HomeMy WebLinkAboutCC Legislation (Version 2) - NEWiyof is
Legislation
Resolution
v Hall
3500 Pan American
Drive
"Miami. FL 33133
^Nww. rn lama Ov. cOnl
Number 07-01182 Final Action bate:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED AND
RESTATED INTER -LOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, BETWEEN THE CITY OF MIAMI, THE SCHOOL BOARD OF MIAMI-DADE
COUNTY, AND THE COUNTY TO IMPROVE COORDINATION BETWEEN LAND
USE AND SCHOOL FACILITY PLANNING; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; AND PROVIDING AN EFFECTIVE
DATE,
WHEREAS, the Miami Planning Advisory Board, at its meeting on October 3, 2007, item No. 2,
following an advertised public hearing, adopted Resolution No. PAB 07-039 by a vote of nine to zero
(9-0), recommending APPROVAL as hereinafter set forth; and
WHEREAS, Florida Statutes Sections 163.31777 and 1013.33 require each county and the
non exempt municipalities within that county to enter into an Interlocal Agreement with the district
school board to establish jointly the specific ways in which the plans and processes of the district
school board and the local governments are to be coordinated: and
WHEREAS, the City of Miami( the City), Miami -Dade County (the County) and the Miami -Dade
County School Board (the School Board) and other municipalities in the County entered into the
original Interlocal Agreement implementing comprehensive land use and school facilities planning
policies in 2003; and
WHEREAS, subsequent to the original Interlocal Agreement , in 2005, the Florida Legislature
enacted Chapter 2205-98 , Laws of Florida, codified as § 163.31777, §163.3180(13) and § 1013.33,
Florida Statutes, which in relevant portions, require that all school inter -local agreements be updated
to reflect a new statutory mandate to implement public school concurrency; and
WHEREAS, the local governments who entered into the original Interlocal Agreement think that
it is more efficient, more orderly, and a best practice to enter into the attached Amended and Restated
Interlocal Agreement (Interlocal Agreement) which includes and incorporates the original Interlocal
Agreement, and the 1st and 2nd Supplemental Agreements, all originally adopted in 2003, now
combined into one Amended and Restated Interlocal Agreement which now includes, in light of the
2005 amendments referenced herein, the School Board's obligation to prepare , adopt, and implement
a financially feasible capital facilities program that will result in public schools operating at the adopted
level of service standard consistent with the timing specified in the School Board's adopted five year
plan ( District Facilities Work Program), among allied matters; and
WHEREAS, the 2005 Florida Legislature adopted Chapter 2005-98, Laws of Florida codified at
Sections 163.31777, 163.3180(13) and 1013.33, Florida Statutes, now requires all school inter -local
agreements be updated to reflect a new statutory mandate to implement public school concurrency;
and
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File Number Q7-01 82
WHEREAS, the 2005 State Legislation, S.B. 360, mandated an update to inter local
agreements between local governments, in Miami Dade County, and the School Board, by January 1,
2008 in order to implement school concurrency. If not adopted by this date, local governments,
including the City of Miami, will not be able to adopt comprehensive plan amendments that increase
residential densities, until concurrency amendments have been adopted and transmitted to the
Department of Community Affairs; and
WHEREAS, 2007 State legislation HB7203, requires all local governments to adopt and
transmit to the state land planning agency the necessary plan amendments, along with the Inter -local
agreement, for a compliance review pursuant to Florida Statutes 163.3184(7); and
WHEREAS, the Agreement attached and incorporated, meets the minimum requirements
outlined in Florida Statutes Section 163.31777: 163.3180(13), 1013.33, SB 360 and HB 7203; and
WHEREAS, it is recommended that execution of the amended agreement be authorized;
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 adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized to execute the Inter -local Agreement, in substantially
the attached form, between the City, the School Board and the County.
Section 3. The Office of the City Clerk will transmit no less than three (3) executed originals to
the School board for the execution of this Agreement by the other parties. The School Board is
requested to return at least one fully executed original Inter -local Agreement to the City Clerk.
Section 4. This Resolution shall become effective immediately upon adoption and signature of the
mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
Footnotes:
{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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