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HomeMy WebLinkAboutExhibit 16Amended r rcJ Alternate Agcnda Item No. 4(E) 7-16-96 ORDINANCE NO, 96-115 ORDINANCE AUTHORIZING ISSUANCE, SUBJECT TO APPROVAL BY SPECLA-L ELECTION, DF NOT EXCEEDING S20c,OK : Off GENERAL OBLIGA GN BONDS OF DADE COUNTY, FLORIDA FOR PURPOSE OF FINANCING CA.PIT-A.. INOROVENINT PROGRAM FOR CERTAIN PARKS, BEACHES, NAT UPAL AREAS AND RECREATION FACT MES; ESTABLISIM*4G A Y cri=s, ovEPqGHT commriTEE,,INCLUDING NMUEMSHIP AND POWERS TO ADNIINETER PROGRAM; DESIGNATING ENTITIES AND PROMM MG01Y, FOR FUNDINGx; PR0'rIDDMG'SEVER A3r1J1Y1 INCLUSION DN THE CODE, AND EFFEC= WEM-REAS, it islnec=sary and desirable toimprovethe quality cflifC, to b=efit property Values, to promote prevention ofjuvcnilc crime by providing positive rccr=fion opportunities, and to improve the recreation facilities for youth, adult, and smiior citizens in Dade County (the -County") through the improvement of neighborhood and regional parks an ' d the ,del L v = elopmt, rehabilitation, protection, restoration and acquisition of beach and natural arms ,A,rithim the County; and WHEREAS, the State o Flbri_4 fhC_'Cddnty ahJ"fhe ffa cl*- Ilics -within -Dadc County presently own and operate numerous parks and park facilities, natural ar=-,, and heTitage sites., which are in need ofimpro-vtment; and WHEREAS, the acquisition and capital improvement of State, County and municipal pa -ria, beaches, natural areas and rccrzatianal and heritage facilities bcacfif the entire population of"bothm"corporstied and unincorporated Dade County; and WHEREAS, at the same time that the Board considered this Ordinance, the Board adopted a resolution calling for z special election to be held in Dade County, Florida (the "Special Election") on Tuesday, Noycmber 5, 1 q496 For the purpose ofsubtn ittiig ro dle-eiectors-©f-the County the question of whether general, obligation bonds.not exceeding S.200,000,000 shall b -c authorized for a capital improvement program for 1n1PFDVCMCnt3 to, and the acquisition of, neighborhood and regional parks, beaches, natural areas and recreation] and heritage facilities; and A Arnen d ed Alterciate Agenda Item No. 4(E) Page No. 2 WHEREAS, the Board wishes 10 authorize the issuance of the Bonds subject to the referendurn, to establish a Citizens' Dversight 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• Findin . The Board finds that: (a) ... .. The purposes describ-t-di in the W iereas clauses are incorporated in the body of this Ordinance by reference. This Ordinance shall hereaftcrbc-known as the "Safe Neighborhood Parks Ordinance" and referred to herein as the "Ordinance". (b) It is criticsl that neighi>orhood and regional parks are restored and improved throughout the County tt? improve the overall quality of life of our communities, provide safe places for children to play and alternatives to gangs and gang activities, increase r=r=don a' portunties for senior citizens, and provide pleasant pla= for all reside= to enjoy rtuef>rorn . congestion and urban stress. y (c) The irnprovtmeM restombon, expansion, and enhanced safety of pari, op=.Spacc,� and recreation Iands and.facilities will help reduce crime, increase the attractiveness of ti e as a place in wFich to live and locate businesses, maintain sound economic conditions and a ` standard of livability in -the Cotuuy byin.^reasing property values,economic vity, ic acti, ernploymeat 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 Co' =ty, providing important rccrcai ion app4rniriitiea to aII residents of the ounry, especially children and senior citizens, and helping to protect air and water quality. (e) The Beard finds that the distribution of the funds for qualified projtcts must be done in a fair and organiz; d manner• Section 2, Illi o . As used in this Ordinance, the following terms mean: "Adininistmtivt Ezpensm" means all direct expenses incurred in administering the development and completion of any of the projects authorized and approved u.ndcr the terms of this Ordinance,• Administrative costs shall not include those adrruiustrative expenses incurred in the everyday operation of any Not -For -Profit Organization and Public Agency, which a.drninister a project funded pursuant to this Ordinance. "Btatcbe3%' means beaches open tc usr by all of the residents of the County. i Amended Alternate Agenda Item No. 4(E) 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 Arcs" 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 4 bxnizatioa" means any legally incorporated not-for-profit organization created under the Iaws of the State of Florida (the "State") and designated as a tax exempt entity - by the*tJruted States Internal Revenue Service, which has among its purposes the provision of park and re: reabon services, gang prevention and -intervention, trees -planting, or the conservation., and*preservation of lands for park, natural areas, scenic, historic, or open spaces, "Parks" mean those ureas of public land set aside for aesthetic, educational, rxrcztional, or cultural use by the citiz.eas of the County. "'Park and R:ccrteitiar Department" means the -Dade County Park and.Rccrcation Departme8t `s "Public Agency or Pubfic Agencies" means an agency or agcncfcs .or administrative division cir divisions of the Unated States govm=e4 the State of Florida, the Courity, or any municipality within the Coiutty. ' "Recr-extion and Hcritxge Facilities" mean those facilities that are managed by a Public Agency or Agencies that focus their programming on cuhural, historical, alucational and recreational activities. "St=te Park" measns a park owned or operated by.the Florida Department of EnvironmcntaI Protection, Division of R.xre..axion and Parks. "'Trust Account" means the separate interest br:aring account into which proceeds of the Bond program, as outlined in this Urdinancc, shall be deposited, "UMSA" means Unincorporate' Municipal Service area of the County, for which the County provides municipal services. Section In accordance with the provisions of the Dade County Home Rule Charter and the'gcnera.] laws of the State of Florida, including Chapfcn 125, 159, and 166, Florida Statutes, there is authorized to be issued, subject to the approval of the clectoratc pursuant to the Special Elcc-tion, gcncr-AJ obligation bonds of the County, in one or more sczics, in an aggregate principal amount not to cxcc= d Two Hundred tvi'illion Dollars (S2X,000,00X) outstanding at any one time (the `Bonds"). This ordinance also authorizes the issuance of other cvidcnecs of indebtedness in the form of anticipation notes or bonds in anticipation of the issuance `i Amended AAd t create Agenda Item No. 4(E) 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 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 staled 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 determiner) 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 ianprovcments to Parks, Beaches, Natural Areas and Recreational and -Heritage facilities, in the manner set forth in this ordirtancc, it amounts not to exceed the Following: (a) Municipal ger capita allocation and direct grants for spl:—Iinc projects: One hundred seven m lion nim hundred and fifty thousand dollars (5107,950,044) for grants to'P* u'bIic Agencies and Not For --Profit Organizations for the development, improvement, rehabibmtiorq =` ' restoration or acquisition of real property for Parks and park safety; youtk adult and senior*: . citizens' recr cation facilities, Beaches, Feznways, trails, and Natural Arms in accordsncc:with the follow# schedule: (1) Nineteen tcziilion nine hundr- d fifty th.ausand .dollars (S•19,950, 000) for grams toe incorporated municipaii6es and iTMSA (Unincorporated Municipal Service Ares) within ths�County, in accordance to the following schedule; (i.) Nine trulIion s&vcn hundred thousand dollars (59,70a,D00)-to divide on a per capita basis among the municipalities duly incorporated on the effective date of this Ordinance. iii )_ �mn_tnilIianxwo.hundred,fzfty.thousand dnitars (510,?50,000� to UMSA as its -municipal share. (2) Direct grants for specific prdjects; rEighty=cight trillion dollars (588, 000,040) for -dtrxt grants to municipalities and UMSA, in accord.anrx with the schrdulc ansched as Exhibit "A" and incorporated in this Drdi=ce.by rofcrenea. (b) Grants for Specific Regionad Projects: Seventy-seven million nfty thousand dollars .(577,050,040) to the County Park and Recreation Department for the development, improvement, restoration, rehabilitation or acquisition cf real property forkegional Parks, Bcachcs.and_Bcilities, Naturztl Arca t Preserves and grcanways and trails, in accordance with the schedule described in Exhibit "B". (c) Challenge Grants: Fifteen million (515,600,440) for challenge grants to Public. Agencies and Not-For-Profir Organizations in accordance with the following schedule: A.mcnd cd Alternate Agcnda Item No. 4(P✓) Page No. 5 (1) Seven million dollars (57,000,000) for challenge grants to Public Agencies and Not -Far -Profit Organizations For land acquisition, construction and development of youth recreation and service facilities. (2) Eight million dollars (58,DD0,000) for challenge grants to Public Agencies and Not -For -Profit Drganizations for natural areas, recreation and open space land acquisition and development. Section 4. Administration. (a) The Citizens' Oversight Comrutt= A Citizens' Oversight Comer knee "Committ=-) will.be farmed to oversee the disbursement of -the process from the sale of the Bonds. The Committee will have dime= (13) members; one residing in each oFDadc County's thirteen commission districts. Members of the Committee shall be residents of Bade County who- possess outstanding:rcputarions for civic pride, integrity, resgomz-b ry and business or _:_W� ,.. professioasi ability and experience or interest in the fields of recreation, conservation of natural-: . :esourcw or land use panning. The Commi== and the Nominating Committce, 8s defina3,r below, wilt be comprised of members who arc representative of the geographic, ethnic, racial d Sender mak.—cup of the County. (1) Selection. M=bcrs of the Committee shall be nominaLed and appointed in the manner set forth in this subsection. The Board of County Cor-mmsiene—_ of Dade County, Florida shall appoint a norr-d=ting committer (the "Nominating Committee") comprised of twenty-thret- (23) memo-ers as follows; (i) Six (b) representatives of the State, County or municipal government, which shalll ,include the folio wing persons or their dexigac::s_ the Sate Attorney for the Eleventh Judicial Circuit, the Superintendent of the Dade CountycixxiI Board, the Dade County Manager, and the Ex=rtive Director of the Dade Lvaguc of Cities; (ii) Twelve (12) rcpr=s= ativcs of civic, not-for-profit organizations, which shall include the follovring persons or their designer: Chairman of the United Way, President'of Tropical Audubtcn Society, President of Citizzias for a Better South Florida, Dire --tor 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 CAviACOI , President of the Miami -Dade Branch NAACP; President of Bap=-Ivi"iiii. ets COunGil of Greater Miami and Vicinity; and the Executive Vicr- President of the Rabbinical Association of Greater Miami; (iii) Five (5) representat=ives of civic, not -For-profit organizations dedicated to promoting and conserving the environmental or recreational resources of this _ . Amended Atcrnatc Agenda Item No. 4(E) Pagc No. 6 community, which shall include the following persons or their designees; President DF 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 Comnn ru ; however, the Board may request additional nominations. (Z) Term. The Committee. members shall serve two year terms, and may be reappointed. The terms shall be staggered, with the representatives of the evenly-riu'mbercd districts scheduled for rcplaccmcnt or reappointment after the first year. Members of the Coa=itte-- shall not br compensated for their services. y (3) Powers and duties. The Commute- shall have the following powers and dutics: Ci) to overs= the -deposit and disbursement of the Bond proczmss ih accordance, with the terms of this Ordinance; F. (ii) to issue solicitations for all grants, to evaluate, dis.qualuy, anal rank _chaIIe:nge grant proposals, and to recornmend the a wd of g== m accordance with the t6nns of this Ordinance; (iii) to identify funding to reimburse the County for the reasonable costs of providing staff to the Ca mitt=, in the prod. -ss 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 authcrize:d:by.this QrdinsncL; (iv) to promulgate rules consistent with this C}rdinancc for the conduct of its me eings and the discharge of its responsibilities; (v) to.perform such other functions as are sct forth for the Comrnittx in this Drditmcc, (4) Deposit of Bond Prods. A1I procaeds of the sale of the Bonds shall be delivered to the Director of the I~inancc Department of Metropolitan Dade County who shall .deposit those proceeds in the Trust Account, not to be cornrningled with other funds of the County, to be disbursed solely for the putposea 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 Committ=. (5) Staff. The County Manager and the County Attorney shall provide to the Amended Al t ernaf e Agenda Item No, 4(E) e Page No, 7 Committee adequate staffand support services to enable the Committee to can,, out its duties and responsibilities. Section 5. 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 (I%) percent. .(b) The following provisions of :his Section 5,{b) shall apply to all grants to be awardexi pursuant to this -Ordinance; { 1) Individual applications for grants or per capita allocations pursuant to Section 3 - shall be submitted to the Co=iittec for approval as to conformity with the ' requirements of this Ordinanc `and for Corl=tt= review and rerommcndation. The application shall be accompanied by an authoriing resolution from the governing body of the appk=.Public Agency that the project (or projcets) for which tfie grant or allocation is sought is an important park and rccrmtion,project (or.projects) which will benefit all residents of Dade Couaty and that operating, management and programming funds are included in budget. (Z) Not more than seventeen perc,-rtt (17%) of monies awarded under arty grant may be utilized for prqjecplannin& design and administration. (3) The interest earned on prods of the Bonds which have, been sold but not allocated ihzE be used for acquisition ofpar-k, open,spacr and natural .areas to meet the future meds .Df the growing population of Dade County. .Requests for use of that interest funds may be made to the Committee by Public Agencies and Not -Far -Profit Drganiza6ons, with all title vesting in a Public Agency. (4) 'After approval of this Ordinance by special election, administrative rules gcvcrning the implementation of the- Ordinance shall be prepared by the County Manager. Such rules shall include a timeline for the grant programs identiEcd in Sccticn 3 of this Ordinance, criteria and pmecdures.for evaluating such grants, notification of affected public Agcnci= and Not -For -Prof t Otgmn zations of the proposed critzria- and -proscdurca and -of the -dates of. -public workshops to be held throughout the County for the purpose of roving public input on the proposed criteria and procedures, After at least one public workshop for cash of the grant programs referenced in Section 3, the Committee shall adopt final criteria and procedures for cvaluating grants for each program, and shall notify affected Public A.gcncics and Not -For -Profit Organizations as to the application timeline, criteria and proccdures for evaluating challenge grants for cacti program. Grants shat! be Amended Alternate Agenda Item No, 4(E) Page No. 8 awarded by the Board of County Commissioners upon recommendation of tnc Committee in accordance with this Ordinance and the rules adopted in accordance with this provision. (S) A Public Agency may enter into an agreement with one or more Not -For -Profit Organizations for the purpose of carving out a grant pursuant to this Drdinance, 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. (7) Each Public Agency shall make every cffort to work with Not -far -prof t Organizations with a demonstrated history of youth employment and training, gang prevention and intervention, and environmental preservation and land conservation. (8) Funds that arc granted pursuant to Section, 3 for the purp•oscs of development, improvcmant, r fi bLitation or restorzt on'shall be exp-tded for th= purpases only on lands owned or ]cased by a Pubiic-Agcncy. Funds may also, be udiized for projects of -lands for which the Public Aq--rcy holds a lease or other use agr= eat for an unexpired minimum term of 25 years. r (9) In projects where funds are allocated ptirsu.ant to Section 3 for park and facility development, every criort shall'bc made to rise non-invasive, drought -resistant, or xetiscapc landscape material, water-cons,_r ,, ng irrigation systems and energysficicrtt fk-turm, except when such use can be shown to be unfeasible. When projects involve the rehahilitaticn of existing irrigation systems or the creation OFaew irrigation systems, reclaimed water shoWd be used whenever possible and priority shall be givzn to development of re�clairncd water irrigation (IO) . The nunimum amount that an applicant tray request for any individual project is trn thoumnd dollars (S 10, D00), Any agency may allocate all ora 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 purposcs, (i 1) Funds made avallabie for approved projects from grants shall be expended or cneurn5trcd by the recipient within the ycsrz of the date when such funds arc first -made available unless an extension is authorized pursuant to the express terms of thi9 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 A,n cn d ed Alternate �" Agenda Item No. 4(E) Page No. 4 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 acquisitidn of property, priority shall be given to acquiring land for _. .. -.. ar recreation .or natural areas . purposes. to _densel. o ulat e,_tsnderserved. areas.:..__ . P k,- P � y..p .p - - ..... with documented deficiencies in park, recreation or open space oppommi6es. (12) The scope of each per cspita project, shall rcrnain 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 modifc;edom shall be subject to`spprow.l by the Conmiktat. The-Ul amount allocated for a specific project as detailed within the application and this Ordinmc: shall be use for the designated project and not transferred to another project. (13) If Bond pFoceds have not been expended or enc=bcrcd iyithin the periods allowed, the rc6pient agencies may submit to the Committee for review and approval in its discretion a plan for expenditure or enc:=branec of the funds in accordance with the purposes of ,:his Ordinance within the municipality or ares 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) alhove, the following provisions shall apply to challenge grants to be awarded pursuant to Simon 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 cxtension not to cxcaed two (2) years beyond the dirt; -year time limit for expenditure or encumbrance of grant funds may be authorized by the Committ= for mzsonab c cause. (3) Thesc grants shall be limited for acquisition of lands for public use, and improvements or development to publicly owned lands and.facilitics. (4) Pursuant to Section 3 (c) (1), an amount not to exct.'Cd seven million dollars (S7,000,000), shall be dedicated to park, recreation and open space acquisition and Amended Alternate Agenda Item No, 4(E) Page No, I o 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 serviccs. (5) In the evaluation or grant applications pursuant to Section 3(c)(1), priority shall be given first to correct vestiges of past discrimination and second to those which meet one.or more of theJollo wing 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 faciiity 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) G,, s for, Specific County and Municipal Projects. In addi anttion to those provisions contained in Se=ion 5(b) above, the following provisions shall apply to the grants for specific County and municipal prtsjects to'be awarded pursuant to Sections 3 (a}(2) and 3 (b) of this ordinance. (1) Thesc grants shall be limited for acquisition of lands for public use, and improvements or development to publicly cn nmtd lands and facilities for the purposes sat forth in Sections 3 (a) (2) and 3 (b) of this Ordinance. (2) An extcmion not to =--td two (2) years beyond the three year time limit expenditure or encumbrance of grant funds may be authorized by the Committee for reasonable cause. Sectjqri 6, Disbursetncnt of Funds. (a) No funds autho izcd under Section 3 may be disbursed to any recipient unless the recipient agrees: (1) That grants for all programs in Srcticrn 3 shall be made availabic at least once every twelve (12) months with public notice from the County. (2) To maintain and operate in perpetuity the property acquired, devclopai, improved, rehabilitated or restored with the funds, except where Icascs arc in effect. The recipient or its successors in interest in the property may transfer the responsibility to maintain and operate the property to another Amended Alternate Agcnda Item No. 4(E) t Page No. l I Public Agency or another Not -For -Profit Organization in accordance: with this Suction. 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, publicwithout discrimination a-- to -race, color, gender, age, religious belief; residence, nztional 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 cati-,er evidences of ..,_,;: indebtedness issued for purposes of this Ordinance, each recipient of funds pursuant to this Ordinance coven= to comply r ith each •appii=ble- - requirement of Section 103 and Sections 141 through 150 of the lrttmmal R.eucnue Code of 1985, as amended. Each recipient of funds- shall agrees in writing to the condi6o= specified in parag?aphs (2), (3), and (4) of this Se tion. _ •.:�., The conditions speciEeed in paragraphs (2), (3); (4) and (5) oftnis Section shall not prevent the transfer of property acquired, devcloped, improved, rehabilitated or restomd with funds authorized pumiant to Section 3 of this Ordinance from the recipient to any other Public Agency, to a Not -For -Profit UrgAn maLion authorized to acquire, dcydop, improve or restore Public real property for park wildlife, recreation; open spas; or gang prevention andtntcrvc:ntion 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 rccre$tion purposes. If the use of the property acquired through grants pursuant to this Ordinancz 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 o� an amount equal to the (1) amount of the grant, (2) the fair rnarkct value of the real property, or (3) the proc---.�ds from the portion of such property acauircd, developed, improved, rt~fiiiHitated or restorred 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 iii that c tcgory. If the property sold or otherwise disposed of is I=s than the entire interest in the property originally acquired, developed, improved, rehabilitated or restorcd with the grant, an amount _> Amended Alternate Agends Item No. 4(E) Page No. 12 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 Servicc or the Statc 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. Propertv Acquisition. (a) All real property acgtiire�d pursuant to this Ordinance shall be acquired in compliance with Bade County Administrative Order 8-4 and Florida Statute 125.355, and sll' other applicable laws. Funds disbursed to a Public Agency other than tht County m a=rdsticir with Section 3 shall be expended by that agency pursuant to an InterIocal agreement with'`"' e}; Metro -Dade County. (b) For the purposes of this Ordinance, acquisition may include gilts, purchases, f leases, eas.—meats, the =ercise of erninent domain, the transfer or exchange of property of HL—. 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 acc.:pted and received on behalf of the agency pursuant to-theapp5cabie Administrative Order of the County. The grants, gifts, devises or bequests shall be available for expenditure for the purposes speoificd in Section 3 .. herco£ (a) Reasonable public access to lands and facilities funded by this Ordinance shall not be denied, exccpt where that access may interfere with resourc:. prote-tion. (b) All funds allocated pursuant to this Ordinance for projects involving the rehabilitation or restoration of bccachr, 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 car icd out. (c) To the mnxmum extent feasible, Public Agencies and riot -For -Profit Organizations shall be encouraged and have authority to use funds rcecivcd pursuant to this Amended Alternate Agenda Item No, 4(E) Page No. 13 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 1}adc County Department of Environmental Resources Management (DER -M) any proposal for the acquisition of those lands pursuant to this incisure, DERM •may, xt its discretion, within ninety (90) days of such a submission, review the proposed acqluisitiorn, make a detesnzination as to the State's misting or potmitial interest in the lands, and report its findings to:.,. the entity inakiing the submittal and to the County Manager. (b) . No wetlands or riparian habitat acquired pursuant to Section 3, shall br used as 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 constnitc! as authorizing the condemnation of publicly -owned lands." Section 10. Bond Coital . (a) Pursuant to subdivision (c) of Section 5505.9 of the Public Resourc.-s Code, no procmds from any Bdrids, ndtes or other evidences of indebtedness -issued by Dade County shall be used for any operations, ma.intcr=cr. or servicing purposes, except that such pros-cds may be used to pay all costs incidental to the preparation and issuance of the Bonds. (b) The amounts of all allocations designat::d in Section 3 arc gross amounts, and shall be reduced not more than one pv-r--nt (I%) for the costs of the overall adminis=ivc expenses of the Bond. MIRMEWARVII +t It is the intent of this Ordinance to product 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. Section 12. Sala ofl3onds. The Bonds may be issued either all at one time or in part from time to time as the Board of Amenued Alternate Agenda Item No. 4 (E) Page No. 14 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 fatly with the pragram's auditors. The Conuni:ttcc shall have the right, in its sole discretion, to require recipients of any grant tc retain the services of u 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 asr=ments shall include an acknowledgment by the recipient that the Commitet- 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 of ecied by such invalidity. Section 15, It is the intention of the Board of County Commissioners, a-riyit is Nerdy 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 Grdimnce may be renumbered or relencred 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 rem --lies provided by law to any Persian 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. Prepared by: