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Home My WebLink AboutR-09-0461Vop City of Miami Legislation < U R �O Resolution: R-09-0461 File Number: 09-01055 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 9/29/2009 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING AND APPROVING THE AMENDED OMNI REDEVELOPMENT PLAN, ATTACHED HERETO AND INCORPORATED HEREIN AS "EXHIBIT "A", (HEREINAFTER, THE "PLAN"), AS AMENDED TO INCLUDE THE PORT TUNNEL AND MUSEUM PARK PROJECTS, ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBITS "B" AND "C" (HEREINAFTER, COLLECTIVELY, THE "PROJECTS") (HEREINAFTER, THE PLAN, AS AMENDED TO INCLUDE THE PROJECTS, SHALL COLLECTIVELY BE REFERRED TO AS "THE AMENDED 2009 PLAN"); ACKNOWLEDGING THAT THE PLAN IS IN CONFORMITY WITH THE CITY'S COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE CITY; ACCEPTING THE EXPANDED BOUNDARIES AS SET FORTH IN APPENDIX "C" OF THE AMENDED 2009 PLAN; DIRECTING THE CITY MANAGER TO TRANSMIT THE AMENDED 2009 PLAN TO THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS FOR APPROVAL; INCORPORATING THE EXPANDED BOUNDARIES IN THE AMENDED 2009 PLAN; AND FILING THE LEGAL DESCRIPTION OF SAID BOUNDARIES, WITH A REVISED MAP, WITH THE CITY CLERK, PURSUANT TO APPLICABLE LAW, UPON THE APPROVAL AND ADOPTION OF THE AMENDED 2009 PLAN BY THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS; FURTHER AUTHORIZING THE EXPANSION OF THE EXPANDED BOUNDARIES, IF AND TO THE EXTENT NECESSARY, TO INCLUDE THE PORT TUNNEL PROJECT, IN ACCORDANCE WITH THE FINDING OF NECESSITY. WHEREAS, in accordance with Chapter 163, Florida Statutes, the Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects in accordance with a redevelopment plan, originally adopted in 1986, as it may have been amended prior to the approval of the Amended 2009 Plan, as defined below, (the "Redevelopment Plan"); and WHEREAS, on December 31, 2007, the City of Miami ( the "City"), Miami -Dade County ( the "County"), the Southeast Overtown/Park West Community Redevelopment Agency, and the CRA entered into an interlocal agreement, which provided for, among other things, the expansion of the boundaries of the CRA, the extension of its life and the inclusion of the Projects as projects eligible for CRA tax increment financing ( the "Interlocal Agreement"); and WHEREAS, in furtherance of the Interlocal Agreement, on December 31, 2007, the County, the City and the CRA entered into the First Amendment to Interlocal Cooperation Agreement dated June 24, 1996 by and among the County, the City and the CRA (the "First Amendment to CRA Interlocal") which provides for, among other things, the City and the CRA to prepare and consider an amendment to the Redevelopment Plan "which amendment shall (i) extend the life of the CRA to March 31, 2030; (ii) expand the boundaries of the CRA; and (iii) add the Port Tunnel and the Museum Park as projects eligible for CRA tax increment financing"; and City of Miand Page I of 3 File Id. 09-01055 (Version: 2) Printed On: 6/29/2017 File Number: 09-01055 Enactment Number: R-09-0461 WHEREAS, subsequent to the adoption of the Interlocal Agreement and the First Amendment to CRA Interlocal, the City Commission resolved to proceed with the Museum Park project and authorized the City Manager to execute leases, development agreements and environmental remediation agreements with the Miami Art Museum of Dade County Association, Inc. and the Museum of Science, Inc. (the "Museum Park Documents") by Resolutions No. 08-0707 and 09-0258, 09-0259 and 09-0260 adopted December 11, 2008,and May 28, 2009, respectively (the "Museum Park Resolutions"); and WHEREAS, the Museum Park Documents and the Museum Park Resolutions contemplate that construction of the park component of the Museum Park project will be funded from CRA tax increment funds; and WHEREAS, subsequent to the adoption of the Interlocal Agreement and the First Amendment to CRA Interlocal, the City Commission resolved to proceed with the Port Tunnel project and authorized the City Manager to execute the Master Agreement among the City, the County and the Florida Department of Transportation (the "Port Tunnel Agreement") by Resolution No. 07-0698, adopted December 13, 2007 (the Port Tunnel Resolution"), which resolution contemplates that the City's financial obligations under the Port Tunnel Agreement will be funded from CRA tax increment funds; and WHEREAS, as a result of the Interlocal Agreement, the First Amendment to CRA Interlocal, the Museum Park Documents and Museum Park Resolutions, the Port Tunnel Agreement and the Port Tunnel Resolution, the CRA, in cooperation with the City's Planning Department and City departments and agencies, as well as input from stakeholders of the CRA, updated the Redevelopment Plan, and prepared the Amended 2009 Plan, as amended to include the Port Tunnel and Museum Park projects described in "Exhibits B and C" attached hereto ("Amended 2009 Plan"); and WHEREAS, the Amended 2009 Plan addresses the requirements of Section 163, Florida Statutes, including, but not limited to: general design standards, zoning and planning changes, land uses, demolition and removal of structures, improvements, redevelopment, rehabilitation, and specifically identifies funding through possible public and/or public/private partnerships for several projects, including the Projects; and WHEREAS, the Plan was submitted by the CRA to the Miami Planning Advisory Board (the "PAB"), the local planning agency for the City, for a finding that it is in conformity with the City's Comprehensive Neighborhood Plan, and at its meeting of July 15, 2009, following an advertised public hearing, the PAB adopted Resolution No. PAB 09-00715, by a vote of six to one (6-1), finding the Plan to be in conformity with the City's Neighborhood Comprehensive Plan and recommending approval of the Plan; and WHEREAS, the CRA has accepted Amended 2009 Plan and recommends its approval; and WHEREAS, the Amended 2009 Plan extends the CRA boundaries as set forth in Appendix "C"; and City of Miand Page 2 of 3 File Id. 09-01055 (Version: 2) Printed On: 6/29/2017 File Number: 09-01055 Enactment Number: R-09-0461 WHEREAS, upon approval of the Amended 2009 Plan, the new boundaries contained in the Amended 2009 Plan must be filed, with an updated map, with the City Clerk, pursuant to applicable law; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City and its inhabitants to accept and adopt the Amended 2009 Plan, and to submit and recommend the Amended 2009 Plan to the Miami -Dade County Board of County Commissioners for their approval; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Amended 2009 Plan is hereby approved and the City Manager is hereby directed to submit the Amended 2009 Plan to the Miami -Dade County Board of County Commissioners for their approval. Section 3. The CRA boundaries, as set forth in Appendix "C" of the Amended 2009 Plan are accepted. Section 4. The new boundaries, with a revised map, shall be filed with the City Clerk pursuant to applicable law upon the approval and adoption of the Amended 2009 Plan by the Miami -Dade County Board of County Commissioners, subject to further expansion of said boundaries, if and to the extent necessary, to include the Port Tunnel Project, in accordance with the Finding of Necessity, which expansion is hereby authorized. Section 5. The City Manager is directed to implement a goal of fifty -percent (50%) of the jobs for the construction of the Park component of the Museum Park Project to be provided to residents and businesses within the City and the City CRAs. Section 6. The City Manager is further directed that should there be a request to the City for an amendment to the Port Tunnel agreement, the request is required to be considered by the City Commission for at least a ten -percent (10%) local participation in the Port Tunnel Project by residents and businesses within the City and the City CRAs. Section 7. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1 } Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the mayor vetoes this resolution, it shall become effective immediate upon override of the veto by the City Commission. City of Miami Page 3 of 3 File Id. 09-01055 (Version: 2) Printed On: 6/29/2017