREAS, Chapter 98-4C2, Section 5, Laws of Flo►•ida, created the Miami River
Commission; and
WHEREAS, in addition to other responsibilities and roles, Chapter 98-402,
Section 5, Laws of Florida, charged the Nfiami River Commission with perforating
substantially all of the coordinating and intergovernmental cooperation roles that the
Miami River Coordinating Committee had previously performed; and
WHEREAS, in light of the enactment of Chapter 98-402, Section 5, Laws of
Florida, creating the Miami River Commission, the City, the County and the State now
desire to disband the Miami River Coordinating Committee; and
WHEREAS, the Miami River Coordinating Committee incorporated an entity to
hold its funds entitled Up the River, Inc.
NOW, THEREFORE, IN CONSIDERATION OF THESE PREMISES AND
MUTUAL PROMISES CONTAINED HEREIN, THE PARTIES HEREBY AGREE AS
FOLLOWS:
1. All office equipment, computers, furniture, supplies and other personal property of
the Miami River Coordinating Committee shall be transferred to the Miami River
Commission.
2. All funds presently held by the Miami River Coordinating Committee and Up The
River, Inc. shall be transferred to the Miami River Commission to fulfill the purposes
of the Commission as set forth in law.
9 9 - 454
4
of
All debts anu . bligations of the Miami River Coordinating Committee shall bepaid
from funds held by the Committee. Theeeafter, all bank accounts of the Miami River
Coordinating Committee shall be closed.
The Memorandum of Understanding entered by the Parties on October 24, 1986 is
hereby superseded and terminafed and the Miami River Coordinating Committee is
dissolved in recognition of the newly -created Miami River Commission.
IN WITNESS WHEREOF, the Patties have executed this agreement this Fday
1999.
CITY COMMISSION
OF THE CITY OF M AMI, FLORIDA
By:
Donald F1 Warshaw, City Manager
Attest
By:
Walter J. Fonman, City Cleric
STATE OF FLORIDA
By:
Governor
Approved by City Attorney as to
Form and legal correctness.
Alejandro Vilarello
City Attorney
BOARD OF COUNTY
COMMISIONERS OF
MIAMI-DADE COUNTY, FLORIDA
By:
County Manager
Attest
Clerk of the Board
By:
Deputy Cleric
Approved by County Attorney as to
form and legal sufficiency.
99- 454
I
ry yry V11 ..I. nl.. v7v VW2 2679
1 '
MEMORAMOUM OF UND£RSTAND:WG 8ETWUN THE CITY OF MIAMI,
DADE COUNTY AND THE STATE Or FLORIDA XZLATINC %V THE
MINMI ATVIN AND ITS ?RreUTARIRS EAST OF THE
SALINITY STRUCTURE AT 36TH AVENUE
1, This agreement is made and entered into between the City of
Miami, hereinafter referred to as the 'City', Metropolitan Dade County,
hereinafter referred to as the •County', and the State of Florida,
hereinafter referred to as the "state'.
NITNESStTH+
wwxAZAs, the parties hereto desire to clarify and delineate the
responsibilities of the City an.a the County in governing and maintaininq
the Miami Rivers and
MNERFAs, the parties desire to establish the RiamL sliver CoerdinatinQ
Cvnnittee to act so a clearinghouse of lnfarmation tar oitiasne nesdinT
aesistanca regarding any of the various agencies having jurisdiction
over the River, as well as other :unctions enumerated in Section a
of the agreement.
NOW, THZRZFORL►, IN CONSIDERATION OF THESE PPXKIsZS AND MM;41.
PROMISES CONTAINED HZRL:N, THS PARTIiS ROSY AGM AS FOUAV$r
A. DZLiNZATION or REOAONOIPSLITIEs OF THE CITY AMD COUNTY
IN GOVEANtNG AND MAINTAIN2VG THR MIAMI RIvBR
I. TP* city of Miami Marine Patrol is the primary agency responsible
for law enforcement from the mouth of the river to the city's boundary
which is just west of 21th Avenue. ,
2. The Metro -Dads Marine Patrol is the primary agency responsible
for law enforcement from the City's boundary just vast of 27th Avenue
to the salinity structure at a6th Avenue.
3. A mutual aid .agreement allows City and County law enforcement
agencies to cooperate and assist each other with routine law enforcement
across jurisdictional•iines.
99- 454
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i. The Mlami Marine Patrol, Matra -Dade Marina Patrol, Florida
Marine Patrol and united States coast Guard will cooperate in scheduling
working shifts so that the river will be patrolled for the greatest
number CC hones possible per Zt-hour day-
S. The City and County will make regular surveys of;th• river
for the purpose of locating and assisting in the removal.ce derelict
vessels (as defined by law) and ih enforcing applicable mooring codest
however, the FLorida Departmont of Natural Resources is the primary
agency responsibla for funding the removal of derelict vessels from
the Mimi hives.
`. Dads Co%Lnty vill•contincs to of for use of the Ar:ilieial Rest
Program for placement of derelict vessels and to offer the assistance
of the Nacre -cad• Marine patrol and swab !quad to isetlitate the sinking
of derelict vessels as part of the Artificial Reef program.
7. rho Dads County Department of 8nvironmental Resources Management
is the primary agency respnnaible for environmental concerns
In and along the river.
1. The City will notify O.E.R..M. of potential pollutants and
anvirorcAmtal concerns to the stunt, River, rooperate with and assist
o.Z.R.M. to whatever extent possible in the elimination of river pollution.
9. The City and County will work together to obtain funds to
eliminate or redesign storm+ater outfails in tho KlimL River that cannot
be upgraded with existing funds.
10. Dade county's O.E.R.N. is the primary agency responsible
for identifying the sources of pollutants entering the Miami ltivir,
remedying those situations with proper onforcoment and seeking nesietance
from the Florida Department of Environmental. l+egulation, the rLorida
Department of Natural Resources, the U.S. Army Corps of RngLneers and
other sources to identify additional methods for eliminating existing
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99=- -.454
sources of pollution, cleaning up contaminated sediments and preventing
future pollution of the rives,
11. The City and County will undertake ehorsline stabilisation
and rwegetatlon protects at suitable locutions along the river an
grants and other sources of tending become available.
12. Dads County will continue to provide the services of Me.
Cleanup, a vessel which removes floating debris from the river.
17- The City and County will provide courtesy notice to the Dade
County Archaeologist when permitting developments along the Miami River.
14. The City and County will -encourage activities which provide
public &warmness of the HOmi Aivor and its r1oh heritage.
1s. The City and County agree to respond promptly to reports
of code violations on riverfront properties.
H. MIR.MI RIVFR COORDINATING COMNX7rZN `}!`
The City and County recognise the need for an ongoing Mi sliver
Coordinating CoMmsttee with a similar mix of public and ppitieto citisens
as previously created by Governor Bob Graham and such Comdiittei In
hereby created.
1. n"a Comaictes shall be composed.df eleven members selected
as follows e '
(a) The Manager. City of Miami, or hfa designated staff member.
(b) Three po:aons, appointed by the mismi City coaiaission, who
have demonstrated an interest in the protection and enhancement of
the !Bassi River and who are not elected officials or employees of the
City of Miami, and who represent an appropriate cross seetiion of businesses,
conservationists, prop.rty owners, and other citisons interested in
the welfare of the Miami River.
(cl The Manager, Metropolitan WO County, or his designated
staff mamber.
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SYSTEMS, INC. - SOUTHEAST
6954 N.W. 12 STREET, MIAMI, FLORIDA 33126
305-477-9149 •800-287-4799 - FAX 305-477-7526
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(d) Throe persons, appointed by the Dade County Commission, who
have demonstrated an interest In the protection and enhancement Of
the Miami River and who are not elected officiAl or setployses of Matropoll-
tan Dads County and who represent an appropriate 'roes section of busLneases
Conservationists, property owners, and other citizens interested in
the welfare of the Miami River.
(a) One staff member from the Florida Governor's office.
(f) TWO persons, appointed by the Florida Covernor, who have
demonstrated an interest in the protection and anhancement of the Miami
Aivor and who are not elected officials or employees o! the •Cat• of
Florida and who represent, an appropriate cross section of businsasss,
conservationists, property owners, and other eitisens Interested Ln
the welfare of the Miami River.
2. "embers selected under raragraph 1(n), (a) and (e) shall serve
In perpetuity. Numbers selected under Paragraph 1(b) and (d) shall
serve terms of 3, 2 and I years respectively. Members selected under
Paragraph 1(9) shall serve tors►* of 2 and 2 years respectively. Vaeaneiea
on the Comittee ihall be filled in the same manner as the original
appointments.
1. The Committee shall elect a chairman from among its nambsrs.
Tho CoPW ttee shall meet at the call of the Chairman. The Committee
shall formulate its own rulas and raqulations. Six me"'*rs constit
a quorum for the transaction of business.
4. The iUAW River Coordinating Committee shall provide the following
services
(a) act as a clearinghouse of information for citizens needing'
assistance regarding any of tho multiple agencies having jurisdiction
over the river, }
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9 9 - 454
vow 1« 26
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(bf work with the Miami pivot business comwunity and act as a
liaison between that community and the City and County,
(e) be empowered to acb ept and expend grsnts and other donations
from City and County agencies or Prom private sources for bho Purposes
of carrying out its duties and responslbIlitfea under this 44reement,
(d) make recommendations for review and action by the appropriate
City, County and other agenrise that perform functions and services
relating to.the Mimi River,
(el establish its headquaters on the river, possibly at a park
or other public property,
(f) and make an annual report of its sari%-itiss.-
5. The creation of that Mimi river Coordinating Cossaittee shall
take effect upon the expiration of Zxecutive order Number 46-e by Florida
cavesnor Sob Graham on 9anuary !, ifi9.
6. This agreement sloes not email any provision of funds by the
City of Mimi or pads County for Committee staff or related administrative
expenses either now or in the future.
rm MZTMSQ WNZR=jr, the parties have executed this agreement this
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99- 454
s. 163.05 t996 SUPPLEMENT TO FLOP' ' STATUTES 1997
I
B
wit, :opy provided to the Legislative Committee
Inte,,,vernmental Relations
t7) The Comptroller may enter into contracts and
agreements with other state and local agencies and
with any person, association, corporation, or entity
other than the program providers. for the purpose of
administering this section.
(8) The Comptroller shall provide fiscal oversight to
ensure that funds expended for the program are used
in accordance with the contracts entered into pursuant
to subsection (4)
(9) The Legislative Committee on Intergovern-
mental Relations shall annually conduct a performance
review of the program. The findings of the review shall
be presented in a report submitted to the Govemor, the
President of the Senate, the Speaker of the House of
Representatives, and the Comptroller by January 15 of
each year.
Watory-4. S, 92-309; s. S. cr 9&311: 3. 3. M. 96.25E.
,163.06 Miami River Commission.—
(1)(a) The Miami River Commission is hereby
established as the official coordinating clearinghouse
for all public policy and projects related to the Miami
River to unite all governmental agencies, businesses,
and residents in the area to speak with one voice on
river issues; to develop coordinated plans, priorities,
programs, projects, and budgets that might substan-
tially improve the river area; and to act as the principal
advocate and watchdog to ensure that river projects
are funded and implemented in a proper and timely
manner.
(b) The commission may seek and receive funding
to further its coordinating functions regarding river
improvement projects of the commission. Nothing in
this act affects or supersedes the regulatory authortty
of any governmental agency or any local government,
and any responsibilities of any governmental entity
relating to the Miami River shall remain with such
respective governmental entity. However, the commis-
sion may accept any specifically defined coordinating
authority or functions delegated to the commission by
any governmental entity, through a memorandum of
understanding or other legal instrument. The commis-
sion shall use powers of persuasion to achieve its
objectives through the process of building a consensus
work plan and through widespread publication of regu-
lar progress reports.
(2) The Miami River Commission shall consist of:
(a) A policy committee comprised of the Govemor,
the chair of the Dade delegation, the chair of the gov-
eming board of the South Florida Water Management
District, the Miami -Dade County State Attorney, the
Mayor of Miami, the Mayor of Miami -Dade County, a
commissioner of the City of Miami Commission, a com-
missioner of the Miami -Dade County Commission, the
chair of the Miami River Marine Group, the chair of the
Marine Council, the Executive Director of the Down-
town Development Authority, and the chair of the
Greater Miami Chamber of Commerce; two neighbor-
hood representatives, selected from the Spring Garden
Neighborhood Association, the Grove Park Neighbor-
hood Association, and the Miami River Neighborhood
Enhancement Corporation, one neighbor
sentatrve to be appointed by the city com
one neighborhood representative to be' a
the county commission, each selected fr
three names submitted by each such orgar
representative from an environmental or c,
t;on, appointed by the Govemor; and three
at -large. who shall be persons who have
strated history of involvement on the k
through business, residence, or volunteer
appointed by the Govemor, one appointed
commission, and one appointed by the tour
sion. All members shall be voting members
mtttee shall also include a member of the Ur
Congressional delegation and the Captain
of Miami as a representative of the United St
Guard, as nonvoting, ex officio members.
committee may meet monthly, but shall me
quarterly.
(b) A managing director who has the res
to implement plans and programs.
(c) A working group consisting of all gov
agencies that have jurisdiction in the Miami F
as well as representatives from business
associations.
(3) The policy committee shall have the
powers and duties:
(a) Consolidate existing plans, programs,
posals into a coordinated strategic plan for
ment of the Miami River and surroundin
addressing environmental, economic, sock
ational, and aesthetic issues. The commit
monitor the progress on each element of such
shall revise the plan regularly.
(b) Prepare an integrated financial plan L
different jurisdictional agencies available for;
financial resources. The committee shall mo
progress on each element of such plan and re
plan regularty.
(c) Provide technical assistance and polib
port as needed to help implement each eleme
strategic and financial plans.
(d) Accept any specifically defined coor
authority or function delegated to the committe,
level of government through a memorandum c
standing or other legal instrument.
(e) Publicize a semiannual report des
accomplishments of the commission and each r.
agency, as well as the status of each pending to
committee shall distribute the report to the c
county commissions and mayors, the Govemo
of the Dade County delegation, stakeholders,
local media.
(f) Seek grants from public and privates,
and receive grant funds to provide for the enhanc
of its coordinating functions and activities and ac
ter contracts that achieve these goals.
(g) Coordinate a joint planning area agrrs
between the Department of Community Affairs, T
and the county under the provisions
163.3177(11)(a), (b), and (c).
(h) Provide a forum for exchange of inbm
and facilitate the resolution of conflicts.
326
9 9 - 4 15 4
!. t 53 04
neighborhood repro,
it, city commission an
ve to be appointed b1' ;t'lected from a list
such organization; o a
rental or civic assoc,a
r, and three members
who have a dernort.
•1 on the Miami River
volunteer activity on
e appointed by the t:iy
by the county cornrn
ig members. The Corn.
per of the United Stat
:he Captain of the Poll
he United States Coa,tt
members. The pot
out shall meet at lea
:) has the responsibpm,
ns.
Ing of all governmental
the Miami River area
m business and tic
call have the following i
is, programs, and pro.
egic plan for improve.
i surrounding areas,
)nomic, social, recre.
The committee chap
?ment of such plan and
Zaneial plan using the
available for projected
:tee shall monitor the
.h plan and revise the
nce and political sup.
t each element of the
defined coordinating
the committee by any
emorandum of under.
t.
31 report describing
ion and each member
3ch pending task. The
sport to the city and
the Governor, chair
stakeholders, and the
and private sources
for the enhancement
:tivities and adminis-
oals.
rig area agreement
unity Affairs, the city,
provisions of s.
ange of information
,licts.
6 _ 1998 SUPPLEMENT TO F' -10A JUTES 1997
163.p
AL;, as a clearinghouse for public information
if) CI public education programs.
and Establish the Miami River working group,
ill members to the group, and organize subcom-
app°i s delegate tasks, and seek council from mem.
f^itt of the working group as necessary to cant' out the
very Of and duties listed in this subsection.
potul E1ect officers and adopt rules of procedure as
e�ary to carry out the powers and duties listed
above and solicit appointing authorities to name
replaart,� pate for on a�eguta� basisee members who do
^O(1) Hire the managing director, who shall be
authorized to represent the comssioramsofand
to ommfs-
ment le -
all policies, p do
P 9
^ The committee shall employ any additional staff
n�e�a;; to�assscri ist the managing director.
Witte 'W W . a+. 96.402, proved" that 1iMa Miami Rivar Comin"an shall
ut dvw�a
of the Mimi commission during Ru-
Wwminiis Smwon fiouid )♦continued and raanaolt5e dAaontnuabn
�t63.061 Miami River Commission; unanimous
vote required for certain acts. —
No item, motion, directive, or policy position that
would impact or in any way diminish levels of currently
permitted commercial activity on the Miami River or
,iverfront properties shall be adopted by the Miami
8iver Commission
passed
fbounanimous
of the appointed
ppnteaemberotecmmissionthen in
office.
(2) No item, motion, directive, or policy position
suggesting, proposing, or otherwise promoting addi-
tional taxes, fees, charges, or any other financial obli-
gation on owners of riverfront property or shipping com-
panies or operators shall be adopted by the Miami
giver Commission unless passed by a unanimous vote
of all appointed members of the commission then in
office.
taatory st. S. 7. cri 96-402.
, .�.Seawn 7. Ch. 9&a02. Provd" mar ltlhe Miami Rmw commission sJiafl
.ymnUa Jut, 1, 2003, unlots tha Logiaiatura, in a snow Of in* OraatCn, OWa-
,a„ WO tnynoksriments of the Miami Rrvor Cornrriission dump tM 2003 Regur
ar Session. oatarlM fin at Mill ationm-ssion should ba Continued
and raitcn
rT^scnt proudn g
PART II
COUNTY AND MUNICIPAL PLANNING
AND LAND DEVELOPMENT REGULATION
163.3164
Definitions.
163.3171
Areas of authority under this act.
163.3177
Required and optional elements of compre-
hensive plan; studies and surveys.
163.3180
Concurrency.
163.3184
Process for adoption of comprehensive
plan or plan amendment.
163.3187
-
Amendment of adopted comprehensive
plan.
163.3191
Evaluation and appraisal of comprehensive
plan.
163.3202
land development regulations.
163.3245
Optional sector plans.
S. It
163.3164 Deflnitions.—As used in this act:
(1) -Administration Commission' means the
nor and the Cabinet, and for purposes of this c
the commission shall act on a simple majont,.
except !hat for purposes of imposing the sanctior
vided in s. 163.3184(1 1). affirmative action
require the approval of the Governor and at leas:
other members of the commission.
(2) 'Area' or "area of )unsdiction- means tht
area qualifying under the provisions of this act, wt-
this be all of the lands lying within the limits of an
porated municipality, lands in and adjacent to inc
rated municipalities, all unincorporated lands wit
county, or areas comprising combinations of the :
in incorporated municipalities and unincorpor
areas of counties.
(3) "Coastal area" means the 35 coastal cou,
and all coastal municipalities within their bound,
designated coastal by the state land planning age
(4) "Comprehensive plan" means a plan that m
the requirements of ss. 163.3177 and 163.3178.
(5) "Developer" means any person, includir
governmental agency, undertaking any developrr
as defined in this act.
(6) "Development" has the meaning given it it
380.04.
(7) "Development order" means any order graft
denying, or granting with conditions an application
a development permit.
(8) "Development permit" includes any buildi
permit, zoning permit, subdivision approval, rezonir
certification, special exception, variance, or any oth
official action of local government having the effect
permitting the development of land.
(9) "Governing body" means the board of cour
commissioners of a county, the commission or court'
of an incorporated municipality, or any other chief go
erring body of a unit of local government, however de:
ignated, or the combination of such bodies where join
utilization of the provisions of this act is accomplishe
as provided herein.
(10) 'Govemmentai agency" means:
(a) The United States or any department, commie
sion, agency, or other instrumentality thereof.
(b) This state or any department, commissior
agency, or other instrumentality thereof.
(c) Any local govemment, as defined in this sec
tion, or any department, commission, agency, or othe
instrumentality thereof.
(d) Any school board or other special district
authority, or govemmental entity.
(11) "Land" means the earth, water, and air, above,
below, or on the surface, and includes any improve-
ments or structures customarily regarded as land.
(12) "Land use" means the development that has
occurred on the land, the development that is proposed
by a developer on the land, or the use that is permitted
or permissible on the land under an adopted compre-
hensive plan or element or portion thereof, land devel-
opment regulations, or a land development code, as
the context may indicate.
(13) 'Local government" means any county or
municipality.
327
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9 9 r
CITY OF MIAMI, FLORIDA 30
INTER -OFFICE MEMORANDUM _
TO: Honorable Mayor and Members DATE: JUN 14 1999 FILE:
of the City Commission
SUBJECT: Miami River Coordinating
Committee
FROM: 1 REFERENCES:
Donald H. Warshaw
City Manager ENCLOSURES:
RECOMMENDATION:
It is respectfully requested that the City Commission adopt the attached resolution to.
disband the Miami River Coordinating Committee; transfer all of its assets, including
funds, furniture, office equipment and personal property to the newly -formed Miami
Coordinating Commission; and authorize the City Manager to execute the attached
memorandum of understanding between the City of Miami, Miami -Dade County and the
State of Florida relating to the Miami River Commission.
BACKGROUND:
The Miami River Coordinating Committee was created on January 1, 1986, by the
Governor of the State of Florida via Executive Order 86-4 for a finite period. On October
24, 1986, the City, the County and the State entered into a memorandum of understanding
to clarify and delineate the responsibilities of the City and the County in governing and
maintaining the Miami River and creating the Miami River Coordinating Committee.
Subsequently, Chapter 98-402, Section 5, Laws of Florida, created the Miami River
Commission in 1998 and charged the new Commission with performing substantially all
of the coordinating and intergovernmental cooperation roles that the Miami River
Coordinating Committee had previously performed.
The attached memorandum of understanding would allow for the transfer all assets of the
Coordinating Committee, including funds, to the new Miami River Commission. This
agreement would supersede the prior agreement and would have to be executed by the
City, County and State to take effect.
9el- 454-