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RESOLUTION 89-19783 RESOLUTION NO. 89-19783 A RESOLUTION OF THE CITY COM[NISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH METROPOLITAN DADE COUNTY FOR THE ADMINISTRATION OF THE DADE COUNTY ROAD IMPACT FEE ORDINANCE (NO. 88-112) FOR NEW CONSTRUCTION WITHIN THE CITY OF MIAMI BEACH; RESCINDING RESOLUTION 89-19620. WHEREAS, the City Commission of the City of Miami Beach, Florida deems it in the best interest of the citizens of Miami Beach to enter into an updated agreement with Metropolitan Dade County for the administration of the Dade County Impact Fee Ordinance (No. 88-112) including the assessment and collection of Road Impact Fees on all new construction within the City limits, and which Agreement is attached to this resolution; and WHEREAS, the details of the attached Agreement are familiar to the City Commission; and WHEREAS, the City Manager recommends the City enter into said Agreement and the City Attorney has approved same as to form; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF MIAMI BEACH, FLORIDA: That the Mayor and City Clerk be authorized and directed to execute said attached Agreement for and on behalf of the City of Miami Beach. BE IT FURTHER RESOLVED that Resolution 89-19620, adopted May 24, 1989 be rescinded. PASSED and ADOPTED this 31st day of October , 1989 V 1 CtMAYOR ATTEST: CITY CLERK RAG:et Attachment FORM APPROVED LEGAL DEPT. By 622. Date ea, /44$t I ead PM'i'aE4•,, FLORIDA 3 3 1 3 9 *=INCORPI ORATED*s "V A CA TIONL A NL) U. S. A. " .1%'if !.44)1 OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. -3 i DATE: October 31, 1989 TO: Mayor Alex Daoud an _ 0 Members of the City CommIssIon,/ FROM: Rob W. Parkins . /17: City Manager SUBJECT: ADOPTION OF RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN UPDATED AGREEMENT WITH METROPOLITAN DADE COUNTY FOR THE ADMINISTRATION OF THE DADE COUNTY ROAD IMPACT FEE ORDINANCE NO. 88-112 FOR NEW CONSTRUCTION WITHIN THE CITY OF MIAMI BEACH, AND RESCINDING RESOLUTION NO. 89-19620 On May 24, 1989, the City Commission passed Resolution No. 89-19620 authorizing the Mayor and City Clerk to execute on behalf of the City of Miami Beach an Interlocal Agreement for administering the Metropolitan Dade County Impact Fee Ordinance No. 88-112. The agreement which has not been signed by the County was slightly modified with no significant changes except to provide for an administrative fee retainage of 1-1/2% instead of 1% as originally proposed. ADMINISTRATION RECOMMENDATION: The Administration recommends that the Commission approve the Resolution authorizing the Mayor and City Clerk to execute the updated agreement with Metropolitan Dade County for the administration of the Road Impact Fee Ordinance No. 88-112. RWP/RAG/b AGENDA ITEM r DATE iê117)- 1- e(1 INTERLOCAL AGREEMENT THIS AGREEMENT, made and entered into this 1st day of November , 19 89 , by and between the City of Miami Beach, Florida , hereinafter referred to as the "MUNICIPALITY", and DARE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY". WITNESSETH WHEREAS, The Dade County Road Impact Fee Ordinance No. 88-112, as amended, hereinafter referred to as "ORDINANCE", provides for the fair share assessment of road impact fees on all new construction in both the unincorporated and incorporated areas of Dade County, to mitigate the additional impact on the arterial roadway system in Dade County; and WHEREAS, The Metro-Dade Road Impact Fee Manual, as the same may be amended, hereinafter referred to as "MANUAL", sets forth procedures, guidelines and policies for administering the ORDINANCE, as amended, and includes tables and forms for use in determining the road impact fees for various land development activities; and WHEREAS, the ORDINANCE and MANUAL Lntain procedures for a municipality p y to administer portions of the road impact fee process by entering into an Interlocal Agreement with the COUNTY; and WHEREAS, the terminology used herein shall have the same meaning as in the ORDINANCE and the MANUAL; and WHEREAS, the MUNICIPALITY has the professional capabilities required and desires to participate in administering the ORDINANCE; and WHEREAS, the MUNICIPALITY and COUNTY mutually recognize the need for entering into an agreement designating and setting forth responsibilities. NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, the parties agree as follows: 1. The MUNICIPALITY shall designate staff qualified to administer those provisions of this Agreement being the responsibility of the MUNICIPALITY and shall notify the COUNTY Public Works Director of the names and positions of such individuals. • 2. No building permit shall be issued by the MUNICIPALITY until the required COUNTY road impact fee has been collected by the MUNICIPALITY. 3. The MUNICIPALITY shall assess, collect and maintain permanent records of the required road impact fees in accordance with the adopted Impact Fee Schedule contained in the ORDINANCE, the expanded Land Use Categories contained in the MANUAL, and those cases noted under Section 7 and determine and maintain a permanent record of those exemptions from the road impact fees as defined in Sections 14A and 14B of the ORDINANCE and in Section VII and XV of the MANUAL. 4. The MUNICIPALITY shall forward all collected road impact fees with the required Records of Collections to the COUNTY, c/o the COUNTY Public Works Director, on a fiscal quarterly basis beginning July 1, 1989, except that the MUNICIPALITY shall retain one and one-half percent (lin) of the total road impact fees collected by said MUNICIPALITY to cover the incurred administrative cost. 5. The MUNICIPALITY shall provide detailed impact fee assessment information to the COUNTY in conjunction with the quarterly remittances. This information shall include: • Name, address, and when available, the phone number of the feepayer (the person who payed the impact fee) Social Security Number or Taxpayer Identification Number of feepayer Name, address and phone number of the contractor Building Permit Process Number Building Permit Number (when applicable) Amount of Impact Fee Date of Payment Folio Number of Property Address of Property Benefit District Number Institute of Traffic Engineers (ITE) Code and Assessment Criteria Existing land use and zoning Legal description, when required Copy of Building Permit Application 6. The COUNTY will furnish the required tables and forms, and provide training and technical support to the MUNICIPALITY, as determined by the COUNTY. 7. The COUNTY will be responsible for: the approval of impact fee credits for previous off-site roadway improvements and contributions in-lieu-of impact fee assessments; determination of the portion of a previously approved credit/contribution to be used to offset a current impact fee assessment; approval of independent fee computation studies; acceptance of Letters of Credit (Bond) in lieu of impact fees; assessment of impact fees for development projects not identified in the adopted Impact Fee Schedule or the expanded Land Use Categories; and providing this information to the MUNICIPALITY. o r 4 ' 8. The MUNICIPALITY agrees to permit external independent auditors and the COUNTY'. internal auditors to periodically inspect the impact fee records. These records shall be made available to the COUNTY for inspection within five (5) working days upon receipt of a written request from the COUNTY. It will be the responsibility of the MUNICIPALITY to reconcile any discrepancies that may appear as a result of the audit. 9. This Agreement is subject to termination by either party upon thirty (30) days prior written notice. Such termination shall operate prospectively and shall not release any party of obligations incurred during the effective term of this Agreement. 10. This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings oral or written, with reference to the subject matter hereof, that are not merged herein and superseded hereby. No alteration, change or modification of the terms of this Agreement shall be valid unless made in writing and signed by each party hereto. • IN WITNESS WHEREOF, the parties hereto set their hands and seals the day and year first above written WITNESS: _ CITY/TO /VILLAGE OF r. i /k/e...7zce.L /C),a:6 By: Vi Ct r/Mayor CIlltikrt) Attest: :k'1 As t ethe City/Town Village r METROPOL •:4 I 'i OUNTY WITNESS: tea• • t. County Manager (•,1/4 o Aof So R 0 se ATTEST: - 1p, ►� COU Z As to the County ► ut Clerk :V y witty .9 • ••. *x •,• . Approved by County Attorney as to FORM APPROVED form and legal sufficiencyLEGAL DEPT. • • By1 ;.1 ‘t4fUT../ yc Date ler/- 5/al �o • • • •a1 ORIGINAL RESOLUTION NO. 89-19783 Authorizing the Mayor and City Clerk to execute an agreement with Metropolitan Dade County for the administration of the Dade County Road Impact Fee Ordinance (No. 88-112) for new construction within the City of Miami Beach; rescinding Resolution No. 89-19620.