HomeMy WebLinkAboutPAB 09-19-07 BackupCity of Miami
Legislation
Resolution
City Hall
3500 Pan
American Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-01182 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED AND RESTATED
INTERLOCAL AGREEMENT, IN SUBSTANCIALLY 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, 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 interlocal
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 ,
City of Miami
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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 interlocal agreements be updated to reflect a new statutory
mandate to implement public school concurrency; and
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 Interlocal 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 Interlocal
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
Interlocal Agreement to the City Clerk.
Section 4. This Resolution shall become effective immediately upon adoption
and signature of the mayor. {1}
City of Miami Page 2 of 3 Printed On: 9/17/2007
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PASSED AND ADOPTED this day of , 2007.
MANUEL A. DIAZ, MAYOR
ATTESTED:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED AS TO LEGAL FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
..Footnote
{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.
City of Miami
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