HomeMy Public PortalAbout1991-01 Transfer from Metro Dade County of Building and Zoning Functionsmasoivriorr q ► -v 1
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE
VILLAGE OF KEY BISCAYNE APPROVING AGREEMENT
BETWEEN METROPOLITAN DADE COUNTY AND THE
VILLAGE OF KEY BISCAYNE PROVIDING FOR
TRANSITION IN THE TRANSFER OF BUILDING AND
ZONING FUNCTIONS.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE BOARD OF TRUSTEES OF
THE VILLAGE OF KEY BISCAYNE, FLORIDA THAT:
Section 1. The attached agreement between Metropolitan Dade
County and the Village of Key Biscayne providing for a transition in the
transfer of Building and Zoning functions is hereby approved and the Mayor
and Interim Village Clerk are hereby authorized, in their respective
capacities, to execute said agreement on behalf of the Village of Key
Biscayne.
Section 2. This resolution shall be effective immediately from
and after adoption hereof.
PASSED AND ADOPI'1 I) by a 64c I vote of the Board of Ttustees
this 14th day of October , 1991.
ATTEST:
INTERIM VILIAGE CLERK
APPROVED:
INTERIM VILLAGE ATTORNEY
AGREEMENT
entered into this day
Agreement 1544
of , 1991, by and between the Village of Key
Biscayne, a municipal corporation of the State of Florida,
hereinafter referred to as the "VILLAGE;" and Dade County, a
political subdivision of the State of Florida, hereinafter
referred to as the "COUNTY,"
WITNESSETH:
WHEREAS, the VILLAGE charter was approved by the
Citizens of Key Biscayne on June 18, 1991; and
WHEREAS, both the COUNTY and the VILLAGE are interested
in insuring that there be a smooth transition in the
transfer of building and zoning functions,
NOW THEREFORE, in consideration of the above and other
good and valuable consideration, the parties hereto agree as
follows:
A. SCOPE OF SERVICES
1. The COUNTY will, through the Building
and Zoning
Department, receive and process permit applications
for any new construction, alterations and improvements
on real property within the jurisdiction of the
VILLAGE, all in accordance with current practice for
the unincorporated area of Dade County . This will
include the issuance of all required subsidiary permits
such as electrical, plumbing, mechanical, roofing, gas,
etc. It will also include the performance of all
required inspections and the issuance of applicable
Certificates of Completion (CC's) and/or Certificates
of Occupancy (CO's).
2. The COUNTY will use current County forms for all permit
applications and related building and zoning services
provided for the VILLAGE.
3. All applications for permits to do work in the VILLAGE
shall be made at the COUNTY's Building and Zoning
Department offices. All requests for inspections shall
be made by calling the COUNTY's Building and Zoning
Department.
4. The VILLAGE shall review and process all permit
applications for zoning compliance and show zoning
approval by a stamp or mark with authorized signature
of the individual so approving on all copies of the
applications and plans. The VILLAGE shall take all
steps necessary to expedite such zoning compliance
approval on daily walk-through as well as drop-off
permit applications.
5. The COUNTY will maintain records in accordance with
current practice for the unincorporated area of Dade
County.
6. The COUNTY will provide the VILLAGE with a monthly
activity report of all services provided for the
VILLAGE.
7. , The COUNTY will process zoning applications in
accordance with current practice for the unincorporated
area of Dade County and submit factual background to
the VILLAGE. The VILLAGE will make the final
determination and so advise the COUNTY.
8. If requested by the VILLAGE, the COUNTY will provide
enforcement services, on a case by case basis,
concerning building code and zoning violations as well
as contracting and minimum housing violations. These
services will include the issuance of notices of
violation, citations and liens on property. The fees
for these services, if requested, will be in accordance
with Section B below.
B. FEES
The COUNTY and the VILLAGE agree that the County will
charge the applicant and other third parties fees for
Building and Zoning services as outlined in County
Administrative Order 4-63A, as amended. These fees
plus fees collected for other Dade County departments
will be retained by the COUNTY as compensation for
services performed. Code Enforcement activities will
be charged to the VILLAGE at the rate of $350.00 per
case and the COUNTY will retain any revenues from
permits, tickets or liens paid. Fees and
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administrative costs collected as a result of enforcement
-cases initiated under Chapter 17, 17A and 17B of the County
Code and Section 202 of the South Florida Building Code
(SFBC) will be retained by the COUNTY.
C. PENDING APPLICATIONS
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t
All Building and Zoning applications received prior to June
18, 1991 will be processed in accordance with standard
operating procedures in effect at the time of filing.
Notice will be given to the VILLAGE of all pending actions.
The VILLAGE may submit concerns and recommendations to the
COUNTY.
All building and zoning related applications filed after
June 18, 1991 and still pending on the effective date of
this Agreement will be processed in accordance with this
agreement.
D. INDEMNIFICATION AND HOLD HARMLESS
In connection with this Agreement the VILLAGE shall
indemnify and save harmless the COUNTY from any and all
claims, liability, 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
solely out of negligence by the COUNTY.
i
E. TAM
This agreement will be in effect from the date of its
execution and will continue until September 30, 1992 unless
..previously terminated.
F. TERMINATION
This contract may be terminated by either party upon 30 days
written notice. Notice must be directed to the Dade County
Manager and the Key Biscayne Village Mayor.
G. NO THIRD PARTY BENEFICIARIES
This contract is solely between the VILLAGE and the COUNTY
and will not create any third party beneficiary rights or
status.
IN WITNESS WHEREOF the parties have caused this Agreement to be
executed on their behalf as to the date first above written.
ATTEST:
BEATRIS M. ARGUELLES, INTERIM VILLAGE CLERK
ATTEST:
MARSHALL ADER, CLERK
VILLAGE OF KEY BISCAYNE,
A Municipal Corporation
By:
(SEAL)
DADE COUNTY, a political
subdivision of the State
of Florida
By: By this Board of County
Deputy Clerk Commissioners
By:
County Manager