Resolution 099-1990
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RESOLUTION 099_ 1990
A RESOLUTION OF THE BOARD OF COIJNTY
COMMISSIONERS OF MONROE COUNTY. FLORIDA
AUTHORIZINC';' AN AGREEMENT BETWEEN THE
COUNTY AND DEPARTMENT OF GENERAL
SERVICES TO ACT AS AGENT FOR THE COUNTY
WITH REGARD TO DESIGN. BIDDL'\IG AND
CONSTRUCTION OF THE REGIONAL SERVICE
CENTER
WHEREAS. Monroe County is a local government located within the Big
Cypress Area of Critical State Concern. Section 380.055. Florida Stat.utes
(F. S.). (1987); and within the Florida Keys Area of Critical State
Concern, Section 380.0552. F.S. (1987); and
WHEREAS, the Department of General Services is an agency of the
State of Florida with building construction permitting authority over st.ate
agencies pursuant to Section 255.25 (I), F. S. (1987); and
WHEREAS. it is in the best interests of the County to enter into an
agreement between themselves and the Department of General Services as
their agent (the Agreement for Services) now t.herefore
BE IT RESOLVED BY THE BOARD OF COUNTY CO:tVIMISSIONERS OF
MONROE COUNTY, FLORIDA that
Section 1
It is in the best interest of the County to enter into an agreement
with the Depari:ment of General Services to become our agent with regard
to the design, bidding and construction of the Regional Service Center;
and
Section 2
That the Mayor is hereby authorized to execute that Agency
Agreement on behalf of the County and this Board of Commissioners: and
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida. at
24 th day of January
a regular meeting of said Board Ii eld
, A. D ., 1990.
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on the
Mayor
ATTESTPANNY L. KOLHAGE, Clerk
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AGREEMENT BETWEEN MONROE COUNTY,
DEPARTMENT OF GENERAL SERVICES,
AND DEPARTMENT OF COMMUNITY AFFAIRS
This agreement is entered into between the Board of County
commissioners of Monroe County, Florida, the state of Florida,
Department of General Services, and the state of Florida,
Department of Community Affairs, as follows:
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WHEREAS, Monroe County is a local government located within
the Big Cypress Area of Critical State Concern, Section 380.055,
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Florida Statutes (1987), and within the Florida Keys Area of
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Critical State Concern, Section 380.0552, Florida Statutes (1987);
and
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WHEREAS, the Department of General Services is an agency of
the State of Florida with building construction permitting
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authority over state agencies pursuant to Section 255.25(1),
Florida Statutes, (1987), which has adopted a building code as
required by Chapter 553, Part VI, Florida Statutes, (1987); and
WHEREAS, the Department of Community Affairs is the state land
planning agency with the power and duty to exercise general
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supervision of the administration and enforcement of Chapter 380,
Florida Statutes, and all rules and regulations promulgated
thereunder; and
WHEREAS, Monroe County has adopted certain land development
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regulations which are in compliance with the Principles for Guiding
Developm~nt and which have been approved by the Department of
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~ommunity Affairs and the Administration Commission of the state
of Florida in Rules 9J-14, 28-20, and 28-25, F.A.C.; and
WHEREAS, the building code adopted by Monroe County is, not
part of the land development regulations approved by the Department
or the Administration commission; and
WHEREAS, Section 380.031(2), Florida Statutes (1987), defines
"developer" to mean, "any person, including a governmental agency
undertaking any development as defined in (Chapter 380);" and,
WHEREAS, section 380.05(16), Florida Statutes, provides that,
"No person shall undertake any development within any area of
critical state concern except in accordance with this chapter;"
and,
WHEREAS, the parties to this agreement wish to resolve any
disagreement which may arise concerning the application of Chapters
255, 380 and 553 to projects permitted by the Department of General
Services in Monroe County, Florida.
Now, therefore, the parties agree as follows:
1.
All structures or other development for which the
building construction permit is issued by the Department of General
Services or which are developed by the Department of General
Services within Monroe County shall comply with the land
development regulations of Monroe county, Florida.
2. The Department of General Services shall ensure that all
structures and other development constructed by the Department of
General S.rvices in Monroe County complies with the building code
adopted by the Department of General Services pursuant to Chapter
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553, Florida statutes.
Monroe County shall not have any
responsibility for compliance of structures or other development
for which the building construction permit has been issued by the
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Department of General Services with the Monroe County Building
Code.
3. The Department of General Services shall apply for a
Monroe County development permit for each structure or other
development that the Department of General Service proposes to
construct in Monroe County.
It shall be the responsibility of any
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other agency which applies to the Department of General Services
for a building construction permit for a structure or other
development in Monroe County to also apply to Monroe County for a
development permit for same.
If the proposed structure or other
development in fact complies with the Monroe County land
development regulations, Monroe County shall issue said development
permit.
4. This agreement shall not modify the right of any party
to appeal a development permit or development order to the Florida
Land and Water Adjudicatory Commission pursuant to Section 380.07,
Florida Statutes.
5. This agreement shall take effect on the date that the
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last signature is executed for this agreement.
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Ronald W. Thomas, Executive Director
Department of General Services
Koger Executive Center
2737 Centerview Drive
Knight Building, Suite 110
Tallahassee, Florida 32399-0950
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Date
Approved as to form and legality:
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DCA Attorney
Thomas G. Pelham, Secretary
Department of Community Affairs
2740 Centerview Drive
Tallahassee, Florida 32399-2100
Date
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Approved as to form and legality:
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January 24. 1990
Date
The Honorable John Stormont, Mayor
Monroe County Board of County
Commissioners
3180 Overseas Highway
Key West, Florida 33040
(SEAL)
ATTEST: ~ANNY L. KOLHAGE, CLERK
BY:
Deputy Clerk
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