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HomeMy WebLinkAboutExhibit 1ORDINANCE NO. 96-115 �—J .Amended .Alter^.ate Agenda Item No. 4(E) 7-16-96 ORDINANCE AUTHORIZING ISSUANCE, SUBJECT TO APPROVAL BY SPECIAL ELECTION, OF NOT EXCEEDING S200,000,000 GENERAL OBLIGATION BONDS OF DARE COUNTY, FLORIDA FOR PURPOSE OF FINANCING CAPITAL BIPROVEMENNT PROGRAM FOR CERTAIN PARKS, BEACHES, NATURAL AREAS AND RECREATION FACILXnES; ESTABLISHING A CITIZENS' OVERSIGHT COMMITTEE, INCLUDING MEAMERSED? AND POWERS TO ADINMNLSTER PROGRAM; DESIGNATING ENTITIES AND PROJECTS ELIGIBLE FOR FUNDING; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND EFFECTIVE DATE.'= .- WBMR.EAS, 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 parks 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 paries, 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 S, 1996 for the purpose of submitting to the electors of the County the question of whether general obligation bonds not exceeding S200,000,000 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 7 C Annual Cast in Current Dollars o cn o cn cD < n n Q _ . Q C CD Q. cn eu �-. pr WCD N / d Au-neaded Alternate Benda Item No. 4(E) Paze No, 2 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. Findings. 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 relief from,:" congestion and urban stress. (c) The improvement, restoration, expansion, and enhanced safety of park, open space - and recreation lands and.facifities 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 quali5ed projects must be done in a fair and organised manner. Section 2. Def-Wtion. 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 it project funded pursuant to this Ordinance. "Beaches" means beaches open to use by all of the residents of the County. 7 A:nended Alternate Agenda Ite;n No. 4(F) Page No. 3 "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 cornrnunity, 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. tiX "Parks" mean those areas of public land set aside for aesthetic, educational, recreational, or cultural use by the citizens of the County. 4 "Park and Recreation Department" means the Dade County Park and Recreation Departmecit. "Public Ageney.or,Public Agencies" means an agency or agencies or administrative division or divisions-_ofthe 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 Psi -k" means a parir owned oroperated 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. Sectio 3 z g In accordance with the provisions of the Dade County Home Rule . Charter and the "#eneral Taws of the 84te of Florida, inclu ers 135, 159, and.166, Florida Statutes=there is authdnzcd'to be issued, subject toe royal of he electorate Pursuant to 'the Special Election, general obligation bonds of the County, in one or more scenes, in an aggregate pninctpal amount not to exceedTwo Hundred Million Dollars (5204,004,000) outstand:ng ai any one time (the "Bonds"�. ='lua ordtnance also authorizes the Issuance of oilier evidences of indebtedness in the form of anticipation notes oc bonds in 'antiaipatton of stieissuance- C Amended Alternate Agenda Item No. 4( ) Page No. 4 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 anount, the full faith and credit of the County being pledged to the payment ofprincipal of, redemption prentium, 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:Pdblic Agencies and Not -For -Profit Organizations for the development, improvement, rehabilitation, - restoration or acquisition of real property for Paries and parse safety, youth, adult and senior _�.1 . citizens` recreation facilities, Beaches, greenways, trails, and Natural Areas in accordance with the following schedule: a (1) Nineteen million nine hundred fifty thousand dollars (519,950,000) for grants i6`111 incorporated incorporated municipalities and UMSA (Unincorporated Municipal Service Area) within thECounty, in accordance to the following schedule: (i.) Nine mullion seven hundred thousand dollars (59,700,000) 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 (S 10,250,000) to DMSA as its municipal share. (2) Direct grants for specific projects: Eighty-eight million dollars (S88,000,000) for -direct grants to municipalities and UMSA, in accordance with the schedule attached as Exhibit "A" and incorporated in this Ordinance by reference. (b) Grams for Specific Regional Projects: Seventy-seven million fifty thousand dollars ($77,050,000) 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 (515,000,000) for challenge grants to Public Agencies and Not -Far -Profit Organizations in accordance with the following schedule: eIN ar,cnde� AJteraate Agenda Item No, 4(-) Page No. (I) Seven rziIlion dollars (S 7,000,000) for challezue grants to Public Agencies and Nat -For -Profit Organizations for land acquisition. construction and developrnejt of youth recreation and service facilities. (2) Eight rnillion dollars (S8,000,000) for challenge grants to Public Agencies and Net -For -Profit Organizations for natural areas, recreation and open space land acquisition and development. Section 4. Administz-ai on. (a) The Citizens' Oversight Committee. A Citizens' Oversight Committee ("Committee") will be farmed 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, responsibility 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. I 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; (n) Twelve (12) representatives of civic, not-for-profit organizations, which shall include the following 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 Mami•Dade Branch NAACP; President of Baptist Ministers Council of Greater Miami and Vicinity; and the Executive Vice President of the Rabbinical tlssociation of Greater Miami; (iii) Five (5) representatiives of civic, not-for-profit organizations dedicated to promoting and conserving the environmental or recreational resources of this r Amended A1te^ate Agenda Item No. 4(B) Page No. 6 core.unity, which shall include the cllowing 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 nonunations. (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. (3) Powers and duties. The Committee shall have the following powers and duties: (i) to oversee the deposit and disbursement of the Bond proceeds in accordance with the terms of this Ordinance; (ii) to issue solicitations for all grants, to evacuate, disqualify, and rank challenge grant proposals, and to recommend the award.of grams in accordance with the tErms 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 tray 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 purposes 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. (S) Staff. The County Manager and the County Attorney shall provide to the vended Alternate Agenda Item, No. 'IT(E) Page No. 7 Cornrrut'_ee adequate staffand supper services to enable the Cornrnit:ee to car—,y out its duties and responsibilities. Section 5. Grant Pro2osah. (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 Ordinanci-and for Committee review and recommendation. The application shall be accompanied by an atithdrizing resolution from the governing body of the applicant.Pubfic Agency that the project (or projects) for which the grant or allocation is sought is an important park and recreation project tor ProJects) which will benefit all residents of Dade Countv and that operating, management and programming funds are included in budget. (2) Not more than seventeen -percent170/*) of monies awarded under any grant may be utilizia for project pil an ning;- design and administration. (3) The interest tamed on proceeds of the Bodds 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 iii4s- maybe midt to thi Committee by Public Agencies and Not -For-profit Otganiiiii loni,with in: fitle vesting in a Public Agency. (4) dthis Ordinance by -special election,- administrative rules governing the implernen tation of the- Ordinance shall be prepa, r. pd.by-the County Manager. Such rules shall include a timeline for the grant programs identified in S6W& 3 . of this Ordinance, ent . eria and- tires eval such proced uatMg p4c_ -grants, " 66kid of c es and Not -For -Profit 044notions of the noti. n . �fi- thedates,of PUY 7 7. !cotton --- ­­ 9��77, 7 7.7-7 -7 7,7� -77z A' i601Mff�-,Ndt1F&_4P_fb -t {fir an zauons as _LPF h, tS -program. a��VrQce,ures, evaluating -challenge gran or eac Gi to be held proposed .the grant I ti Alternate Agenda Item No. 4(E) Pace No. 8 awarded by the Board cf County Commissioners upon recornmendation of the Committee in accordance with this Ordinance and the rules adopted in accordance with this provision. i (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) (7) (:9) Each Public Agency shall make every effort to employ local residents, and particularly youth, from the area in which proposed projects are located. 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. 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 ot1 lands for which the Public Agency holds a lease or other use agreement for an unexpired minimum term of 25 years. In projects where funds are allocated pursuant to Section 3 for park and facility development, every effort shall be trade 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 trade available for award for one or more A endcd Alternate Agenda item No. 4(E) Page No. 9 of the classes of expenditures specified in Section 3 that the Corn, inee deems to be of the highest priority. i. Upon deposit into the Trust Account, the original recipient of the funds shall have no further claire to the finds. ii. Tn1st 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 r: tunicipalities. 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:_denxLy4opulatcd,underse_rve�i areas with documented deficiencies in park, recreation or open space opportunities. (12) The scope of each per capita project, shaIl 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 :;3 ` by the Committee. The fiill _amount allocated for a specific project as detailed v . within the application and this Ordinance shall be used for the designated project and not transferred to another project. + (13) • If Bond pfoceeds have not been expended or encumbered vfithin the periods allowed, the recipient agencies may submit to the Committee for review and approval in its discretion a plan for expenditure or ena4. rance 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 PursusnCto Section 3 (c) (1} an amount not to exceed�seven million"dollars O (57,000,000), shall be dedicated to park, recreation and open space acquisition and _ .kMende Alte rate Agenda Item No. 4(;) Pace Nc. 10 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 dim erence between area supply and area demand for facilities, prograrns and services. (5) In the evaluation of grant applications pursuant to Section 3(c)(1), priority shall be given fast 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 Organisation whose primary focus is working with youth; (ii) application by a Nat -Por -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 pmjects to' be awarded pursuant to Sections 3 (a)(2) and 3 (b) of this Ordinance. (1) Thee grants sitan 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 excead 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. 11 f . e.4rr r •PTI- (a) TI a (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 A.—,, ended A_'ternate Agenda Itern No.(=) Page No. I I Public Azency or a: -,Other Not -For -Profit Organization in accordance wit,; this Section. The recipient agency must provide adequate prograrnmin¢ for env new facilities constructed with proc"..ds 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, cr 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.funds pursuant to this Ordinance covenants to comply with each applicabler requirement of Section 143 and Sections 141 through 154 of the internal Revenue Code of 1986, as amended. Each recipient of. funds shall agree in Writing to the conditions specified in parag; aphA (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 ofproperty 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; b:4he'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 orrestored with the. grant, whichever is greater, shall be used by the recipient, subject fo subdivision (a) of this Section, fora putposeatithorized in that category or shall be reimbursed to ,the Trust Account and be available for appropriation only for a use authorized to that category. If iheproperty sold`or-0therwtse disposed cfis8s than the entiremterest in the property �ngrnally :acgwreddeveloped;'amproved, cehabtlrtaied or restored with :the grant, an amount A? -ner.ded A Iernate A zenda Itern No. 4(j✓) Paze No. 12 equal to the proceeds or the fair market value of tree property interest sold or ether-xise disposed of, whichever is greater, shall be used by the grantee, subject to subdivision (a) of uh!s 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 b 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. Property Acquisition. (a) All real property acquired pursuant to this Ordinance shall be acquired in " compliance with Dade County Administrative Order 8-4 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 '"ff Metro -Dade County. (b) For the purposes of this Ordinance, acquisition may include gifts, purc.'�ascs, ` 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, gifts, devises or bequests shall be available for expenditure for the purposes specified in Section 3 hereof. (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 I -� Ln Amended Alternate Agenda Item No. 4(E) Pace No. 13 Ordinance to provide Ending through agreements with community organizations, particularly when youth can be employed to work on restoration or rehabilitation projects being carried out in their awn communities. Such agreements shall be entered into solely for the accomplishment of the purposes set fol - h 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 (DFILM) any proposal for the acquisition of those lands pursuant to this measure. DERM may, at its discretion, within ninety (94) 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 findingsto'. - the entity making the submittal and to the County Manager. - (b) No wetlands or riparian habitat acquired pursuant to Section 3 shall be used at a- dredge spoil area or shall be subject to revetment which damages 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 14.' 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 Shan be used for`in­ yop oleins, 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 (11%) for the costs of the ovehW administrative expenses of the Bond: - Section 11. Maintenance of Effort. It is the nfent ofthis +Ordinance.to- produce a net benefit to the residents of Dade County. _z 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. Section - Sale of Bonds::. The Bonds` may be issued either all at one time or in part 66mtimeto time as `the Board`of _ > Amenued Alternate Acenda Ire No. 4(E) Page No. 14 Countv Commissioners may in its discretion determine by subsequent ordinance or resolution. The sale of such Bonds shall not be combined with the sale cf 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 process 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 Committer 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 15. It is the intention of the Board of County Commissioners, and rt 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. Section 17. This Ordinance shall become effective ten (10) days following the date of its enactment. Section 18, 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. °Al Prepared by: IC Exhibit "A" A. Four hundred thousand dollars ($;00,000) to the City of Coral Gables in accordance with the following schedule: i.Three hundred thousand dollars (S300,000) 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_ J iii.Fifty thousand dollars (S50,000) for Salvador Park for the renovation .of playground system and picnic pavilion. 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 S, v schedule. - _ LTwo million siz hundred thousand dollars ($2,600,000) for McDonald :Ts 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.) acid 79 street. iv.Two hundred and fifty thousand ($250,000) for renovations and improvements at Cotson Park and. Reid Pool Park, to, include improved athletic fields, renovation ofballfield-buud4 ing`and security lighting. v.One hundred and fifty thousand (S150,000), divided equally_ between Babcock Park and Milander Park for installation of new playgrounds/totlots to comply with the American with Disabilities Act (ADA) requirements. One million five hundred thousand dollars ($1,500,000) to the City of Homestead in accordance with the following schedule: fir. L_ i.One million dollars (S 1,000,00(D) 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, iiTive hundred thousand dollars (5500,000) for Roby George Park for the development of the Phichol Williams Community Center. E. Five hundred thousand dollars ($500,000) to the Village of Key Biscayne for the development of Village Grein Paris. F. Eighteen million dollars ($18,000,000) to the City of Miami in accordance with the following schedule: i. One million eight hundred thousand dollars ($1,800,000) for the restoration of the historically designated Virrick Gym, to be used by persons with_ disabilities for adaptive sailing and other community youth -related activities. ii.One million dollars (S I,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 ($800,000) 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 ($800,000) for improvements and renovations to Hadley Park. vii.Seven hundred thousand dollars (S700,000) for renovations and improvements to the youth center and swimming pool at Virrick Park. viii. Seven hundred thousand dollars (S700,000) for improvements to the recreation building and renovations to the basketball/tennis court and baseball/softhIl fields and improvements to Douglas Park. ix. Six hundred fifty thousand dollars ($650,000) for recreation building improvements, new and renovated basketball tours and basebalVsoftbali fields, and swimming pool renovations for Shenandoah Park. x.Five hundred thousand dollars ($500,000) 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 Ends 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 (5500,000) for shoreline improvements, seating and plazas for Lummus Park. ziii.Five hundred thousand dollars (5500,000) 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 tenni court and roller hockey facility enhancement at Peacock/Myers Park. xv.Five hundred thousand dollars ($500,000).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 (5450,000) for renovations and improvements to Williams Park. xvii.Four hundred twenty-five thousand dollars (S425,000) for renovations and improvements at Athalie Range Park. xviii.Three hundred fifty thousand -dollars ($350,000) for improvements and renovations at Robert King High Paris. xix.Three hundred fifty thousand dollars (S350,000)..for_;recreation buitdtng renovations =and swi , ng :pool facility_retiovations at Curtis Park. xx.T'hree hundred fifty thousand dollars (S350,000) for building enovat;cns and exercise course at Roberto Clemente Park. xxi.Three hundred fifty thousand dollars (5350,000) for renovations to building, ballfield and swimming pool facility and new playground and volleyball courts at West End Park. xxii.Three hundred thousand dollars (S300,000) for shoreline stabilization, new playground, exercise course, volleyball court and lighting at Pace Park. xxiii.Three hundred thousand dollars ($300,000) for improvements to the tennis center/restroom building, new tennis court and lighting upgrade for ;c R Kirk Munroe Park. a.. xxiv.Three hundred thousand dollars (5300,000) for building and ballfield renovations, playground expansion and security lighting upgrade for Allapattah Comstock Park. �= =. xxv.Four hundred thousand dollars ($400,000) for recreation building and ballfield renovations, new playground and new sports lighting at Fern Isle Park. xxvi.Three hundred twenty-five thousand dollars (5300_,00.0) for expansion, renovation and improvements at Buena Vista Park. xxvii.Two hundred thousand dollars (5200,000) for repair and renovation of Manuel Artime Center Theater, to improve handicapped accessibility, and exterior security lighting. xxviii. One hundred fifty thousand dollars ($150,000) for renovations and improvements to recreation building, ballfields and new sports lighting at Moore Park. xxix.One hundred fifty thousand dollars (5150,000) for renovations and improvements to recreation building, ballfields, playground and lighting at Grapeland Park, xxx. One hundred fifty thousand dollars (S 150,000) for building and court renovations, new fencing, playground and improvements at Belafonte-Tacolcy Center. xxxi. One hundred fifty thousand dollars (S 150,000) for recreation and parking improvements, playground expansion, fencing and sports lighting C at Reeves Park, xxxii.One hundred fifty thousand dollars (5150,000) for shoreline stabilization and site building improvements, indluding 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 ($150,000) for improvements and renovations at Dorsey Park. _ x)cdv.One hundred twenty-five thousand dollars (S125,000) for renovations, improvements and shoreline enhancements to Kennedy Park. - xxxv.One hundred twenty-five thousand (5125,000) for building and ballfield renovations and new playground and "fencing at Coral Gate Park. xxcvi.One hundred thousand dollars (S100,000) for softball field and basketball court renovations, new playgrounds and volleyball court at Southside Park. )ovMi.One hundred thousand dollars (S 100,000) for building and court renovations; playground and lighting for Bryan Park. x?Dmii.One hundred and twenty` thousand dollars (S125,000) for amphitheater renovations, playing'field improvements and new tot Iot for African Square Park. AOne hundred thousand dollarsI (S100,000) for court and ballfield renovations, new fencing; fighting and playground ai Arinbrister Park. xli.One hundred thousand dollars (Sl00,000) for new restroom facility, fencing, playground expansion, secuntyJsport fighting and irrigation at Henderson Park. xlii.One hundred thousand dollars (S1001000) for park expansion and improvcnents Band battfield'constncaon at Lenton City Park. xliii.One hundred thousand dolla%s (S 100,000) for park :�zpansion and site improvement at Maximo Gomez Park (Domino Park) azly One hundred i`Iiousand"tioil3ars {S100,000) fog new -playground, lighting �� and renorar:ors cfcourts, ballfeids and restroons at Riverside Park. xlv.One hundred thousand dollars ($ 100,000) for renovations and site improvements, including walkways and nature trails at Mice Wainwright Park. xlvi.One hundred thousand dollars (5100,000) for baywalk lighting at Bayfront Park. xlviii. One hundred thousand dollars ($100,000) for building renovations, new playground, court renovations and lighting upgrade at Bryan park. xlvix. One hundred thousand dollars (S100,000) for new fencing, playground and volleyball court and renovation of restrooms, parking " lot improvements and improved lighting at Sewell. Park. t - G. Six m0ion three hundred seventy-five thousand dollars ($6,375,000) to the City'of" Miami Beach in accordance with the following schedule: i.Three million dollars ($3,000,000) for beach and boardwalk renovation` -- and restoration. = a. i.i.Two million one hundred fifty thousand dollars (52,150,000) for - renovation of North Shore Open Space Park. iii.One million dollars ($1,000,000) for swimming pool renovation at municipal parks. iv.Two hundred twenty-five thousand dollars (5225,400) for rehabilitation of the Police Athletic League (P.A.L.) Juvenile Center at Flamingo Park. K Five hundred thousand dollars (S500,000) to the City of Miami Springs in accordance with the following schedule: i.Four hundred fifty-seven thousand dollars ($457,000) for municipal pool renovation at the Municipal Recreation Center. ii.Forty-three thousand dollars ($43,000) for Prince Field renovations. 1. One million dollars (S1,000,000) to the City of North Miami for the development of the North Miami Community Center. J. Two million eight hundred fifty thousand dollars (S2,850,000) to the City of North Miami Beach in accordance with the foilowing schedule: i.One million eight hundred fifty thousand dollars (S1,850,000) for the acquisition and development of the 167th Street Athletic Field. H.One million dollars (S I , 000, 000) for the development of the North Miami Beach Youth Enrichment Services (Y.E.S.) Center at Government Center, K. One hundred seventy thousand dollars (S 170,000) to the City of Opa Locka for the development of Segal Park. L. Three hundred thousand dollars ($300,000) to the City of South Miami for the development of the Murray Park Recreation Center. M. Five hundred thousand dollars (5500,000) to the City of Sweetwater for the expansion and/or development of Antonio Maceo Park. N. One hundred twenty-five thousand dollars ($125,000) to the City of West Miami florthe -a renovation and development of the recreation center and Cooper Park. O. Fifty million seven hundred thirty-two thousand dollars (550,732,000) to Dade County DMSA, in accordance with the.following schedule: i.Four million dollars ($4,000,000) for local park expansion at the following parks: a. One million five hundred thousand dollars ($1,500,000) for Carol City Community. b.One-million -five-hundred-thousand-dollar-s-(-$I-,-500,-000)-at- Gwen ve-hundred-thousand-dollar-s-(-$I-,500;000)-atGwen Cherry Park. c.One million dollars (S 1,000,000) for Cutler Ridge Neighborhood. ii.Five million dollars ($5,000,000) to Dade County DMSA for park pool development, including the acquisition of a family aquatic center for approximately two million dollars (S2000,000); and the renovation and upgrade of aquatic facilities for approximately five hundred thousand dollars ($500,00), each-at'Norwood; Gwen sherry; Cutler Ridge, -South Dade, A.D. Barnes, and Tanuami Parks, ua:'Fortycne riiillion seven htidrei� thtrt}%ttiousad �doltar`s (541,732;000) to i Dade County DMSA for local park development in accordance with the following schedule- a.Five hundred thousand dollars (5500,000) for neighborhood park development at Brentwood Park. b.One million eight hundred thousand dollars (SI,800,000) to complete park development, including a small community center and lighted athletic fields, at Rolling Oaks Park. c.One million dollars (S 1,000,000) to continue park development, including addition to existing recreation building and walkways a- -- along Oleta River at Highland Oaks Park. - =a - d.Seven hundred fifty thousand (S750,000) for park development, including recreation building, at Lames by the Bay Park. e.Eight hundred thousand dollars (5800,000) for park development including recreation building, at D= -wood Park. f.Two mullion dollars ($2,000,000) to complete park development with community footbalUsoccer stadium, recreation center, playground and athletic fields at Southridge Park. - One million five hundred thousand dollars (51,500,000) to continue park development, including community building, completion of softball complex and restroom/concession/storage building, at Kendall Indian Hammocks Park. h.Five hundred thousand dollars ($500,000) to continue park development with lighted soccer fields, tot lot and picnic shelter at Southern Estates Parka i.Eight hundred thousand dollars (S800,000) to continue park development, including recreation building, at Millers Pond Park. j.Nine million dollars (S9,000,000) for park and recreation land acquisition in West Kendall Area, with phase I district park development to include lighted ballfields, soccer fields, restroom/concession building and maintenance facility, for West Kendall Park. { k.Six hundred seventy-five thousand dollars (5675,000) to continue park development to include lighted soccer and multipurpose fields at West -wind Lakes Park. l.Six hundred seventy-five thousand dollars ($675,000) to continue park development to include multipurpose athletic fields, tennis courts, multipurpose courts, tot lot and picnic shelter at Country Lake Park. m.Eight hundred thousand dollars ($800,000) to continue park development to -include Iighted soccer fields, multipurpose courts, restroom/storagelconcession building at Country Village Park_ n.Two million six hundred eighty two thousand dollars ($2,682,000) for park development to include picnic shelters, walkway and jogging paths, recreation/fitness center and courts at Miami West Park. o. One million dollars ($1,U00,000) for further park development to include community center at The Women's Park. The following park projects -promote juvenile crime prevention: p.Three million dollars (53,000,000) to develop large recreation center in the Miami Carol City Park area. q. Seven hundred frf y thousand dollars (5750,000) to develop park to include multipurpose courts, athletic fields and upgrade of existing recreation center at Perrin Park. r.One million dollars (51,000,000) to complete recreation building and upgrade other park facilities at Goulds Park. s.Four million dollars ($4,000,000) for phase I development to include athletic fields, trails and picnicking areas at HAFB Recreation Area. t Onerailliondollars ($1,0.00;000) to initiate development of new community park at Royal Colonial Park: u Four mrilton five hundred thousand dollars ($4,500,000) to replace stadium field house, provide a baseball complex, upgrade equestrian center, electrical utilities and irrigation at Tropical Park. v.Two million dollars (52,000,000) to continue park development, including soccer Fields and recreation center expansion, at Tamiami Park. w.One Trillion dollars (51,000,000) for further park development to include recreation building, additional parking, landscaping and lighting of existing ballfield at Ruben Dario Park. Exhibit "B" 1. Nineteen million nine hundred thousand dollars (519,900,000) to the County Park and Recreation Department for the development, improvement, restoration, rehabilitation or acquisition of real property for beaches and Biscayne Bay access, in accordance with the foIIowing schedule: A. Three million dollars ($3,000,000) for beach restoration and dune renourishment, to be used as the local match for Federal and State of Florida funds in projects south of the County line to Government Cut. B. Five hundred thousand dollars (5500,000) for development, including canal improvements, northside restroom building and picnic area upgrades to Black Point Park. _ C. Two million dollars ($2,000,000) to initiate master plan development, including picnic shelters, fishing and canoe launch area at Chapman Field Park. D. Six million dollars ($6,000,000) for restoration and upgrade, .including garden areas, cabanas, picric areas, restr ooms, dockmaster's.building, and park traffic circulation features at Crandon Park. E. Four million dollars ($4,000,000) for upgrading restroom and lifeguard facilities, beach side picnic shelters, fishing pier reconstruction, Iighting and parking improvements at Haulover Park. F. One million dollars ($1,000,000) to renovate and upgrade atoll pool and picnic areas at Homestead Bayfront Park. G. Two million dollars (52,000,000) to renovate and upgrade the atoll pool, roadways and picnic areas at Matheson Hammock Park. . H. One million four hundred thousand dollars (S 1,400,000) for continued historic preservation, development of interpretive trails and bay shore access at Charles Deering Estate. 2. Fifty-seven million four -hundred fifty thousand dollars (S57,450,000) to the County Park and Recreation Department for the development, improvement, restoration, rehabilitation or acquisition of real property for regional parks, regional recreation or heritage facilities and natural area preserves, in accordance with the following schedule: A. One million five hundred thousand dollars ($1,500,000) to provide ADA Al co compliance at existing`regtonunty park facilities. B. Four million dollars (54,000,000) for the restoration or park and recreation natural areas and preserves to a maintenance level. C. One million dollars (51,000,000) for the complete facility development, including a new music hall, additional landscaping and access control for the African Heritage Cultural Arts Center. D. Two million dollars (52,000,000) for development of lighted soccer fields and multipurpose balIfields, sand volleyball courts for public recreation to serve northeast Dade and intramural for FIU Bay Vista Campus. E. Three hundred thousand dollars (5300,000) to upgrade facility for the Dade" County Auditorium to meet fire code provisions and provide general renovation. F. One million five hundred thousand. dollars (S 1,500,000) to continue renovation and upgrading of gardens, orchards, arbors and buildings for Redland Fruit & Spice Park G. Onemillion dollars ($1,000,000) to renovate and upgrade pool, shelter, ItI shuffleboard courts, install basketball court, tot lot, sand volleyball pit, recreation building, and for camping utility hookups at Larry & Penny Thompson Park. H. Twelve million dollars ($12,000,000) toward completion of the second lobe, "The Latin American Experience," at Metrozoo, in accordance with approved plans, to be implemented by the Dade County Park and Recreation Department in consultation with the Zoological Society of Florida. I. Two hundred fifty thousand dollars ($250,000) to initiate design and development for South Dade Cultural Arts Facility: J. Four million dollars ($4,000,000) for continued development of an education complex at Fairchild Tropical Garden, including new construction and bringing existing structures up to ADA and County building code requirements in accordance with approved Fairchild Tropical Garden master plan to be implemented by its Board of Trustees in partnership with the County Park and Recreation Department. K. Four million dollars ($4,000,000) for natural areas and for in -holding acquisition at the existing parks: a.Two million dollars ($2,000,000) for Charles Deering Estates Outparcels. b. Six hundred thousand dollars (5600,000) for East Greynolds/Oleta River D COTid0, c.Five hundred thousand dollars (5500,000) for Camp Owaissa Bauer addition. d.Five hundred thousand dollars (5500,000) for PLANT additions. e.Four hundred thousand dollars (5400,000) for Redland Fruit & Spice Park outparceis. L. Three inilIion dollars (53,000,000) to renovate and repair youth camp grounds, install irrigation, rehabilitate entry feature, install picnic shelters, and complete engineering on swimming hole restoration at Greynolds Park. M. Eight hundred thousand dollars (5800,040) for the initial acquisition,' design and development of an Hispanic Heritage Cultural Arts Facility. N. Four minion doilz a (S4,040,000) for the acquisition, planning, design and development of the former Parrot Jungle pro if made available for acquisition, to be P, gl P per implemented by "the County Park and Recreation Department or the County Park and Recreation Department in joint partnership with the Village of Pinecrest pursuant to interlocal agreemetrt. =. . O. One million eight -hundred thousand dollars (S 1, 800,000) for the implementation of the adopted South Dade Greenways Plan. . P. Two mullion dollars (S2,000,000) for the expansion and development of a' watersports center at the historic Virrick Gym site, with special emphasis on serving disabled persons. The following park projects promote juvenile crime prevention: Q. Six million dollars (55,000,000) for further park development with soccer fields, softball complex, a large recreation center and swimming beach at`Amelia Earhart Park: R. Three million dollars ($3,000,000) to initiate regional park development, including youth and .adult athletic facilities at Ives .Estates Park. S. Two million dollars (S2,000,000) to renovate and upgrade group cabins and lodge wtehen_and swinuning pool for youth groups at Camp Owaissa Bauer Park. T Three muton dollars (S3,000.00.0 for development of a Youth Education and Sports Facility in 64 CarohCrty