HomeMy WebLinkAboutPre OrdinanceT l L
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7-16-96
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ORDINANCE NO. 96-115
ORDINANCE AUTHORIZING ISSUANCE, SUBJECT TO
APPROVAL BY SPECIAL ELECTION, OF NOT
EXCEEDING S200,000,000 GENERAL OBLIGATION
BONDS OF DADE COUNTY, FLORIDA FOR PURPOSE
OF FINANCING CAPITAL IMPROVEMENT PROGRAM
FOR CERTAIN PARKS, BEACHES, NATURAL AREAS
AND RECREATION FACILITIES; ESTABLISHING A
CITIZENS' OVERSIGHT COMMITTEE, INCLUDING
MEMBERSHIP AND POWERS TO ADMINISTER
PROGRAM; DESIGNATING ENTITIES AND PROJECTS
ELIGIBLE FOR FUNDING; PROVIDING SEVERABILITY,
INCLUSION IN THE CODE, AND EFFECTIVE DATE.
WHEREAS, it is'necessary and desirable to improve the quality of life, to benefit
property values, to promote prevention of juvenile crime by providing positive recreation
opportunities, and to improve the recreation facilities for youth, adult, and senior citizens in Dade
County (the "County") through the improvement of neighborhood and regional paries and the
development, rehabilitation, protection, restoration and acquisition of beach and natural areas
within the County; and
WHEREAS, the State of Florida, the County and the municipalities within Dade County
presently own and operate numerous parks and park facilities, natural areas, and heritage sites,
which are in need of improvement; and
WHEREAS, the acquisition and capital improvement of State, County and municipal
parks, beaches, natural areas and recreational and heritage facilities benefit the entire population
of both incorporated and unincorporated Dade County; and
WHEREAS, at the same time that the Board considered this Ordinance, the Board
adopted a resolution calling for a special election to be held in Dade County, Florida (the "Special
Election") on Tuesday, November 5, 1996 for the purpose of submitting to the electors of the
County the question of whether general obligation bonds not exceeding 5200,000,000 shall be
authorized for a capital improvement program for improvements to, and the acquisition of,
neighborhood and regional parks, beaches, natural areas and recreational and heritage facilities;
and -
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WHEREAS, the Board wishes to authorize the issuance of the Bonds subject to the
referendum, to establish a Citizens' Oversight Committee to administer the capital improvement
program, and to designate those entities and projects which will be eligible for funding;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF DADE COUNTY, FLORIDA, that:
Section 1. Fin in . The Board finds that:
(a) The purposes described in the Whereas clauses are incorporated in the body of this
Ordinance by reference. This Ordinance shall hereafter be known as the "Safe Neighborhood
Parks Ordinance" and referred to herein as the "Ordinance".
(b) It is critical that neighborhood and regional parks are restored and improved
throughout the County to improve the overall quality of life of our communities, provide safe
places for children to play and alternatives to gangs and gang activities, increase recreation
opportunities for senior citizens, and provide pleasant places for all residents to enjoy reiief from,
congestion and urban stress.
(c) The improvement, restoration, expansion, and enhanced safety of park, open space_
and recreation lands and.facilities will help reduce crime, increase the attractiveness of the County
as a place in which to live and locate businesses, maintain sound economic conditions and a high
standard of livability in the County by increasing property values, economic activity, employment
opportunities and tourism throughout the County.
(d) The protection of beach, park, recreation and natural areas is vital to the quality of
life in the County, providing important recreation opportunities to all residents of the County,
especially children and senior citizens, and helping to protect air and water quality.
(e) The Board finds that the distribution of the funds for qualified projects must be
done in a fair and organized manner.
Section . Defii3itign. As used in this Ordinance, the following terms mean:
"Administrative Expenses" means all direct expenses incurred in administering the development
and completion of any of the projects authorized and approved under the terms of this Ordinance.
Administrative costs shall not include those administrative expenses incurred in the everyday
operation of any Not -For -Profit Organization and Public Agency, which administer a project
funded pursuant to this Ordinance.
"Beaches" means beaches open to use by all of the residents of the County.
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"General Fund" means those funds raised, primarily through ad valorem taxes, fees and
transfers, that are used to account for the general operations of the County or municipal
governments and all transactions which are not accounted for in other funds or account groups.
"Natural Area" means an environmentally sensitive area usually containing a natural forest
community, freshwater or coastal wetland and managed to maintain and enhance biological
values.
"Not -For -Profit Organization" means any legally incorporated not-for-profit organization
created under the laws of the State of Florida (the "State") and designated as a tax exempt entity
by the United States Internal Revenue Service, which has among its purposes the provision of
park and recreation services, gang prevention and intervention, tree -planting, or the conservation
and preservation of lands for park, natural areas, scenic, historic, or open spaces. tit
"Parks" mean those areas of public land set aside for aesthetic, educational., recreational, or
cultural use by the citizens of the County.
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"Park and Recreation Department" means the Dade County Park and Recreation Departmen
"Public Agency or Public Agencies" means an agency or agencies or administrative division or
divisions of the United States government, the State of Florida, the County, or any municipality
within the County.
"Recreation and Heritage Facilities" mean those facilities that are managed by a Public Agency
or Agencies that focus their programming on cultural, historical, educational and recreational
activities.
"State Paris" means a park owned or operated by the Florida Department of Environmental
Protection, Division of Recreation and Parks.
"Trust Account" means the separate interest bearing account into which proceeds of the Bond
program, as outlined in this Ordinance, shall be deposited.
"UMSA" means Unincorporated Municipal Service area of the County, for which the County
provides municipal services.
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Section 3. BM6. In accordance with the provisions of the Dade County Home Rule
Charter and the general laws of the State of Florida, including Chapters 125, 159, and 166,
Florida Statutes, there is authorized to be issued, subject to the approval of the electorate
pursuant to the Special Election, general obligation bonds of the County, in one or more series, in
an aggregate principal amount not to exceed Two Hundred Million Dollars ($200,004,000)
outstanding at any one time (the "Bonds"). This ordinance also authorizes the issuance of other
evidences of indebtedness in the form of anticipation notes or bonds in anticipation of the issuance ��
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of the Bonds. The Bonds shall be payable from unlimited ad valorem taxes levied on all taxable
property in the County without limit as to rate or amount, the full faith and credit of the County
being pledged to the payment of principal of, redemption premium, if any, and interest on the
Bonds. The Bonds shall bear interest at such rate or rates, not exceeding the maximum rate of
interest permitted by law at the time of their sale, shall be stated to mature on a date or dates not
exceeding forty (40) years from the date of issue, shall be subject to redemption and shall have
such other terms, covenants and provisions as shall be determined by the Board by one or more
subsequent ordinances or resolutions. The purpose of the Bonds shall be (i) to pay the costs of
issuance of Bonds, (ii) to pay eligible administrative costs, and (iii) to finance the acquisition of
and capital improvements to Parks, Beaches, Natural Areas and Recreational and Heritage
facilities, in the manner set forth in this ordinance, in amounts not to exceed the following:
(a) Municipal per capita allocation and direct grants for specific projects: One
hundred seven million nine hundred and fifty thousand dollars (S107,950,000) for grants to`Public
Agencies and Not -For -Profit Organizations for the development, improvement, rehabilitation,
restoration or acquisition of real property for Parks and park safety, youth, adult and senior _'` `�
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citizens' recreation facilities, Beaches, greenways, trails, and Natural Areas in accordancewith the
following schedule:
(1) Nineteen million nine hundred fifty thousand dollars ($19,950,000) for grants to all
incorporated municipalities and DMSA (Unincorporated Municipal Service Area)
within the County, in accordance to the following schedule.
(i_) Nine million seven hundred thousand dollars ($9,700,000) to divide on a
per capita basis among the municipalities duly incorporated on the effective date of
this Ordinance.
(ii.) Ten million two hundred fifty thousand dollars ($10,250,000) to DMSA as
its municipal share.
(2) Direct grants for specific projects: )righty -eight million dollars (S88,000,000) for
direct grants to municipalities and DMSA, in accordance with the schedule
attached as Exhibit "A" and incorporated in this Ordinance by reference.
(b) Grants for Specific Regional Projects: Seventy-seven million fifty thousand dollars
(S77,050,000) to the County Park and Recreation Department for the development,
improvement, restoration, rehabilitation or acquisition of real property for Regional Parks,
Beaches and Biscayne Bay access, specific regional projects, Heritage Facilities, Natural Area
Preserves and greenways and trails, in accordance with the schedule described in Exhibit "B".
(c) Challenge Grants: Fifteen million (S 15,000,000) for challenge grants to Public.
Agencies and Not -For -Profit Organizations in accordance with the following schedule:
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(1) Seven million dollars ($7,000,000) for challenge grants to Public Agencies and
Not -For -Profit Organizations for land acquisition, construction and development
of youth recreation and service facilities.
(2) Eight million dollars ($8,000,000) for challenge grants to Public Agencies and
Not -For -Profit Organizations for natural areas, recreation and open space land
acquisition and development.
Section 4. Administration.
(a) The Citizens' Oversight Committee. A Citizens' Oversight Committee
("Committee") will be formed to oversee the disbursement of the proceeds from the sale of the
Bonds. The Committee will have thirteen (13) members; one residing in each of Dade County's
thirteen commission districts. Members of the Committee shall be residents of Dade County who
possess outstanding reputations for civic pride, integrity, responstbiIity and business or
professional ability and experience or interest in the fields of recreation, conservation of natural: -
resources or land use planning. The Committee and the Nominating Committee, as defined=
below, will be comprised of members who are representative of the geographic, ethnic, racial and
gender make-up of the County.
1 Selection. Members of the Committee shall be nominated and appointed in the
manner set forth in this subsection. The Board of County Commissioners of Dade
County, Florida shall appoint a nominating committee (the "Nominating
Committee") comprised of twenty-three (23) members as follows:
(i) Six (6) representatives of the State, County or municipal government,
which shall include the following persons or their designees: the State Attorney
for the Eleventh Judicial Circuit, the Superintendent of the Dade County School
Board, the Dade County Manager, and the Executive Director of the Dade League
of Cities;
(ii) Twelve (12) representatives of civic, not-for-profit organizations, which
shall include the fogowing persons or their designees: Chairman of the United
Way, President of Tropical Audubon Society, President of Citizens for a Better
South Florida, Director of the Urban League, Director of Alliance for Aging,
President of the Jewish Federation, President of the Children's Services Council,
President of the Cuban National Planning Council; President of CAMACOL,
President of the Miami -Dade Branch NAACP, President of Baptist Ministers
Council of Greater Miami and Vicinity; and the Executive Vice President of the
Rabbinical Association of Greater Miami;
(iii) Five (5) representatives of civic, not-for-profit organizations dedicated to
promoting and conserving the environmental or recreational resources of this _ .
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community, which shall include the following persons or their designees: President
of the Florida Recreation and Park Association, President of the Land Trust of
Dade County, and President of the Sierra Club.
The Nominating Committee shall submit a slate of four (4) candidates from each
Commission District to the Board of Dade County Commissioners for selection.
The Board must select from the slate submitted by the Nominating Committee;
however, the Board may request additional nominations.
(2) Term. The Committee members shall serve two year terms, and may be
reappointed. The terms shall be staggered, with the representatives of the
evenly -numbered districts scheduled for replacement or reappointment after the
first year. Members of the Committee shall not be compensated for their services. y,
(3) Powers and duties. The Committee shall have the following powers and duties:
(i) to oversee the deposit and disbursement of the Bond proceeds ih accordance
with the terms of this Ordinance;
(ii) to issue solicitations for all grants, to evaluate, disqualify, and rank
challenge grant proposals, and to recommend the award of grants in accordance
with the tgrms of this Ordinance;
(iii) to identify funding to reimburse the County for the reasonable costs of
providing staff to the Committee, in the process of the oversight and grant
management of this Ordinance, which funding may include amounts available
under this Bond program if the costs of staffing are related to individual projects
authorized by this Ordinance;
(iv) to promulgate rules consistent with this Ordinance for the conduct of its
meetings and the discharge of its responsibilities;
(v) to perform such other functions as are set forth for the Committee in
this Ordinance.
(4) Deposit of Bond Proceeds. All proceeds of the sale of the Bonds shall be
delivered to the Director of the Finance Department of Metropolitan Dade County
who shall deposit those proceeds in the Trust Account, not to be commingled with
other funds of the County, to be disbursed solely for the purposw set forth in this
Ordinance. Dade County, itself or through independent auditors, shall have the
right at all times to audit the books and records of the Committee.
(5) Staff. The County Manager and the County Attorney shall provide to the
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Committee adequate staff and support services to enable the Committee to carry
out its duties and responsibilities.
Section S. Grant Proposals.
(a) Any adjustments to the amount available from the Bond proceeds which are
required to be made to satisfy the costs of providing staff or other services to administer the
Bonds shall be made to the amounts available under this Bond program, not to exceed one (1%)
percent.
(b) The following provisions of this Section 5(b) shall apply to all grants to be
awarded pursuant to this Ordinance:
(1) Individual applications for grants or per capita allocations pursuant to Section 3 '
shall be submitted to the Committee for approval as to conformity with the
requirements of this Ordinance and for Committee review and recommendation.
The application shall be accompanied by an authorizing resolution
from the governing body of the applicant Public Agency that the project (or
projects) for which the grant or allocation is sought is an important park and
recreation -project (or projects) which will benefit all residents of Dade County and
that operating, management and programming funds are included in budget.
(2) Not more than seventeen percent (17%) of monies awarded under any grant may
be utilized for project planning, design and administration.
(3) The interest earned on proceeds of the Bonds which have been sold but not
allocated shall be used for acquisition of park, open space and natural areas to
meet the future needs of the growing population of Dade County. Requests for
use of these interest funds may be made to the Committee by Public Agencies and
Not -For -Profit Organizations, with all title vesting in a Public Agency.
(4) 'After approval of this Ordinance by special election, administrative rules
governing the implementation of the Ordinance shall be prepared by the County
Manager. Such rules shall include a timeline for the grant programs identified in
Section 3 of this Ordinance, criteria and procedures for evaluating such grants,
notification of affected Public Agencies and Not -For -Profit Organizations of the
proposed criteria and procedures and of the dates of public workshops to be held
throughout the County for the purpose of receiving public input on the proposed
criteria and procedures. After at least one public workshop for each of the grant
programs referenced in Section 3, the Committee shall adopt final criteria and
procedures for evaluating grants for each program, and shall notify affected Public
Agencies and Not -For -Profit Organizations as to the application timeline, criteria
and procedures for evaluating challenge grants for each program. Grants shall be
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awarded by the Board of County Commissioners upon recommendation of the
Committee in accordance with this Ordinance and the rules adopted in accordance
with this provision.
(5) A Public Agency may enter into an agreement with one or more Not -For -Profit
Organizations for the purpose of carrying out a grant pursuant to this Ordinance,
subject to the requirements of Section 9.
(6) Each Public Agency shall make every effort to employ local residents, and
particularly youth, from the area in which proposed projects are located.
(T) Each Public Agency shall make every effort to work with Not-for-profit
Organizations with a demonstrated history of youth employment and training, gang
prevention and intervention, and environmental preservation and land
conservation.
(8) Funds that are granted pursuant to Section 3 for the purposes of development,
improvement, rehabilitation or restoration shall be expended for these purposes
only on lands owned or leased by a Public -Agency. Funds may also be utilized for
projects oh lands for which the Public Agency holds a lease or other use agreement
for an unexpired minimum term of 25 years.
(9) In projects where funds are allocated pursuant to Section 3 for park and facility
development, every effort shall be made to use non-invasive, drought -resistant, or
xeriscape landscape material, water -conserving irrigation systems and
energy-efficient fixtures, except when such use can be shown to be unfeasible.
When projects involve the rehabilitation of existing irrigation systems or the
creation of new irrigation systems, reclaimed water should be used whenever
possible and priority shall be given to development of reclaimed water irrigation
systems.
(10) The minimum amount that an applicant may request for any individual project is
ten thousand dollars (S 10,000). Any agency may allocate all or a portion of its per
capita share to a regional or state project or another neighboring city, and all
agencies shall be encouraged to form partnerships to leverage other available funds
with the Dade County School Board, other Public Agencies, and Not -For -Profit
Organizations for park and recreation purposes.
(11) Funds made available for approved projects from grants shall be expended or
encumbered by the recipient within three years of the date when such funds are
first made available unless an extension is authorized pursuant to the express terms
of this Ordinance. Any such grant funds that are not expended or encumbered by
the recipient within such period, shall be made available for award for one or more
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of the classes of expenditures specified in Section 3 that the Committee deems to
be of the highest priority.
i. Upon deposit into the Trust Account, the original recipient of the funds
shall have no further claim to the funds.
ii. Trust Account funds shall be made available pursuant to the programs
outlined in Section 3, and shall be prioritized for heavily used parks and recreation
facilities in underserved areas of the County or municipalities. When funds are to
be used for the acquisition of property, priority shall be given to acquiring land for
park, recreation or natural areas purposes in -densely populated, _underserved areas
with documented deficiencies in park, recreation or open space opportunities.
The scope of each per capita project, shall remain as defined in the application for
Bond funds and this Ordinance. If there are required modifications to the scope of
the specific project, the recipient may alter the scope of the specific project, -as
defined by the administrative rules. The modifications shall be subject to approval
by the Committee. The full amount allocated for a specific project as detailed
within the application and this Ordinance shall be used for the designated project
and not transferred to another project.
(13) ' If Bond pf oceeds have not been expended or encumbered vyithin the periods
allowed, the recipient agencies may submit to the Committee for review and
approval in its discretion a plan for expenditure or encumbrance of the funds in
accordance with the purposes of this Ordinance within the municipality or area of
the County in which the funds were originally authorized to be expended.
(c) Challenge Grants. In addition to those provisions contained in Section 5 (b)
above, the following provisions shall apply to challenge grants to be awarded pursuant to Section
3 (c) of this Ordinance.
(1) - The funds authorized in Section 3 (c) shall be available as grants on a challenge
basis to Public Agencies and Not-for-profit Organizations.
(2) An extension not to exceed two (2) years beyond the three-year time limit for
expenditure or encumbrance of grant funds may be authorized by the Committee
for reasonable cause.
(3) These grants shall be limited for acquisition of lands for public use, and
improvements or development to publicly owned lands and facilities.
(4) Pursuant to Section 3 (c) (1), an amount not to exceed seven million dollars
(S7,000,000), shall be dedicated to park, recreation and open space acquisition and
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development in areas which: (i) are identified as economically and/or socially
disadvantaged consistent with Federal guidelines, where at least 51 percent of
residents live at or below 80 percent of the County's median income, and (ii) which
possess a documented deficiency in recreation and open space opportunities
defined as the difference between area supply and area demand for facilities,
programs and services.
(5) In the evaluation of grant applications pursuant to Section 3(c)( I), priority shall be
given first to correct vestiges of past discrimination and second to those which
meet one or more of the.following criteria: (i) joint application by a Public Agency
and a Not -For -Profit Organization whose primary focus is working with youth; (ii)
application by a Not -For -Profit Organization with a demonstrated history of gang
intervention, gang prevention, ability to work with at -risk youth, and prior
experience in such activities through grants from Public Agencies; (iii) application
by Not -For -Profit Organization which agrees to and can demonstrate the ability to
operate and maintain the facility to be constructed or developed on a long-term
basis; (iv) application by a Not -For -Profit Organization with experience in park
and open space acquisition and preservation.
(d) Grants for Specific County and Municipal Projects. In addition to those provisions
contained in Section 5(b) above, the following provisions shall apply to the grants for specific
County and municipal projects to be awarded pursuant to Sections 3 (a}(2) and 3 (b) of this
Ordinance.
(1) These grants shall be limited for acquisition of lands for public use, and
improvements or development to publicly owned lands and facilities for the
purposes set forth in Sections 3 (a) (2) and 3 (b) of this Ordinance.
(2) An extension not to exceed two (2) years beyond the three-year time limit for _
expenditure or encumbrance of grant funds may be authorized by the Committee
for reasonable cause.
(a) No funds authorized under Section 3 may be disbursed to any recipient unless the
recipient agrees:
(1) That grants for all programs in Section 3 shall be made available at least
once every twelve (12) months with public notice from the County.
(2) To maintain and operate in perpetuity the property acquired, developed,
improved, rehabilitated or restored with the funds, except where leases are
in effect. The recipient or its successors in interest in the property may
transfer the responsibility to maintain and operate the property to another
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Public Agency or another Not -For -Profit Organization in accordance with
this Section. The recipient agency must provide adequate programming for
any new facilities constructed with proceeds of the Bonds.
(3) To use the property only for the purposes of this Ordinance and to make
no other use, sale, or disposition of the property, except as provided in
subdivision (b) of this Section.
(4) Any beach, park or other public facility acquired, developed, rehabilitated
or restored with funds from this act shall! be open and accessible to the
public without discrimination as to race, color, gender, age, religious belief,
residence, national origin, marital status, or disability.
(5) In order to maintain the exclusion from gross income for federal income
tax purposes of the interest on any bonds, notes or other evidences of ., .
indebtedness issued for purposes of this Ordinance, each recipient of -.fun ds
pursuant to this Ordinance covenants to comply with each applicable
requirement of Section 103 and Sections 141 through 150 of the Internal
Revenue Code of 1986, as amended. Each recipient of funds shall agree in
writing to the conditions specified in paragraphs (2), (3), and (4) of this
Section.
The conditions specified in paragraphs (2), (3), (4) and (5) of this Section shall not
prevent the transfer of property acquired, developed, improved, rehabilitated or restored with
funds authorized pursuant to Section 3 of this Ordinance from the recipient to any other Public
Agency, to a Not -For -Profit Organization authorized to acquire, develop, improve or restore
Public real property for park, wildlife, recreation, open space or gang prevention and intervention
purposes, to the State of Florida or to the National Park Service, provided that any such
successor to the recipient assumes the obligations imposed by such conditions.
(b) Any changes in use of any property acquired through grants pursuant to this Ordinance
must be maintained in perpetuity for public park and recreation purposes. If the use of the
property acquired through grants pursuant to this Ordinance is changed to one other than a use
permitted under the category from which the funds were provided, or the property is sold or
otherwise disposed oC an amount equal to the (1) amount of the grant, (2) the fair market value
of the real property, or (3) the proceeds from the portion of such property acquired, developed,
improved, rehabilitated or restored with the grant, whichever is greater, shall be used by the
recipient, subject to subdivision (a) of this Section, for a purpose authorized in that category or
shall be reimbursed to the Trust Account and be available for appropriation only for a use
authorized in that category.
If the property sold or otherwise disposed of is less than the entire interest in the property
originally acquired, developed, improved, rehabilitated or restored with the grant, an amount _t
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equal to the proceeds or the fair market value of the property interest sold or otherwise disposed
of, whichever is greater, shall be used by the grantee, subject to subdivision (a) of this Section, for
a purpose authorized in that category or shall be reimbursed to the general fund and be available
for appropriation only for a use authorized in that category. Nothing in this Section 6 shall limit a
Public Agency from transferring property acquired pursuant to this Ordinance to the National
Park Service or the State Park System, with or without consideration.
(c) Awards pursuant to this Ordinance shall first be available during the fiscal year in
which Bond proceeds are initially available.
Section 7. Prol2eM Acquisition.
(a) All real property acquired pursuant to this Ordinance shall be acquired in
compliance with Dade County Administrative Order 84 and Florida Statute 125.355, and all "
other applicable laws.'Funds disbursed to a Public Agency other than the County in accordance
with Section 3 shall be expended by that agency pursuant to an Interlocal agreement with
Metro -Dade County.
(b) For the purposes of this Ordinance, acquisition may include gifts, purchases,
leases, easements, the exercise of eminent domain, the transfer or exchange of property of like-,.
value, transfers of development rights or credits, and purchases of development rights and other
interests.
(c) All grants, gifts, devises, or bequests to any of the qualified Public Agencies of this
Ordinance, conditional or unconditional, for park, conservation, recreational, wildlife habitat,
natural lands or other purposes for which real property may be acquired or developed pursuant to
this Ordinance, shall be made in the name of the agency and accepted and received on behalf of
the agency pursuant to the applicable Administrative Order of the County. The grants, gins,
devises or bequests shall be available for expenditure for the purposes specified in Section 3
hereof.
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(a) Reasonable public access to lands and facilities funded by this Ordinance shall not
be denied, except where that access may interfere with resource protection.
(b) All funds allocated pursuant to this Ordinance for projects involving the
rehabilitation or restoration of beach, park, recreation, open space or natural lands shall be used to
the maximum extent practical to employ residents from the surrounding community in which the
particular rehabilitation or restoration project is being carried out.
(c) To the maximum extent feasible, Public Agencies and Not -For -Profit
Organizations shall be encouraged and have authority to use funds received pursuant to this
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Ordinance to provide funding through agreements with community organizations, particularly
when youth can be employed to work on restoration or rehabilitation projects being carried out in
their own communities. Such agreements shall be entered into solely for the accomplishment of
the purposes set forth by this Ordinance.
Section 9. Environmental Review.
(a) Prior to recommending the acquisition of lands that are located on or near
tidelands, submerged lands, swamp, or other wetlands, whether or not those lands have been
granted in trust to a local Public Agency, any agency receiving funds pursuant to this Ordinance
shall submit to the Dade County Department of Environmental Resources Management (DERM)
any proposal for the acquisition of those lands pursuant to this measure. DERM may, at its
discretion, within ninety (90) days of such a submission, review the proposed acquisition, make a
determination as to the State's existing or potential interest in the lands, and report its findings to
the entity making the submittal and to the County Manager.
(b) . No wetlands or riparian habitat acquired pursuant to Section 3 shall be used as a
dredge spoil area or shall be subject to revetment which oamages the quality of the habitat for
which the property was acquired.
(c) No provision of this Ordinance shall be construed as authorizing the condemnation
of publicly -owned lands_'
Section 10. Bond Capital.
(a) Pursuant to subdivision (e) of Section 5506.9 of the Public Resources Code, no
proceeds from any Bonds, notes or other evidences of indebtedness issued by Dade County shall
be used for any operations, maintenance or servicing purposes, except that such proceeds may be
used to pay all costs incidental to the preparation and issuance of the Bonds -
(b) The amounts of all allocations designated in Section 3 are gross amounts, and shall
be reduced not more than one percent (1%) for the costs of the overall administrative expenses of
the Bond.
It is the intent of this Ordinance to produce a net benefit to the residents of Dade County.
No substitution in capital project funding by the County and/or municipalities shall occur as a
result of projects specifically funded by this bond issue.
The Bonds may be issued either all at one time or in part from time to time as the Board of — f
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County Commissioners may in its discretion determine by subsequent ordinance or resolution.
The sale of such Bonds shall not be combined with the sale of any other bonds of the County.
Section 13. Independent Audit
There shall be an annual independent audit of all proceeds of the Bonds. This audit shall
examine all proceeds on hand and unexpended. The expense of the audit shall be paid from the
general bond fund. All Bond recipients shall cooperate fully with the program's auditors.
The Committee shall have the right, in its sole discretion, to require recipients of any grant
to retain the services of an independent private sector inspector general (IPSIG) to audit,
investigate, monitor, oversee, inspect and review the operations, activities and performance of the
recipient and its contractor. Said audit shall include compliance with contract specifications and
project costs, as well as the prevention of corruption and fraud. Grant agreements shall include
an acknowledgment by the recipient that the Committee has the right to utilize an IPSIG.
Section 14. If any section, subsection, sentence, clause or provision of this Ordinance is
held invalid, the remainder of this Ordinance shall not be affected by such invalidity.
Section 13. It is the intention of the Board of County Commissioners, and it is -hereby
ordained that the provisions of this Ordinance shall become and be made a part of the Code of
Metropolitan Dade County, Florida. The sections of this Ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word
Section_ 16. This Ordinance does not contain a sunset provision.
ection 17. This Ordinance shall become effective ten (10) days following the date of its
enactment.
Section I S. In addition to any other remedies provided by law to any person or entity,
the remedies provided in the Citizens Bill of Rights shall be available for violations of this
Ordinance.
PASSED AND ADOPTED: JUL 1 6 1996
Approved by County Attorney as
to form and legal sufficiency, '14
Prepared by:
Exhibit "A"
A. Four hundred thousand dollars ($400,000) to the City of Coral Gables in accordance with
the following schedule:
i.Three hundred thousand dollars (5300,000) for the development and
renovation of Phillips Park.
ii.Fifty thousand dollars (550,000) for Nat Winokur Park for the
installation of new playground system.
iii.Fifty thousand dollars ($50,000) for Salvador Park for the renovation of
playground system and picnic pavilion.
t.crx e.'ci
B. Forty-eight thousand dollars (548,000) to the City of Florida City for Loren Roberts Park
- " to develop a baseball and a softball field.
C. Five million dollars (S5,000,000) to the City of Hialeah in accordance with the following
< schedule:
i. Two million six hundred thousand dollars ($2,600,040) for McDonald
Park for new lake contours, enhanced recreation areas, building
renovations, fencing, lighting and other improvements.
ii.One million four hundred thousand dollars (S 1,400,000) for Dent Park
for the construction of the Dent Park gymnasium.
iii. Six hundred thousand dollars (S600,000) for the development of a
neighborhood park located at West 32-36 Avenue connector Road
(Hialeah and Hialeah Gardens Blvd.) and 79 Street.
iv.Two hundred and fifty thousand (5250,000) for renovations and
improvements at Cotson Park and Reid Pool Park, to include improved
athletic fields, renovation of ballfield building and security lighting.
v. One hundred and fifty thousand ($150,000), divided equally between
Babcock Park and Wander Park for installation of new
playgrounds/totlots to comply with the American with Disabilities Act
(ADA) requirements.
D. One million five hundred thousand dollars ($1,500,000) to the City of Homestead in
accordance with the following schedule:
c
improvements, new and renovated basketball courts and
baseball/softball fields, and swimming pool renovations for Shenandoah
Park.
x. Five hundred thousand dollars (5500,000) for the design and construction
of the Virginia Key Environmental Education Center.
xi.Five hundred thousand dollars ($500,000) to be used as local matching
funds for the renovation and adaptive reuse of two historic structures, the
Wagner Homestead and the Ft. Dallas Barracks for Lummus Park_
xii.Five hundred thousand dollars (S500,000) for shoreline improvements,
seating and plazas for Lummus Park.
xiii.Five hundred thousand dollars (S500,000) to be used as a local match
for other grants to extend the Miami Riverwalk.
xiv.Five hundred thousand dollars ($500,000) for shoreline stabilization,
building renovation and new tennis court and roller hockey
facility enhancement at Peacock/Myers Park.
xv.Five hundred thousand dollars ($500,004) for shoreline stabilization,
swimming pool facility renovation, tennis center renovation, and lighting at
Morningside Park.
xvi. Four hundred fifty thousand dollars ($450,000) for improvements to
the recreation center for Persons with Disabilities Programs, renovations
to ballfields, and new playground and improvements at Kinloch Park.
xvi. Four hundred fifty thousand dollars (5450,040) for renovations and
improvements to Williams Park.
xvii.Four hundred twenty-five thousand dollars (5425,000) for renovations
and improvements at Athalie Range Park.
xviii.Three hundred fifty thousand dollars (S350,000) for improvements
and renovations at Robert King High Park.
xix.Three hundred fifty thousand dollars (S350,000) for recreation
building renovations and swimming pool facility renovations at Curtis
Park.
xx.Three hundred fifty thousand dollars (S350,000) for building _ 3
i.One million dollars (S 1,000,000) to implement the first phase of the
development of the Homestead Equestrian Center and to be used to
leverage additional funds for the completion of the Center.
ii.Five hundred thousand dollars (S5o0,000) for Roby George Park for the
development of the Phichol Williams Community Center.
E. Five hundred thousand dollars (5500,000) to the Village of Key Biscayne for the
development of Village Green Park.
F. Eighteen million dollars (S 18,000,000) to the City of Miami in accordance with the
following schedule:
i. One million eight hundred thousand dollars (S 1,800,000) for the
restoration of the historically designated Virrick Crym, to be used by
persons with disabilities for adaptive sailing and other community
youth -related activities.
ii. One million dollars (S 1,000,000) to complete a beach erosion control
program on Virginia Key Beach and enhancements to the island dune
systems.
iii.Eight hundred thousand dollars (S800,000) for the development of a
new recreation/senior trust building and site improvements at Maceo Park.
iv.Eight hundred thousand ($800,000) for the improvements and
renovations to the recreation building, swimming pool, and ballfields,
courts and playgrounds at Gibson Park.
v.Eight hundred thousand dollars ($800,000) for acquisition and
renovations at Jose Marti Park.
vi.Eight hundred thousand dollars (5800,000) for improvements and
renovations to Hadley Park.
vii.Seven hundred thousand dollars ($700,000) for renovations and
improvements to the youth center and swimming pool at Virrick Park.
viii. Seven hundred thousand dollars (5700,000) for improvements to
the recreation building and renovations to the basketball/tennis court and
basebalUsoftball fields and improvements to Douglas Park.
ix. Six hundred fifty thousand dollars ($650,000) for recreation building
renovations and exercise course at Roberto Clemente Park,
xxi.Three hundred fifty thousand dollars ($350,004) for renovations to
building, ballfield and swimming pool facility and new playground and
volleyball courts at West End Park.
xxii.Three hundred thousand dollars (5300,000) for shoreline stabilization,
new playground, exercise course, volleyball court and lighting at Pace
Park.
xxiii.Three hundred thousand dollars (S300,000) for improvements to the
tennis center/restroom building, new tennis court and lighting upgrade for
Kirk Munroe Park.
xxiv.Three hundred thousand dollars ($300,000) for building and ballfield
renovations, playground expansion and security lighting upgrade for
Allapattah Comstock Park.
s= xxv.Four hundred thousand dollars ($400,400) for recreation building
and ballfield renovations, new playground and new sports lighting at Fem
Isle Park.
xxvi.Three hundred twenty-five thousand dollars (5300_,000) for expansion,
renovation and improvementsa-t-9uena Vista Park.
xxvii.Two hundred thousand dollars ($200,000) for repair and renovation
of Manuel Artime Center Theater, to improve handicapped accessibility,
and exterior security lighting.
xxviii. One hundred fifty thousand dollars (5150,000) for renovations and
improvements to recreation building, ballfields and new sports lighting at
Moore Park.
xxix.One hundred fifty thousand dollars ($150,000) for renovations and
improvements to recreation building, ballfields, playground and lighting at
Grapeland Park.
xxx.One hundred fifty thousand dollars (S150,000) for building and court
renovations, new fencing, playground and improvements at
Belafonte-Tacolcy Center.
xxxi.One hundred fifty thousand dollars ($150,000) for recreation and
parking improvements, playground expansion, fencing and sports lighting
I
at Reeves Park.
xxxii.One hundred fifty thousand dollars (S150,000) for shoreline
stabilization and site building improvements, including exercise course
at Legion Park.
xxxii.The hundred fifty thousand dollars ($150,000) for building
renovation, fencing and lighting for Simpson Park.
xxxiii.One hundred fifty thousand dollars ($150,000) for improvements and
renovations at Dorsey Park.
xaodv.One hundred twenty-five thousand dollars (S125,000) for
renovations, improvements and shoreline enhancements to Kennedy Park.
.
xxxv. One hundred twenty-five thousand (5125,000) for building and
ballfield renovations and new playground and fencing at Coral Gate Park.
- xxxvi.One hundred thousand dollars ($100,000) for softball field and
basketball court renovations, new playgrounds and volleyball court at
Southside Park.
xxxvii.One hundred thousand dollars ($100,000) for building and court
renovations, playground and lighting for Bryan Park.
xxxviii.One hundred and twenty thousand dollars (5125,000) for
amphitheater renovations, playing field improvements and new tot lot for
African Square Park.
xl.One hundred thousand dollars ($100,000) for court and ballfield
renovations, new fencing, lighting and playground at Armbrister Park.
x1i.One hundred thousand dollars ($100,000) for new restroom facility,
fencing, playground expansion, security/sport lighting and irrigation at
Henderson Park.
xlii.One hundred thousand dollars (S100,000) for park expansion and
improvements and ballfield construction at Lemon City Park.
xliii.One hundred thousand dollars ($100,000) for park expansion and site
improvement at Maximo Gomez Park (Domino Park).
xliv.One hundred thousand dollars (5100,000) for new playground, lighting �f