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Home My WebLink AboutAgenda Item Cover PageG�w op ti <, AGENDA ITEM COVER PAGE File ID: #12102 4 Resolution Sponsored by: Mayor Francis Suarez, Commissioner Manolo Reyes A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THAT THE OPERATIVE DATE TO BEGIN IMPACT FEE COLLECTIONS AND THE DISTRIBUTION OF SAID FUNDS FOR THE UNDERLINE PROJECT, PURSUANT TO RESOLUTION NO. R-17-0143, IS SEPTEMBER 8, 2016; AUTHORIZING THE CITY MANAGER TO AMEND THE FIFTY MILLION DOLLAR ($50,000,000.00) FUNDING CAP DESCRIBED IN RESOLUTION NO. R-17-0143 AND IN THE MEMORANDUM OF UNDERSTANDING DATED NOVEMBER 6, 2017 BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY ("COUNTY"), IN ORDER TO REDUCE SAID DOLLAR FIGURE FROM FIFTY MILLION DOLLARS TO FIFTEEN MILLION DOLLARS ($15,000,000.00), WHICH AMOUNT SHALL BE PAYABLE IMMEDIATELY UPON EXECUTION OF SUCH AMENDMENT IN WRITING, SUBJECT TO THE LEGALLY - NECESSARY COUNTY APPROVALS AND THE AVAILABILITY OF FUNDS; AUTHORIZING THE CITY MANAGER TO MAKE ANY LAWFUL CHANGES IN ORDER TO ADJUST, AMEND, BUDGET, AND APPROPRIATE THE CITY'S ADOPTED CAPITAL PLAN FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2022, AS AMENDED, IN ORDER TO EFFECTUATE THE PURPOSE OF THIS RESOLUTION; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL AMENDMENTS NECESSARY TO THE RELEVANT AGREEMENTS AND/OR MEMORANDUM(S) OF UNDERSTANDING RELATING TO THE UNDERLINE PROJECT, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO REFLECT THE PROVISIONS OF THIS RESOLUTION. of .�f City of Miami City Hall * INC IIf 1°AT10 * 3500 Pan American Drive .r;<. 11 eA Legislation Miami, FL 33133 Resolution www.miamigov.com Enactment Number: R-22-0291 File Number: 12102 Final Action Date:7/28/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THAT THE OPERATIVE DATE TO BEGIN IMPACT FEE COLLECTIONS AND THE DISTRIBUTION OF SAID FUNDS FOR THE UNDERLINE PROJECT, PURSUANT TO RESOLUTION NO. R-17-0143, IS SEPTEMBER 8, 2016; AUTHORIZING THE CITY MANAGER TO AMEND THE FIFTY MILLION DOLLAR ($50,000,000.00) FUNDING CAP DESCRIBED IN RESOLUTION NO. R-17-0143 AND IN THE MEMORANDUM OF UNDERSTANDING DATED NOVEMBER 6, 2017 BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY ("COUNTY"), IN ORDER TO REDUCE SAID DOLLAR FIGURE FROM FIFTY MILLION DOLLARS TO FIFTEEN MILLION DOLLARS ($15,000,000.00), WHICH AMOUNT SHALL BE PAYABLE IMMEDIATELY UPON EXECUTION OF SUCH AMENDMENT IN WRITING, SUBJECT TO THE LEGALLY - NECESSARY COUNTY APPROVALS AND THE AVAILABILITY OF FUNDS; AUTHORIZING THE CITY MANAGER TO MAKE ANY LAWFUL CHANGES IN ORDER TO ADJUST, AMEND, BUDGET, AND APPROPRIATE THE CITY'S ADOPTED CAPITAL PLAN FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2022, AS AMENDED, IN ORDER TO EFFECTUATE THE PURPOSE OF THIS RESOLUTION; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL AMENDMENTS NECESSARY TO THE RELEVANT AGREEMENTS AND/OR MEMORANDUM(S) OF UNDERSTANDING RELATING TO THE UNDERLINE PROJECT, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO REFLECT THE PROVISIONS OF THIS RESOLUTION. WHEREAS, the City Commission adopted Resolution No. R-17-0143 on March 23, 2017, which, among other things, rescinded Resolution No. R-16-0409; and WHEREAS, Resolution No. R-17-0143 stated that its adoption did "not affect any prior or ongoing collections or allocations of park impact fees for The Underline project subsequent to the dates of passages of Resolution No. R-15-0397, adopted September 10, 2015, and Resolution No. 16-0409, adopted September 8, 2016"; and WHEREAS, pursuant to Resolution No. R-17-0143, the City of Miami ("City") and Miami - Dade County ("County") entered into a memorandum of understanding on November 6, 2017 ("Underline MOU"); and WHEREAS, the County has requested that the fifty million dollar ($50,000,000.00) funding cap described in Resolution No. R-17-0143 and in the Underline MOU, be reduced to fifteen million dollars ($15,000,000.00), which shall be payable immediately upon the execution of an amendment in writing, subject to the availability of funds and subject to the legally - necessary County approvals; and WHEREAS, the City Commission confirms that the operative date to begin impact fee collections and the distribution of said funds for The Underline project, pursuant to Resolution No. R-17-0143, is September 8, 2016, which is the date that the City Commission passed Resolution No. R-16-0409; and WHEREAS, the City Commission authorizes the City Manager to amend the fifty million dollar funding cap described in Resolution No. R-17-0143 and in the Underline MOU, in order to reduce said dollar figure from fifty million dollars ($50,000,000.00) to fifteen million dollars ($15,000,000.00), subject to the availability of funds and subject to the legally -necessary County approvals; and WHEREAS, except as described herein, there are no other modifications to Resolution No. R-17-0143 and the Underline MOU; and WHEREAS, this Resolution confirms that the City has already paid the County three million eight hundred seventy one thousand six hundred ninety dollars ($3,871,690.00), pursuant to Resolution No. R-17-0143, for The Underline project so the remaining amount that is payable by the City immediately upon the execution of the amendment in writing is eleven million one hundred twenty eight thousand three hundred ten dollars ($11,128,310.00); and WHEREAS, in the avoidance of doubt, the City has made separate and distinct payments to The Underline project in the form of a grant in the amount of two hundred thousand dollars ($200,000.00) from the City to the Parks Foundation of Miami -Dade County in 2015 for improvements to the Metrorail right-of-way, and a grant in the amount of one million dollars ($1,000,000.00) from the City to the County for the funding of phase one of The Underline project, for a total amount of one million two hundred thousand dollars ($1,200,000.00) ("Total Amount"), which Total Amount is not counted in the three million eight hundred seventy one thousand six hundred ninety dollars ($3,871,690.00); and WHEREAS, the City Manager is authorized to make any lawful changes in order to adjust, amend, budget, and appropriate the City's adopted capital plan for the fiscal year ending September 30, 2022, as amended ("Capital Plan"), in order to effectuate the purpose of this Resolution; 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 adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission confirms that the operative date to begin impact fee collections and the distribution of said funds for The Underline project, pursuant to Resolution No. R-17-0143, is September 8, 2016. Section 3. The City Manager is authorized' to amend the fifty million dollar ($50,000,000.00) funding cap described in Resolution No. R-17-0143 and in the Underline MOU, in order to reduce said dollar figure from fifty million dollars to fifteen million dollars ($15,000,000.00), which amount shall be payable immediately upon the execution of the amendment in writing, subject to the legally -necessary County approvals and the availability of funds. Section 4. The City Manager is authorized' to make any lawful changes in order to adjust, amend, budget, and appropriate the Capital Plan, in order to effectuate the purpose of this Resolution. Section 5. The City Manager is authorized' to negotiate and execute any amendments necessary to the relevant agreements and/or memorandum(s) of understanding relating to The Underline project, all in forms acceptable to the City Attorney, to reflect the provisions of this Resolution. Section 6. This Resolution shall become effective immediately upon adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i "ndez, ity Attor ey 7/1912022 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. Z If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission.