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Home My WebLink AboutR-22-0303City of Miami Resolution R-22-0303 alldl 11 li.Rl I + Legislation File Number: 12381 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 7/28/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE 1983 INTERLOCAL AGREEMENT ("AMENDED ILA"), IN SUBSTANTIALLY THE FORM ATTACHED AS EXHIBIT "A," BETWEEN THE CITY OF MIAMI ("CITY'), MIAMI-DADE COUNTY ("COUNTY'), AND THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), AS MODIFIED BY THE BOARD OF COUNTY COMMISSIONERS PURSUANT TO COUNTY RESOLUTION R- 654-22 IN AN EFFORT TO FINALIZE THE EXTENSION OF LIFE OF THE SEOPW CRA UNTIL MARCH 21, 2042; FURTHER DIRECTING THE CITY MANAGER TO WORK WITH THE EXECUTIVE DIRECTOR OF THE SEOPW CRA TO ENSURE A COPY OF THIS RESOLUTION AND THE AMENDED ILA ARE TRANSMITTED TO THE COUNTY FOR ANY ADDITIONAL REQUIREMENTS THAT MAY BE NEEDED AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Christine King WHEREAS, in 1982, pursuant to Part III, Chapter 163, Florida Statues, by action of Miami -Dade County ("County") and the City of Miami ("City"), the Southeast Overtown Park West Community Redevelopment Agency ("SEOPW CRA") was created; and WHEREAS, on March 30, 1983, the County, City, and the SEOPW CRA executed an Interlocal Cooperation Agreement between the City and the County, (the "1983 ILA"); and WHEREAS, on November 15, 1990, the County, the City, and the SEOPW CRA entered into an amendment to the 1983 ILA ("First Amendment") amending certain terms and provisions of the 1983 ILA; and WHEREAS, in December 2007, the City, County, SEOPW CRA, and the Omni Community Redevelopment Agency ("Omni CRA") entered into an Interlocal Agreement to provide funding for major projects for the benefit of all parties ("2007 ILA"); and WHEREAS, on January 22, 2010, the County and the SEOPW CRA entered into an amendment to 1983 Interlocal Cooperation Agreement ("2010 Amendment"); and WHEREAS, the SEOPW CRA generated an Assessment of Need (the "AON") to substantiate the extension of life of the SEOPW CRA until March 31, 2042, which was ultimately accepted and approved by all required Boards respectively; and WHEREAS, in 2018, the SEOPW CRA adopted the AON and an amended redevelopment plan; and City of Miami Page 1 of 4 File ID: 12381 (Revision:) Printed On: 812512022 File ID: 12381 Enactment Number: R-22-0303 WHEREAS, on May 7, 2019, the SEOPW CRA adopted Resolution CRA-R-19-0005 which accepted and adopted the execution of an amendment to the 1983 Interlocal Agreement; and WHEREAS, on May 9, 2019, the City Commission adopted Resolutions R-19-0175 and R-19-0176 which approved the AON and the amended redevelopment plan, respectively to substantiate the life of the SEOPW CRA to March 31, 2042; and WHEREAS, on May 13, 2019, the City Commission adopted Resolution No. R-19-0233, which approved and authorized the City Manager to execute the 2018 amended interlocal, and directed the SEOPW CRA's Executive Director to transmit same to the County for its review, consideration, approval, and acceptance; and WHEREAS, the 2018 amended interlocal approved by the City Commission differs from the version approved by the SEOPW CRA in that it does not include the provisions that release the County from any obligation under the 2007 interlocal agreement to make a $20 million contribution to the City to be applied toward the funding of a streetcar project, nor does it include the provision required by the County that a County Commissioner, a County representative and/or two private citizens can serve as members of the board of commissioners of the SEOPW CRA; and WHEREAS, the 2018 amended interlocal includes, among others, a list of certain priority projects to be funded by the SEOPW CRA, including the Overtown Entertainment District, Miami World Center Project, the Marriott Marquis Conference Center and Hotel, South Florida Regional Transportation Authority's Tri-Rail Downtown Miami Link Station Improvements Project, the World Literacy Crusade of Florida, Inc. a/k/a Mama Hattie's House, the redevelopment and modernization of the County's public housing developments, Rainbow Village and Culmer Gardens, and other affordable and workforce housing projects; and WHEREAS, the 2018 amended interlocal also includes other provisions, including: (1) the remaining provisions required by County's Resolution No. R-499-16; and (2) the waiver of the County -required 1.5 percent administrative fee that is charged to the SEOPW CRA for the remaining life of the SEOPW CRA, which, for fiscal year 2021-22, amounts to one hundred ninety nine thousand four hundred fifteen dollars ($199,415.00); (3) an agreement by the County that it will utilize the amount paid to the County by the SEOPW CRA to provide financial support for the redevelopment and modernization of the County -owned public housing projects located within the redevelopment area; and (4) an agreement by the City that it will utilize the amount paid to the City to support projects within the Overtown portion of the redevelopment area during the life of the SEOPW CRA; and WHEREAS, the 2018 amended interlocal that was approved by the SEOPW CRA and the City also includes a provision that seeks to amend the 2007 interlocal agreement; and WHEREAS, more specifically, the SEOPW CRA and the City propose to. (1) replace an existing exhibit in the 2007 interlocal agreement that includes a list of proposed projects; (2) require the County to agree that it will utilize the amount paid to the County by the Agency to provide financial support for the redevelopment and modernization of the County -owned public housing projects located within the redevelopment area; (3) require the City to utilize the amount paid to the City to support projects within the Overtown portion of the redevelopment area during the life of the SEOPW CRA ("Proposed Amendment"); and City of Miami Page 2 of 4 File ID: 12381 (Revision:) Printed on: 8/25/2022 File ID: 12381 Enactment Number: R-22-0303 WHEREAS, the Proposed Amendments would require the approval of the Omni CRA, which is not a party to the 1983 ILA between the County, the City, and the Agency; and WHEREAS, on July 7, 2022, the Board of County Commissioners determined that it was in the best interest of the County to approve the 2018 amended interlocal without the Proposed Amendment because the Omni CRA was not a party to the 1983 ILA; and WHEREAS, the 2018 amended plan and the 2018 amended interlocal also propose to extend the life of the SEOPW CRA and the redevelopment area from March 31, 2030 until March 31, 2042; and WHEREAS, on July 7, 2022, the County adopted Resolution No. R-654-22 which among other things accepted the AON, extended the life of the SEOPW CRA and the redevelopment area until March 31, 2042, and required the approval of the 2018 interlocal agreement by the SEOPW CRA and the City, as modified by the Board of County Commissioners; and WHEREAS, in conformance with County Resolution No. R-654-22, the City Commission approves and authorizes the City Manager to execute the second amendment to the 1983 ILA, in substantially the attached form, between the County, the City, and the SEOPW CRA, as modified by the Board of County Commissioners, in order to finalize the extension of life of the SEOPW CRA until 2042; and WHEREAS, in accordance with Section 2-33(f) of the Code of the City of Miami, Florida, as amended, the City Commission, by a majority vote, hereby deems this Resolution to be of an emergency nature; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The Second Amendment to the 1983 interlocal agreement, in substantially the form attached as Exhibit 'A" as modified by the Board of County Commissioner's pursuant to County Resolution R-654-22 in an effort to finalize the extension of life of the SEOPW CRA until March 21, 2042, is approved. Section 3. The City Manager is authorized' to execute the Second Amendment to the 1983 Interlocal Agreement between the City, the County, and SEOPW CRA, in substantially the attached form, as Exhibit 'A" as modified by the Board of County Commissioner's pursuant to County Resolution R-654-22. Section 4. The City Manager is directed to work with the Executive Director of the SEOPW CRA to ensure a copy of this resolution and the Second Amendment to the 1983 interlocal agreement are transmitted to the County for any additional requirements that may be needed. Section 5. This Resolution shall become effective immediately upon its adoption. ' 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. City of Miami Page 3 of 4 File ID: 12381 (Revision:) Printed on: 8/25/2022 File ID: 12381 Enactment Number: R-22-0303 APPROVED AS TO FORM AND CORRECTNESS: 1 i 4naindez, City Attor iey 8/1212022 City of Miami Page 4 of 4 File ID: 12381 (Revision:) Printed on: 812512022