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HomeMy WebLinkAboutO-12112J-01-790 09-25-01 ORDINANCE NO. 12112 AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO IDENTIFY $400,000 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) LINE OF CREDIT OR AVAILBLE PROGRAM INCOME TO MEET THE DEBT SERVICE OF THE SECTION 108 LOAN PROGRAM IN THE 26TH AND 27TH CDBG PROGARM YEARS. WHEREAS, the federal regulations require an entitlement community to pledge its CDBG allocation as collateral for its Section 108 Loans; and WHEREAS, in the 26th Year, the City Commission approved the allocation of $1,000,678 and in the 27th Year, 1,100,000 was approved to cover the debt service of the City's Section 108 Loans for the Wynwood Foreign Trade Zone and, in accordance with the Interlocal Agreement between the City and the Community Redevelopment Agency, the Southeast Overtown Park West Loan; and WHEREAS, in the 26th Year, the debt service obligation was underestimated by approximately $183,5000; and WHEREAS, the Administration purposes preventative action to preclude a similar situation in the 27th Year; 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 adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is hereby directed to identify $400,000 from the Community Development Block Grant (CDBG) Line of Credit or available Program Income to meet the debt service obligation of the Section 108 Loan Program in the 26t'' and 27t' CDBG Program Years. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of the Ordinance, are hereby repealed.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. Section 5. 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, and upon the further grounds of the necessity to make the required and necessary payments to its employees and officers, payment of its debts, necessary and required purchases 12112 of goods and supplies and to generally carry on the functions and duties of municipal affairs. Section 6. 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 7. This Ordinance shall become effective upon its adoption and signature of the Mayor.'/ PASSED ON FIRST READING BY TITLE ONLY this 25th day of September r 2001. JOE CAROLLO,MAYOR in accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing in the designated place provided, said l&--lislation i,i(_x11 becomes effective with the elapse of ten (10) days from the date of commission action regarding same, without the Mayor exercising a vote. 0 ATTEST: W A ter J 'F o e m an, City -Clerk Na.1te-r J--. Foemaii City Clerk APPROVED AS T ORNEY W1 :BSS:kdw RM AND CORRECTNESS: Ice If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission. Page 3 of 3 12112 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members DATE: of the City Commission SUBJECT: FROM: /L los A. Gimenez REFERENCES City Manager ENCLOSURES: RECOMMENDATION: FILE: SEP 12 2`1101 Allocation of CDBG Funds to Meet Section 108 Loan Guarantees City Commission Agenda September 25, 2001 It is respectfully recommended that the City Commission adopt the attached emergency ordinance directing the City Manager to identify $400,000 from the Community Development Block Grant (CDBG) Line of Credit or available Program Income to meet the debt service of the Section 108 Loan Program. BACKGROUND: During the Public Hearing process to allocate 26th and 27th Year Community Development Block Grant (CDBG) funds, the Administration identified CDBG funds specifically targeted to meet the City's Section 108 debt service obligation. In the 26th Year, the City Commission approved the allocation of $1,000,678 for this purpose and in the 27th Year $1,100,000 was approved to cover the debt service. As you are aware, under federal regulations, an entitlement community must pledge its CDBG allocation as collateral for its Section 108 loans. As a result, the City is required to satisfy the debt service on the Section 108 Loan for the Wynwood Foreign Trade Zone and, in accordance with the Interlocal Agreement between the City and the Community Redevelopment Agency, it is also paying the Southeast Overtown Park West Loan. In the 26th Year, the debt service obligation was underestimated by approximately $183,500. Therefore, the proposed resolution directs the City Manager to identify funds from the CDBG Line of Credit or available Program Income to meet this shortfall. In addition, the proposed resolution further provides the flexibility for the City Manager to take a similar action if 27th Year payments also exceed the $1.1 million targeted for this purpose. It is recommended that the City Commission adopt the proposed resolution that directs the City Manager to identify $400,000 from the CDBG Line of Credit or available Program Income to meet the debt service of the Section 108 Loan Program in the 26th and 27th CDBG Program Years. DB/GCW/DF 12112