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Home My WebLink AboutSEOPW-CRA-R-02-0066SEOPW/CRA ITEM 1 RESOLUTION NO. 0 2 6 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") ACKNOWLEDGING RECEIPT AND ACCEPTANCE OF THE LEGAL OPINION RENDERED BY THE CARDWELL LAW FIRM INTERPRETING EXISTING LAW PERTAINING TO THE LEGAL. AUTHORITY OF THE CRA TO UNDERTAKE CERTAIN TRANSACTIONS INVOLVING REAL PROPERTY LOCATED BOTH WITHIN .AND OUTSIDE THE BOUNDARIES OF THE REDEVELOPMENT AREA, TO ACHIEVE THE PHASE ONE PROGRAM OF THE REDEVELOPMENT PLAN OF THE CRA, PURSUANT TO SECTIONS 163.370(K) AND 163.380, FLORIDA STATUTES, AS AMENDED. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are incorporated herein as if fully set forth in this Section. Section 2. The Board of Directors acknowledges receipt and acceptance of the legal opinion rendered by the Caldwell Law Firm interpreting existing law pertaining to the legal authority of the CRA to undertake certain transactions involving real property located both within and outside the boundaries of the redevelopment area, to achieve the Phase One Program of the 62- 66 Redevelopment Plan of the CRA, pursuant to Sections 163.370(k) and 163.380, Florida Statutes, as amended. Section 3. The Resolution shall be effective upon its adoption. PASSED AND ADOPTED on this 25th day of April, 2002. ARTHUR E. TEELE, JR., CHAIRMAN ATTEST: PRISCILLA A. THOMPSON CITY CLERK APPROVED 2jr TO F M AND CORRECTNESS: E VILARELLO Y TORNEY OPW/CRA R-02-66:kdw:ELF SE®PW/CRA Page 2 of 2 0 - 6 REVISED — April 23, 2002 ITEM 1 RESOLUTION NO. SEOPW/CRA 02- 66 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARKWEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY ("CRA") WITH ATTACHMENTS, ACCEPTING THE LEGAL OPINION REGARDING THE POWER OF THE SOUTHEAST OVERTOWN/PARKWEST CRA TO ENTER INTO CERTAIN TRANSACTIONS INVOLVING REAL PROPERTY WITHIN THE REDEVELOPMENT AREA TO ACHIEVE THE PHASE I PROGRAM OF THE REDEVELOPMENT PLAN OF THE CRA, OR OUTSIDE THE REDEVELOPMENT AREA PURSUANT TO FLORIDA STATUTES § 163.370(K) AND § 163.380 AS APPLICABLE. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are incorporated herein as if fully set forth in this Section. Section 2. The Board of Directors of CRA hereby accept the legal opinion regarding the power of the Southeast Overtown/Parkwest CRA to enter into certain transactions involving real property within the redevelopment area to achieve the Phase I Program of the redevelopment plan of the CRA, or outside the Redevelopment Area pursuant to Florida Statutes § 163.370(k) and § 163.380 as applicable.. Section 3. This resolution shall be effective immediately upon its adoption. PASSED AND ADOPTED on this 25`h day of April, 2002. Arthur E. Teele, Jr., Chairman ATTEST: Priscilla A. Thompson, Clerk of the Board APPROVED AS TO FORM AND CORRECTNESS: Alejandro Vilarello, General Counsel SEOPW/CRA Q2- 66 Special CRA Agenda — April 25, 2002 — City Hall (City Chambers) EXHIBIT A ozopwx" 02- 66 Annette Lewis Page 1 of 3 Arscott, Chelsa From: David Cardwell [dcardwell@cfl.rr.com] Sent: Thursday, November 08, 2001 4:40 PM To: Teele, Arthur Cc: Lewis, Annette Subject: Legal Opinion Here is the legal opinion you requested. I am also faxing it and mailing it to you. David Cardwell November 8, 2001 Arthur Teele Chair Miami Community Redevelopment Agency 300 Biscayne Boulevard Way Suite 430 Miami, FL 33131 Re: Legal Opinion; Camillus House Dear Chair Teele: This is in response to your request for a legal opinion addressing the question whether the Miami Community Redevelopment Agency (the "CRA") may expend funds from the CRA's community redevelopment trust fund to acquire land outside of the community redevelopment area for the CRA for purpose of relocating blighting influences from within the area. Based on the discussion set forth below, it is my opinion that the CRA may use funds in the redevelopment trust fund to acquire property outside of the redevelopment area for purposes of relocation of blighting influences within the area if the community redevelopment plan for the area addresses the use of such funds for the purpose of acquiring property. This conclusion assumes the City of Miami and the CRA have been delegated by Miami - Dade County the power to make such an acquisition and expend tax increment funds in this matter. Facts The Southeast Overtown Park West redevelopment area ("SEOPW Area") is one community redevelopment area within the area of operation for the CRA to carry out redevelopment within the City of Miami. The plan for the SEOPW Area was approved by the City Commission of the City of Miami, Florida, by its adoption of Resolution No. 82-755 and Resolution No. 85-1247. The CRA desires to use funds from the community redevelopment trust fund to fund the relocation of Camillus House from within the CRA's area of operation to outside the community I'EOPW/C" 4/21 /2002 0 2 -• 66 Annette Lewis Page 2 of 3 redevelopment area. The CRA has determined that the Camillus House is a significant blighting influence on the area and that the successful redevelopment of the Area will require the removal of the Camillus House from the Area. The City of Miami is located within a charter county, Miami -Dade (the "County"), and therefore must have a delegation of redevelopment powers from the CountyElI. The County has given such a delegation of powers to the City, which has then created the CRA pursuant to those powers. For purposes of this opinion, the delegation of redevelopment powers by the County to the City and then to the CRA are assumed to have been completely and legally accomplished and that the CRA does, for purposes of such charter county delegation, have the power to carry out the redevelopment plan for the Area. Analysis A community redevelopment agency such as the CRA may acquire property within the community redevelopment area for the purpose of eradicating slum or blighted conditions and furthering the goals and objectives of the agency's community redevelopment plan.E21 An agency may also relocate persons or business from within a community redevelopment area to outside the area if necessary to implement the redevelopment plan and eradicate blight conditions or prevent the spread of blight conditions.E33 The applicable statutory provision addressing relocation reads as follows: (k) To prepare plans for and assist in the relocation of persons (including individuals, families, business concerns, nonprofit organizations, and others) displaced from a_ community_redev_elopment _area 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 .... (e.s.). If the person is being "displaced from [the] community redevelopment area," then the relocation payments obviously are being made for the acquisition of property or costs incurred outside of the community redevelopment area. A community redevelopment agency has funds available to it that are deposited in the community redevelopment trust fund as provided by the Community Redevelopment Act. E41 Such funds may be "used by the agency to finance or refinance any community redevelopment it undertakes pursuant to the community redevelopment plan."E51 "Community redevelopment" is defined as follows: "Community redevelopment" ... means undertakings, activities, or projects of a . . . community redevelopment agency in a community redevelopment area for the elimination and prevention of the development or spread of slums and blight, or for the 4/21 /2002 SEOPW/CRA 02- 66 Annette Lewis Page 3 of 3 reduction or prevention of crime, or for the provision of affordable housing, whether for rent or for sale, to residents of low or moderate income, including the elderly, and may include slum clearance and redevelopment in a community redevelopment area or rehabilitation and revitalization of coastal resort and tourist areas that are deteriorating and economically distressed, or rehabilitation or conservation in a community redevelopment area, or any combination or part thereof, in accordance with a community redevelopment plan and may include the preparation of such a plan.161 The relocation of persons or businesses from within the community redevelopment area to outside the area to eradicate blight or to stop the spread of blight constitutes "community redevelopment" and can be paid with funds in the community redevelopment trust fund provided the agency's community redevelopment plan provides for such actions either generally or specifically.[7] Please contact me at your convenience if you have any questions or need additional information concerning the opinion set forth herein. Very truly yours, THE CARDWELL LAW FIRM By: --- --- David E. Cardwell DEC\dc cc: Annette E. Lewis i>a Section 163.410, Florida Statutes 11 Section 163.370(1)(b), Florida Statutes Ll Section 163.370(1)(k), Florida Statutes L43 Section 163.387, Florida Statutes N Section 163.387(1), Florida Statutes U Section 163.340(9), Florida Statutes Ll See AGO 81-02 (January 20, 1981), which concluded a city could acquire houses outside of the community redevelopment area and move them into the area. SEOPW/CRAB 02- 66 4/21 /2002