HomeMy WebLinkAboutSEOPW-CRA-R-95-0001a
aw
SCRA-95-4
7/13/95
RESOLUTION NO.
A RESOLUTION OF THE SOUTHEAST OVERTOWN/PARK WEST
("SEOPW") COMMUNITY REDEVELOPMENT AGENCY ("CRA")
DIRECTING CRUZ DEVELOPMENT COMPANY TO SUBMIT A
DEVELOPMENT PLAN AND TIMETABLE TO THE BOARD OF
DIRECTORS OF SEOPW CRA WITHIN NINETY (90) DAYS FOR THE
DEVELOPMENT OF AT LEAST ONE OF THE TWO REMAINING
PARCELS OF LAND LOCATED IN SEOPW IN ACCORDANCE WITH
RESOLUTION NO. 85-393, ADOPTED APRIL 11, 1985.
WHEREAS, pursuant to Resolution No. 85-393, adopted April 11, 1985, the
City Commission accepted the recommendation of the City Manager to select Cruz
Development Company ("Cruz") as the developer of parcels 24, 25 and 36 of the
Southeast Overtown/Park West Redevelopment Project, Phase I; and
WHEREAS, parcel 24 has been developed and it is now incumbent upon Cruz
to develop the remaining two parcels in accordance with said Resolution; and
WHEREAS, the Board of Directors of SEOPW CRA desires to establish a
90-day time certain for Cruz to submit a development plan for at least one of
the remaining parcels;
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 hereby adopted by reference thereto and incorporated herein as
if fully set forth in this Section.
Section 2. The Southeast Overtown/Park West ("SEOPW") Community
Redevelopment Agency ("CRA") hereby directs Cruz Development Company to submit
SFOPW/C" 9 5 - 1
a development plan and timetable to the Board of Directors of SEOPW CPA within
ninety (90) days for the development of at least one of the two remaining
parcels of land located in SEOPW in accordance with Resolution No. 85-393.
Section 3. This Resolution shall become effective immediately upon its
adoption.
PASSED AND ADOPTED this 13th day of July, 1995.
/y, a � b Gam "
MILLER J. DAWKINS, CHAIRPERSON
ATTEST:
4WALTER J. 0
CITY CLE
PREPARED AND APPROVED BY:
D-
LINDA K. KEARSON
ASSISTANT CITY ATTORNEY
APPROVED AS TO -FORM AND CORRECTNESS:
CITY(Ar
W266:cs
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�5 - 1
I J-95-328
4/27/95
ORDINANCE NO.
AN EMERGENCY ORDINANCE AMENDING THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
ADDING A NEW CHAPTER ENTITLED: "SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT DISTRICT AND
COMMUNITY REDEVELOPMENT AGENCY" INCLUDING
THEREIN SECTIONS ENTITLED: "DEFINITIONS,"
"BOUNDARIES DESIGNATED," "DISPOSAL OF
PROPERTY IN COMMUNITY REDEVELOPMENT
DISTRICT," "PROPERTY EXEMPT FROM TAXES AND
FROM LEVY AND SALE BY VIRTUE OF AN
EXECUTION," "SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY CREATED,"
"GOVERNING BODY AS THE BOARD OF DIRECTORS OF
THE COMMUNITY REDEVELOPMENT AGENCY,"
"MEETINGS, RULES AND REGULATIONS," "POWERS
AND DUTIES," "EMPLOYEES GENERALLY," "ANNUAL
BUDGET;" "SOURCE OF FUNDS," "AGENCY SOLELY
LIABLE FOR OBLIGATION," AND "ANNUAL REPORT
AND AUDIT;" CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; PROVIDING FOR AN
! EFFECTIVE DATE; AND PROVIDING FOR INCLUSION
I IN THE CODE.
WHEREAS, the City of Miami, pursuant to
Resolution
Nos. 82-755 and 85-1247 and Metropolitan Dade County ("County),
pursuant to Resolution Nos. 1677-82 and 96-85, approved the
Southeast Overtown/Park West Community Redevelopment Plan
(hereinafter referred to as the "Plan"); and
WHEREAS, in accordance with the provisions of Chapter 163,
Part III, Florida Statutes, the County, pursuant to Resolution
No. 1677-82, established the Southeast Overtown/Park West
Redevelopment District (hereinafter referred to as the
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"District") as a separate community redevelopment district for
tax increment financing purposes; and
WHEREAS, the County, pursuant to Ordinance No. 82-115,
established and created in accordance with the provisions of
Section 163.387, Florida Statutes, a Redevelopment Trust Fund
(hereinafter referred to as the "Fund") and has authorized
allocation of monies from such Fund; and
WHEREAS, the City and the County entered into an Interlocal
Cooperation Agreement, dated as of March 31, 1983, as amended
(hereinafter referred to as the "Agreement"), which provided for
the exercise of redevelopment powers by the City for the
District, the implementation of the Plan, the delegation by the
County to the City Commission to act as the community
redevelopment agency (hereinafter the "CRA'I) for the District,
and the use of tax increment financing to pay the costs of the
implementation of the Plan; and
WHEREAS, pursuant to and in accordance with the Agreement
and the delegation of powers therein, the City proceeded to
exercise such redevelopment powers by acquiring property for
redevelopment purposes and causing the development of certain
multi -family residential facilities, commercial developments,
public improvements and various other improvements in the
District in furtherance of the Plan; and
WHEREAS, it is the intent of the City Commission to make the
most efficient use of its powers, resources, authority and
capabilities as the CRA by amending the Code of the City of
Miami, as amended, as hereinafter set forth;
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y
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Ordinance are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The Code of the City of Miami, Florida, as
i amended, is hereby amended by adding the following new Chapter:
"CHAPTER
SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT
DISTRICT/COMMUNITY REDEVELOPMENT AGENCY
! ARTICLE I.
I
SOUTHEAST OVERTOWN/PARK NEST REDEVELOPMENT DISTRICT
i
Sec. 1. Definitions
For the purposes of this article, the following
words and phrases shall have the meanings respectively
ascribed to them by this section:
Agency or community redevelopment agency. The body
corporate created pursuant to the provisions of
Section 163.01 and Part III, Chapter 163, Florida
Statutes; Chapter 166, Florida Statutes; the
Metropolitan Dade County Charter, the Charter of the
City of Miami, Florida; and other applicable provisions
of law.
Area of operation. - The area within the corporate
limits of the City.
Board. - The governing body of the agency selected as
herein provided.
Director. - The chief executive officer of the agency
selected by the board as herein provided.
Governing body. - The Commission of the City.
Real property. - All lands, including improvements and
fixtures thereon, and property of any nature
appurtenant thereto or used in connection therewith and
every estate, interest, right, and use legal or
equitable, therein, including but not limited to terms
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for years and liens by way of judgment, mortgage, or
otherwise.
Public body or taxing authority. - The State of
Florida, Metropolitan Dade County, the City of Miami,
an authority, special district as defined in Section
165.031(5), Florida Statutes, or other public body of
the State, except a school district.
Slum area. - An area in which there is a predominance
of buildings or improvements, whether residential or
nonresidential, which by reason of dilapidation,
deterioration, age, or obsolescence; inadequate
provision for ventilation, light, air, sanitation, or
open spaces; high density of population and
overcrowding; the existence of conditions which
endanger life or property by fire or other causes; or
j any combination of such factors is conducive to ill
health, transmission of disease, infant mortality,
juvenile delinquency, or crime and is detrimental to
the public health, safety, morals, or welfare.
Bliahted area. - Either:
(a) An area in which there are a substantial
number of slum, deteriorated, or deteriorating
structures and conditions which endanger life or
property by fire or other causes or one or more of the
following factors which substantially impairs or
arrests the sound growth of a county or municipality
and is a menace to the public health, safety, morals,
or welfare in its present condition and use:
(1) Predominance of defective or inadequate
street layout;
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(2) Faulty lot layout in relation to size,
adequacy, accessibility, or usefulness;
(3) Unsanitary or unsafe conditions;
(4) Deterioration of site or other
improvements;
(5) Tax or special assessment delinquency
exceeding the fair value of the land; and
(6) Diversity of ownership or defective or
unusual conditions of title which prevent the free
alienability of land within the deteriorated or
hazardous area; or
(b) An area in which there exists faulty or
inadequate street layout; inadequate parking
facilities; or roadways, bridges, or public
transportation facilities incapable of handling the
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volume of traffic flow into or through the area, either
at present or following proposed construction.
Community redevelopment plan. - The Southeast
Overtown/Park West Community Redevelopment Plans,
amended, dated December 1982.
Sec. 2. Boundaries designated.
The Southeast Overtown/Park West Redevelopment
District ("District") shall encompass the area
generally bounded by Biscayne Boulevard on the East;
I-95 on the West; I-395 on the North; and Northwest 5th
Street on the South. The district shall be under the
jurisdiction and control of the agency.
Sec. 3. Disposal of property in community
redevelopment district.
(1) The Community Redevelopment Agency may sell,
lease, dispose of, or otherwise transfer real property
or any interest therein acquired by it for community
redevelopment in the community redevelopment area to
any private person, or may retain such property for
public use, and may enter into contracts with respect
thereto for residential, recreational, commercial,
industrial, educational, or other uses, in accordance
with the community redevelopment plan, subject to such
covenants, conditions, and restrictions, including
covenants running with the land, as it deems necessary
or desirable to assist in preventing the development or
spread of future slums or blighted areas or to
otherwise carry out the purposes of this part.
However, such sale, lease, other transfer, or
retention, and any agreement relating thereto, may be
made only after the approval of the community
redevelopment plan by the governing body. The
purchasers or lessees and their successors and assigns
shall be obligated to devote such real property only to
the uses specified in the community redevelopment plan
and may be obligated to comply with such other
requirements as the community redevelopment agency may
determine to be in the public interest, including the
obligation to begin any improvements on such real
property required by the community redevelopment plan
within a reasonable time.
(2) Such real property or interest shall be sold,
leased, otherwise transferred, or retained at a value
determined to be in the public interest for uses in
accordance with the community redevelopment plan and in
accordance with such reasonable disposal procedures as
the community redevelopment agency may prescribe. In
determining the value of real property as being in the
public interest for uses in accordance with the
community redevelopment plan the community
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redevelopment agency shall take into account and give
consideration to the long-term losses or costs in the
disposal of such real property; the uses provided in
such plan; the restrictions upon, and the covenants,
conditions, and obligations assumed by the purchaser or
lessee or by the community redevelopment agency
retaining the property; and the objectives of such plan
for the prevention of the recurrence of slum or
blighted areas. In the event the value of such real
property being disposed of is for less than the fair
value, such disposition shall require the approval of
the governing body, which approval may only be given
following a duly noticed public hearing. The community
redevelopment agency may provide in any instrument of
conveyance to a private purchaser or lessee that such
purchaser or lessee is without power to sell, lease, or
otherwise transfer the real property without the prior
written consent of community redevelopment agency until
he has completed the construction of any or all
improvements which he has obligated himself to
construct thereon. Real property acquired by the
county, municipality, or community redevelopment agency
which, in accordance with the provisions of the
community redevelopment plan, is to be transferred
shall be transferred as rapidly as feasible in the
public interest, consistent with the carrying out of
the provisions of the community redevelopment plan.
Any contract for such transfer and the community
redevelopment plan, or such part or parts of such
contract or plan as the community redevelopment agency
may determine, may be recorded in the land records of
the clerk of the circuit court in such manner as to
afford actual or constructive notice thereof.
(3) Prior to disposition of any real property or
interest therein in the community redevelopment
district, the community redevelopment agency shall give
public notice of such disposition by publication in a
newspaper having a general circulation in the
community, at least 30 days prior to the execution of
any contract to sell, lease, or otherwise transfer real
property and, prior to the delivery of any instrument
of conveyance with respect thereto under the provisions
of this section, invite proposals from and make all
pertinent information available to, private
redevelopers or any persons interested in undertaking
to redevelop or rehabilitate the community
redevelopment district or any part thereof. Such
notice shall identify the area or portion thereof and
shall state that proposals must be made by those
interested within 30 days after the date of publication
of the notice and that such further information as is
available may be obtained at such office as is
designated in the notice. The community redevelopment
agency shall consider all such redevelopment or
rehabilitation proposals and the financial and legal
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ability of the persons making such proposals to carry
them out; and the community redevelopment agency may
negotiate with any persons for proposals for the
purchase, lease, or other transfer of any real property
acquired by it in the community redevelopment district.
The community redevelopment agency may accept such
proposal as it deems to be in the public interest and
in furtherance of the purposes of this part; however, a
notification of intention to accept such proposal must
be filed with the governing body not less than 30 days
prior to any such acceptance. Thereafter, the
community redevelopment agency may execute such
contract in accordance with the provisions of
subsection (1) and deliver deeds, leases, and other
instruments and take all steps necessary to effectuate
such contract.
(4) The community redevelopment agency may
temporarily operate and maintain real property acquired
by it in the community redevelopment district for or in
connection with a community redevelopment plan pending
the disposition of the property as authorized in this
part, without regard to the provisions of subsection
(1), for such uses and purposes as may be deemed
desirable even though not in conformity with the
community redevelopment plan.
(5) If any conflict exists between the provisions
of this section and Section 159.61, Florida Statutes
the provisions of this section govern and supersede
those of Section 159.61, Florida Statutes.
Sec. 4. Property exempt from taxes and from levy and
sale by virtue of an execution.
(1) All property of the community redevelopment
agency, including funds, owned or held by it for the
purposes of this part are exempt from levy and sale by
virtue of an execution; and no execution or other
judicial process may be issued against the same, nor
shall judgment against the community redevelopment
agency be a charge or lien upon such property.
However, the provisions of this section do not apply to
or limit the right of obligees to pursue any remedies
for the enforcement of any pledge or lien given
pursuant to this part by the county or municipality on
its rents, fees, grants, or revenues from community
redevelopment.
(2) The property of the community redevelopment
agency acquired or held for the purposes of this part
is declared to be public property, used for essential
public and governmental purposes, and such property is
exempt from all taxes of the municipality, the county,
or the state or any political subdivision thereof.
However, such tax exemption will terminate when the
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community redevelopment agency sells, leases, or
otherwise disposes of such property in a community
redevelopment area to a purchaser or lessee which is
not a public body entitled to a tax exemption with
respect to such property.
ARTICLE II.
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT
AGENCY.
Sec. 5. Southeast Overtown/Park West Community
Redevelopment Agency created.
Pursuant to Section 163.01 and Part III, Chapter
163, Florida Statutes, Chapter 166, Florida Statutes;
the Metropolitan Dade County Charter, the Charter of
the City of Miami, Florida; and other applicable
provisions of law, there is hereby created the
Southeast Overtown/Park West Community Redevelopment
Agency of the City, which agency shall be a body
corporate with the power to sue and be sued in all
courts of the State and shall have its own corporate
seal.
Sec. 6. Governing body as the Board of Directors of
the community redevelopment agency.
(1)(a) The governing body of the city hereby
declares itself to be the Board of Directors ("Board")
of the community redevelopment agency with all the
rights, powers, duties, privileges, and immunities
vested in a community redevelopment agency, subject to
all responsibilities and liabilities imposed or
incurred.
(b) The Board shall constitute the head of a
legal entity, separate, distinct, and independent from
the governing body of the City.
Sec. 7. Meetings; rules and regulations.
The Board shall adopt and promulgate rules
governing its procedures and shall hold regular
meetings no less than once each month, with the
exception of the month of August. Special meetings may
be held when called in the manner provided in the rules
of the Board. All meetings of the Board shall be open
to the public. Each member of the Board shall serve
without compensation.
Sec. S. Powers and duties.
(a) The Board, subject to the provisions of this
article and subject to other applicable provisions of
law, shall exercise supervisory control over the
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activities of the director and the staff of the
Southeast Overtown/Park West Community Redevelopment
Agency in carrying out the functions authorized by this
article.
(b) It shall be the duty of the Board, and it
shall have the power, to do the following:
(1) Appoint a director and other staff
members who shall be employed upon the
recommendation of the director; prescribe their
duties; and fix their compensation, which shall be
paid from funds available to the agency.
(2) The agency shall have all the powers
necessary or convenient to carry out and
effectuate the purposes and provisions of this
part, including the following powers in addition
to others herein granted:
(a) To make and execute contracts and
other instruments necessary or convenient to
the exercise of its powers under this part;
(b) To disseminate slum clearance and
community redevelopment information;
(c) To undertake and carry out
community redevelopment and related
activities within the community redevelopment
district, which redevelopment may include:
(1) Acquisition of a slum area or
a blighted area or portion thereof.
(2) Demolition and removal of
buildings and improvements.
(3) Installation, construction, or
reconstruction of streets, utilities,
parks, playgrounds, public areas of
major hotels that are constructed in
support of convention centers, including
meeting rooms, banquet facilities,
parking garages, lobbies, and
passageways, and other improvements
necessary for carrying out in the
community, redevelopment district the
community redevelopment objectives of
this part in accordance with the
community redevelopment plan.
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(4) Disposition of any property
acquired in the community redevelopment
district at its fair value for uses in
accordance with the community
redevelopment plan.
(5) Carrying out plans for a
program of voluntary or compulsory
repair and rehabilitation of buildings
or other improvements in accordance with
the community redevelopment plan.
(6) Acquisition of real property
in the community redevelopment district
which, under the community redevelopment
plan, is to be repaired or rehabilitated
for dwelling use or related facilities,
repair or rehabilitation of the
structures for guidance purposes, and
resale of the property.
(7) Acquisition of any other real
property in the community redevelopment
district when necessary to eliminate
unhealthy, unsanitary, or unsafe
conditions; lessen density; eliminate
obsolete or other uses detrimental to
the public welfare; or otherwise to
remove or prevent the spread of blight
or deterioration or to provide land for
needed public facilities.
(8) Acquisition, without regard to
any requirement that the area be a slum
or blighted area, of air rights in an
area consisting principally of land in
highways, railway or subway tracks,
bridge or tunnel entrances, or other
similar facilities which have a
blighting influence on the surrounding
area and over which air rights sites are
to be developed for the elimination of
such blighting influences and for the
provision of housing (and related
facilities and uses) designed
specifically for, and limited to,
families and individuals of low or
moderate income.
(9) Construction of foundations
and platforms necessary for the
provision of air rights site of housing
(and related facilities and uses)
designed specifically for, and limited
to, families and individuals of low or
moderate income.
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(c) To provide, or to arrange or contract for,
the furnishing or repair by any person or agency,
public or private, of services, privileges, works,
streets, roads, public utilities, or other
facilities for or in connection with a community
redevelopment; to install, construct, and
reconstruct streets, utilities, parks,
playgrounds, and other public improvements; and to
agree to any conditions that it deems reasonable
and appropriate which are attached to federal
financial assistance and imposed pursuant to
federal law relating to the determination of
prevailing salaries or wages or compliance with
labor standards, in the undertaking or carrying
out of a community redevelopment and related
activities, and to include in any contract let in
connection with such redevelopment and related
activities provisions to fulfill such of the
conditions as it deems reasonable and appropriate.
(d) Within the community redevelopment district:
(1) To enter into the building or property
in any community redevelopment district in order
to make inspections, surveys, appraisals,
soundings, or test borings and to obtain an order
for this purpose from a court of competent
jurisdiction in the event entry is denied or
resisted.
(2) To acquire by purchase, lease, option,
gift, grant, bequest, devise, or otherwise any
real property (or personal property for its
administrative purposes), together with any
improvements thereon.
( 3 ) To hold, improve, clear, or prepare for
redevelopment any such property.
(4) To mortgage, pledge, hypothecate, or
otherwise encumber or dispose of any real
property.
(5) To insure or provide for the insurance
of any real or personal property or against any
risks or hazards, including the power to pay
premiums on any such insurance.
(6) To enter into any contracts necessary to
effectuate the purposes of this part.
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(e) To invest any community redevelopment funds
held in reserves or sinking funds or any such funds not
required for immediate disbursement in property or
securities in which savings banks may legally invest
funds subject to their control and to redeem such bonds
as have been issued pursuant to Section 163.385 at the
redemption price established therein or to purchase
such bonds at less than redemption price, all such
bonds so redeemed or purchased to be canceled.
(f ) To borrow money and to apply for and accept
advances, loans, grants, contributions, and any other
form of financial assistance from the Federal
Government or the state, county, or other public body
or from any sources, public or private, for the
purposes of this part and to give such security as may
be required and to enter into and carry out contracts
or agreements in connection therewith; and to include
in any contract for financial assistance with the
Federal Government for or with respect to community
redevelopment and related activities such conditions
imposed pursuant to federal laws as deemed reasonable
and appropriate which are not inconsistent with the
purposes of this part.
(g) Within its area of operation, to make or have
made all surveys and plans necessary to the carrying
out of the purposes of this part; to contract with any
person, public or private, in making and carrying out
such plans; and to adopt or approve, modify, and amend
such plans, which plans may include, but are not
limited to:
(1) Plans for carrying out a program of
voluntary or compulsory repair and rehabilitation
of buildings and improvements.
(2) Plans for the enforcement of state and
local laws, codes, and regulations relating to the
use of and occupancy of buildings and improvements
and to the compulsory repair, rehabilitation,
demolition, or removal of buildings and
improvements.
(3) Appraisals, title searches, surveys,
studies, and other plans and work necessary to
prepare for the undertaking of community
redevelopment and related activities.
(h) To develop, test, and report methods and
techniques, and carry out demonstrations and other
activities, for the prevention and the elimination of
slums and urban blight and developing and demonstrating
new or improved means of providing housing for families
and persons of low income.
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(i) To apply for, accept, and utilize grants of
funds from the Federal Government for such purposes.
(j) To prepare plans for and assist in the
relocation of persons (including individuals, families,
business concerns, nonprofit organizations, and others)
displaced from the community redevelopment district and
to make relocation payments to or with respect to such
persons for moving expenses and losses of property for
which reimbursement or compensation is not otherwise
made, including the making of such payments financed by
the Federal Government.
(k) To appropriate such funds and make such
expenditures as are necessary to carry out the purposes
of this part.
(1) To close, vacate, plan, or replan streets,
roads, sidewalks, ways, or other places and to plan or
replan any part of the county or municipality.
(m) The following projects may not be paid for or
financed by tax increment revenues:
(a) construction or expansion of
administrative buildings for public bodies or
police and fire buildings, unless each taxing
authority agrees to such method of financing for
the construction or expansion.
(b) Installation, construction,
reconstruction, repair, or alteration of any
publicly owned capital improvements, or projects
which are not an integral part of or necessary for
carrying out the community redevelopment plan if
such projects or improvements are normally
financed by the governing body with user fees or
if such projects or improvements would be
installed, constructed, reconstructed, repaired,
or altered within 3 years of the approval of the
community redevelopment plan by the governing body
pursuant to a previously approved public capital
improvement or project schedule or plan of the
governing body which approved the community
redevelopment plan.
(c) General government operating expenses
unrelated to the planning an carrying out of a
community redevelopment plan.
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Sec. 9. Employees generally.
The Board shall employ and fix the compensation of
the following who shall serve at the pleasure of the
Board:
(1) Director. A director who shall act as the
chief executive officer of the agency. Subject to the
policy directives of the agency, the director shall
have general supervision over and be responsible for
the operation and maintenance of all agency properties,
activities, and facilities. The director shall attend
all meetings of the Board, shall furnish the Board with
such information or reports with respect to the
operation, maintenance and financial condition of the
agency as the Board may from time to time require. In
the event that the director shall for any reason be
temporarily incapable of exercising the powers and
performing the duties and functions of his office, the
deputy director of the agency as so designated by the
director shall perform as acting director and shall
exercise such powers and perform such functions and
director duties of the director until such incapacity
of the be terminated.
(2) Employment of Staff and Assistants. Subject
to the policy directives of the Board and budget
limitations, the director shall employ such clerical,
technical and professional assistants, including, but
not limited to engineering, planning, economic
research, and other fields, as are necessary to provide
for the efficient operation of the agency.
Sec. 10. Annual budget; source of funds.
No later than thirty (30) days prior to the date
the city commission establishes the mileage rate for
the city, the director shall prepare for the approval
of the Board a budget for the operation of the agency
for the ensuing fiscal year. The budget shall be
prepared in the same manner as required of all
departments of the city. When approved by the Board it
shall not require approval of any officer or body of
the city.
The operation of the agency shall be principally
financed from the following sources and such other
sources as may be approved by the Board:
(1) Donations to the agency for the performance
of its functions.
(2) Redevelopment revenue bonds.
(3) Income, proceeds, revenues and funds from the
redevelopment trust fund.
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(4) Grants and money borrowed and to be repaid
from other funds received by the authority of this
article which shall include state and federal funds.
(5) General public funds.
Sec. 11. Agency solely liable for obligations.
No obligation or liability of any kind or nature
whatsoever incurred by or asserted against the agency
shall in any manner whatsoever be an obligation or
liability of the city.
Sec. 12. Annual report audit.
The agency shall provide for an independent
financial audit of the trust fund each fiscal year and
a report of such audit. Such report shall describe the
amount and source of deposits into, and the amount and
purpose of withdrawals from the trust fund during such
fiscal year and the amount of principal and interest
paid during such year on any indebtedness to which is
pledged increment revenues and the remaining amount of
such indebtedness. The agency shall provide a copy of
the report to each taxing authority."
Section 3. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 4. If any section, part of section, paragraph,
clause, phrase, or word of this Ordinance is declared invalid,
the remaining provisions of this Ordinance shall not be affected.
i1248
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(4) Grants and money borrowed and to be repaid
from other funds received by the authority of this
article which shall include state and federal funds.
(5) General public funds.
Sec. 11. Agency solely liable for obligations.
No obligation or liability of any kind or nature
whatsoever incurred by or asserted against the agency
shall in any manner whatsoever be an obligation or
liability of the city.
Sec. 12. Annual report audit.
The agency shall provide for an independent
financial audit of the trust fund each fiscal year and
a report of such audit. Such report shall describe the
amount and source of deposits into, and the amount and
purpose of withdrawals from the trust fund during such
fiscal year and the amount of principal and interest
paid during such year on any indebtedness to which is
pledged increment revenues and the remaining amount of
such indebtedness. The agency shall provide a copy of
the report to each taxing authority."
Section 3. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 4. If any section, part of section, paragraph,
clause, phrase, or word of this Ordinance is declared invalid,
the remaining provisions of this Ordinance shall not be affected.
i1248
- 15 -
Section 5. It is the intention of the City Commission
that the provisions of this Ordinance shall become and be made a
part of the Code of the City of Miami, Florida, as amended, which
provisions may be renumbered or relettered and that the word
"ordinance" may be changed to "section", "article", or other
appropriate word to accomplish such intention.
Section 6. This Ordinance is hereby declared to be an
emergency measure on the grounds of urgent public need for the
preservation of peace, health, safety, and property of the City
of Miami.
Section 7. The requirement of reading this Ordinance on
two separate days is hereby dispensed with by an affirmative vote
of not less than four -fifths of the members of the Commission.
Section 8. This Ordinance shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 11th day of May 1995.
STE EN P. C K,4MAYOR
PREPARED AND APPROVED BY:
ALI
C�K - �A_IILLY'/REARO
14
ASSISTANT CITY ATTORNEY
LKK/pb/BSS:W003
APPROVED AS TO FORM AND
CORRECTNESS:
16 11248
a
I
J-95-342
4/5/95 9 5 .- 268
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENTS, DIRECTING THE
CITY MANAGER AND CITY ATTORNEY TO TAKE
WHATEVER STEPS ARE NECESSARY TO EFFECTUATE
THE TRANSFER OF ALL ASSETS OF THE CITY OF MIAMI,
FLORIDA (AS IDENTIFIED ON ATTACHMENT A)
LOCATED IN THE SOUTHEAST OVERTOWN/PARKWEST
COMMUNITY REDEVELOPMENT DISTRICT TO THE
SOUTHEAST OVERTOWN/PARKWEST COMMUNITY
REDEVELOPMENT AGENCY ("CRA"); FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE CRA, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, PROVIDING STAFF AND
FINANCIAL SUPPORT FOR THE CRA, SUBJECT TO
CERTAIN TERMS AND CONDITIONS.
WHEREAS, the City of Miami by Resolution No. 82-755 approved the Southeast -
Overtown/Parkwest Community Redevelopment Plan (herein referred to as the "Plan"); and
WHEREAS, in accordance with the provisions of Chapter 163, Florida Statutes,
Metropolitan Dade County ("County"), by Resolution No. 1677-82 established the Southeast
Overtown/Parkwest Redevelopment District (herein referred to as the "District") as a sep rat
community redevelopment district for tax increment financing purposes, and approved by the
Plan; and
WHEREAS, the County by Ordinance No. 82-115 established and created in accordance
with the provisions of Section 163.387, a Redevelopment Trust Fund (hereinafter referred to as
the "Fund") and has authorized allocation of monies from such fund; and
ATTACH (S)l
C N T A I N E D
CITY COMUSSION
MEETING OF
APP 2 7 i995
Resolution No.
95- 268
WHEREAS, the City and the County entered into an Interlocal Cooperation Agreement,
dated as of March 31, 1983, as amended (hereinafter referred to as the "Agreement") which
provided for the exercise of redevelopment powers by the City for the District, the
implementation of the Plan, the delegation by the County to the City Commission to act as the
community redevelopment agency (hereinafter the "CRA") for the District, and the use of tax
increment financing to pay the costs of the implementation of the Plan; and
WHEREAS, pursuant to and in accordance with the Agreement and the delegation of
powers therein, the City proceeded to exercise such redevelopment powers by acquiring property
for redevelopment purposes and causing the development of certain multi -family residential
facilities, commercial developments, public improvements and various other improvements in
the District in furtherance of the Plan; and -
WHEREAS, it is the intent of the City Commission to make the most efficient use of its
powers, resources, authority and capabilities as the CRA by amending the Code of the City of
Miami, as amended, as hereinafter set forth;
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
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The City Manager and the City Attorney are hereby directed to take whatever
steps are necessary to effectuate the transfer of all assets of the City of Miami, Florida (as
identified on Attachment A) in the Southeast Overtown/Parkwest Community Redevelopment
District to the Southeast Overtown/Parkwest Community Redevelopment Agency ("CRA")
within days of the effective date of this Resolution.
2
95- 268
Section 3. The City Manager is hereby authorized to enter into an agreement with the
CRA, in a form acceptable to the City Attorney,I providing staff and financial support for the
CRA, subject to the following terms and conditions;
A. The staff listed on Attachment B shall continue to accrue and receive benefits
as city employees, however they shall be under the supervisory control of the
CRA, notwithstanding the City Manager's authority, pursuant to the City Charter,
to remove said staff in both the classified and unclassified service.
B. Financial support to the CRA shall be in accordance with the budget attached
hereto as Attachment C and shall be provided to the CRA for a period not to
exceed three (3) years from the effective date of the agreement, or at a time the
CRA can become self-sufficient, whichever first occurs.
C. All assets transferred to the CRA shall revert back to the City upon the
dissolution of the CRA.
Section 4. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this 27th day of April , 1995.
STEPHEN P. CL , MAYOR
CITYCLERK
The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City
Charter and Code provisions.
3
95- 268
pEP
Ag,ED AND ppPR �D B� ,
LINpA K. KE clTY p T4gNsY
ASSIST AN
PpRM AND CO�CT�SS'
APPROVED AS TO
4
95_ 268
ATTACHKENT A
Bonds
General Obligation Housing Bond Fund- Issued: $25 million
- Used in the district: $13.1 million
Highway General Obligation Bond Fund: $2.1 million
Highway Bond Fund: $0.5 million
Community Redevelopment Revenue Bonds, Series 1990: $11.5 million
Loans
Florida East Coast Railway Loan: $1.7 million
HUD Section 108 T oans: $7.3 million
Leases
Miami Sports and Exhibition Authority and Decoma Miami Associates, Inc.
Bayview Apartments
Poinciana Village
Arena Towers
Off -Street Parking
Properties
Please refer to attachment
95- 268
ATTACHMENT A
SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT DISTRICT
CITY -OWNED PROPERTIES
FOLIO
ADDRESS
TOTAL VALUE
1
0101-040-1140
351 NW 10 ST
$54
2
0101-040-1150
349 NW 10 ST
$867
31
0101-040-1160
345 NW 10 ST
$4,660
4
0101-040-1170
335 NW 10 ST
$5,814
5
0101-040-1180
329 NW 10 ST
$2,907
6
0101-040-1190
325 NW 10 ST
$8,720
7
0101-040-1200
311 NW 10 ST
$6,000
8
0101-040-1230
1000 NW 3 AV
$14,250
9
0101-050-1060
240 NW 11 ST
$74.060
10
0101-060-1100
1025 NW 2 AV
$3,605
11
0102-050-1060
919 NW 2 AV
$915,151
12
0102-060-1030
250 NW 10 ST
$5,524
13
0102-060-1040
262 NW 10 ST
$5,275
14
0102-060-1050
276 NW 10 ST
$2,783
15
0102-060-1170
921 NW 2 CT
$2,511
16
0102-060-1180
916 NW 2 CT
$5,022
17
0102-060-1190
915 NW 3 AV
$84,148
181
0102-060-1270
901 NW 3 AV
$5,524
19
0103-050-1060
240 NW 9 ST
$127,500
20
0103-050-1120
269 NW 8 ST
$111,082
21
0103-050-1160
217 NW 8 ST
$139,797
22
0103-060-1160
820 NW 1 AV
$53,794
23
0103-060-1210
815 NW 2 AV
$46,350
24
0104-050-1010
152 NW 8 ST
$1,890,485
25
0104-060-1010
218 NW 8 ST
$996,435
26
0105-050-1120
249 NW 6 ST
$3,051,728
27
0105-060-1010
160 NW 7 ST
$2,340,485
281
3136-036-0070
1311 NW 2 CT
$43,794
291
3136-037-0020
1360 NW 3 AV
$65,541
30
3136-037-0030
1338 NW 3 AV
$91,387
31
3136-037-0040
308 NW 14 ST
$7,380
32
3136-037-0060
350 NW 14 ST
$16,915
33
3136-037-0070
380 NW 14 ST
$82,830
34
3136-037-0150
404 NW 14 ST
$16,917
35
3136-037-0540
1141 NW 3 AV
$11,268
36
3136-044-0010
1200 NW 3 AV
$5,742
37
3136-044-0020
1208 NW 3 AV
$20,880
38
3136-044-0040
1240 NW 3 AV
$9,933
39
3137-031-0090
119 NW 11 ST
$6,364
40
0101-070-1011
1042 N MIAMI AV
$422,750
41
0101-080-1011
70 NE 11 ST
$190,900
42
0101-090-1030
1034 NE 2 AV
$297,050
43
0102-000-1030
1037 NW 2 AV
$136,625
95- 268
FOLIO
ADDRESS
TOTAL VALUE
44
0102-040-1010
912 N MIAMI AV
$3,605,900
45
0103-070-1010
75 NW 8 ST
$3,376,280
46
0106-040-1080
50 NW 6 ST
$312,792
47
0107-070-1030
28 NW 5 ST
$214,970
481
0107-070-1040
40 NW 5 ST
$210,000
491
0107-070-1050
46 NW 5 ST
$214,900
50
0107-070-1060
52 NW 5 ST
$433,440
51
0107-070-1070
429 NW 1 AV
$172,500
52
0107-070-1080
425 NW 1 AV
$38,080
53
0107-070-1110
400 NW 1 AV
$308,900
541
0107-070-1120
69 NW 4 ST
$150,000
551
0107-070-1130
65 NW 4 ST
$231,675
56
0107-070-1140
35 NW 4 ST
$450,000
57
0107-090-1050
144 NE 5 ST
$2,456,218
58
0109-070-1020
20 NW 3 ST
$425,000
59
0109-070-1030
30 NW 3 ST
$376,000
60
0109-070-1031
40 NW 3 ST
$4,281,900
61
0110-060-1080
104 NW 1 AV
$1,071,000
62
3137-025-0010
50 NW 8 ST
$3,258,280
63
3137-025-0020
20 NW 7 ST
$737,900
641
3137-025-0030
90 NW 8 ST
$278,780
$33,935,322
95- 268
ATTACHMENT B
CITY OF MIAMI
SOUTHEAST OVERTOWNIPARK WEST REDEVELOPMENT AGENCY
ORGANIZATIONAL TABLE
POS.
OCC.
POSITION
NAME
NO.
CODE
TITLE
Salaries Unclassified/010:
3173
8064
Asst City Mgr
Bailey, H.
3539
8764
Fin Dev Coord
Joice, S.
3187
8082
Adm Asst I
Allen, C.
4373
8007
Exec Secretary
Perez, E
95- 268
ATTACHMENT C
CITY OF MIAMI
SOUTHEAST OVERTOWNIPARK WEST
SEOPW REDEVELOPMENT TRUST FUND
Annual Operating Budget
Fiscal Year 1994-95
REVENUES
City of Miami Contributions:
Tax Increment Funds
Guaranteed Entitlement Funds
Dade County Contributions:
Tax increment Funds
Section 108 Program Income:
Total Annual Revenue
EXPENSES
Annual Debt Service
Administrative Expenses
Excess over Revenues
$189,394
$300,000
$143,099
$51,752
$684, 245 _
$1,002,741
$45, 547
$364,043
FY 1993-94 Fund Balance* $1,718,391
YEAR END BALANCE $1;354348
Unaudited; includes reduction in Cash with Fiscal Agents.
*" Includes interim interest expenses for July and August 94 in the amount of $41,781.64.
95- 268
SEOPW
CITY OF MIAMI
SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AGENCY
FISCAL YEAR 1994-1995
OBJ
DESCRIPTION
FY '95
SEOPW
C.D.B.G.
HUD
PROJECTED
TRUST
452017
BUDGET
FUND
799610
EDI/108
Salaries & Wages:
010
Salaries/Unclass
174,179
-
174,179
-
001
Salaries/Class
-
-
-
012
Salaries /Part Time
Sub -Total
174,179
-
174,179
-
Fringe Benefits:
100
Fica Taxes
13,325
-
13,325
-
110
Rat Cont
31,352
31,352
-
130
Group Ins
12,400
12,400
-
150
Worker's Comp
5,225
5,225
-
Sub -Total
62,302
-
62,302
-
TOTAL PERSONNEL
236,481
-
236,481
-
Fixed Operating Expenses:
280
Professional Sery Accounting
15,000
15,000
-
-
287
Advertising
7,000
6,000
1,000
-
310
Court Cost & Fees
500
250
250
-
420
Travel & Per Diem
5,000
5,000
-
-
533
Postage
1,500
440
1,060
-
610
Rent Equipment
6,286
1,077
5,209
-
95- 268
Page 1
SEOPW
OBJ
DESCRIPTION
FY 195
SEOPW
C.D.B.G.
HUD
PROJECTED
TRUST
452017
BUDGET
FUND
799610
EDI/108
620
Rent Building
-
-
-
-
640
Insurance Expense
-
-
-
-
772
Property Maintenance
-
-
-
-
773
Print Shop
774
Comm Maintenance
-
-
-
-
778
Motor Pool
-
'
Sub -Total
35,286
27,767
7,519
-
Variable Operating Expenses:
220
Professional Sery Appraisal
10,000
-
-
10,000
230
Prof Sery Arch
-
-
-
-
250
Prof Sery Legal
25,000
-
-
25,000
270
Prof Sery Other
100,000
-
-
100,000
340
Contractual Services
4,000
4,000
-
-
475
Entertainment
-
-
-
510
Telephone
5,000
5,000
-
-
670
Repair & Maintenance
62,000
2,000
-
60,000
690
Promotional Activities
-
-
-
-
700
Office Supplies
3,000
-
3,000
-
722
Miscellaneous Supplies
3,000
-
3,000
-
760
Books, Pub & Memb
2,680
2,680
-
-
793
Ozalid Billings
-
-
-
-
795
Police Id
-
Sub -Total
214,680
13,680 6,000 195,000
Page 2
95- 268
SEOPW
OBJ
DESCRIPTION
FY '95
SEOPW
C.D.B.G.
HUD
PROJECTED
TRUST
452017
BUDGET
FUND
799610
EDI/108
Programmatic Expenses
Land Acquisition
250,000
250,000
Sub -Total
260,000
-
-
250,000
TOTAL OPERATING
499,966
41,447
13,519
445,000
Capital Outlay:
840
Equipment New
2,500
2,500
-
-
841
Office Furniture
500
500
-
-
880
Capital Leases
1,100
1,100
TOTAL CAPITAL OUTLAY
4,100
4,100
-
-
TOTAL
ADMINISTRATIVE
BUDGET
740,547
451547
250,000
445,000
95- 268
Page 3
JT/10.21.94
RESOLUTION NO. /94
Od
J. :h
....i ai
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE DOWNTOWN
DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA,
SUPPORTING THE CONCEPT OF AN INDEPENDENT OVERTOWN
REDEVELOPMENT AUTHORITY.
WHEREAS, the Board of Directors of the Downtown Development Authority
i
I. (DDA) supports the economic development of Downtown Miami and Its adjacent
neighborhoods; and
WHEREAS, the development and redevelopment of the Southeast
Overtown/Park West Area has been a ODA priority project from Its Inception; and
WHEREAS, a separate Independent authority to promote, market and
expedite redevelopment of the area would be beneficial to the area itself and the
overall economic development of the Downtown Area.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA:
Section 1: The Board of Directors of the Downtown Development Authority
supports, In concept the creation of an Independent redevelopment authority for
the Overtown Area, including Park West, of the City %I lvaml.
1
94- 778
:t.
PASSED AND ADOPTED this 021SI day of
Attest:
Alexanara
Executive
rs102194.1
£K}E1iF�y
Comm esioner Wifredo Cort
ChalrMan
i-o-septiX Tyborows i
4,� Acting Executive Dlr r
1994.
. 2 • ...
94- 778
el
haydee
1.
PUBLIC HEARING TO DISCUSS / PROVIDE UPDATE ON PROGRESS OF PRESENT
PLANS FOR THE PROPOSED CREATION OF AN INDEPENDENT OVERTOWN
REDEVELOPMENT AGENCY -- CITY COMMISSION SITS IN ITS CAPACITY AS THE
COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR THE SOUTHEAST OVERTOWN /
PARK WEST REDEVELOPMENT DISTRICT.
DISCUSSION
2/2/95
1-25
67.
INSTRUCT ADMINISTRATION TO PROCEED TO FULLY ACTIVATE THE PRESENTLY
EXISTING CITY OF MIAMI CRA (COMMUNITY REDEVELOPMENT AGENCY) FOR THE
SOUTHEAST OVERTOWN/PARK WEST AREA -- REQUEST CITY ATTORNEY TO
RESEARCH SAID ISSUE AND COME BACK BEFORE THE CITY COMMISSION TO FULLY
EXPLAIN CRA'S AUTHORITY -- DESIGNATE COMMISSIONER MILLER DAWKINS AS
THE CITY COMMISSION'S LIAISON TO MONITOR SAID ISSUE.
DISCUSSION
3/9/95
163-165
68.
MOCK ARREST OF MAYOR STEPHEN P. CLARK, COMMISSIONER VICTOR DE YURRE,
AND FORMER COMMISSIONER ROSARIO KENNEDY, IN CONNECTION WITH THE
MUSCULAR DYSTROPHY BENEFIT.
DISCUSSION
3/9/95
166
Report Title: haydee
Folder: 1995
Search KeyWord: southeast
Records Found: 2
Pages of Data: 1
Report Completed: Mon Jun 12, 1995 9:57 AM