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HomeMy WebLinkAboutExhibit 7ORDINANCE IN 0. 96-1i6 OR.DIINANCE kMOR.LZM ISSUANCE, SUBTECT TO APPROVAL BY SPECIAL ELECTION, OF NOT EXCEEDING S200,000,000 GENERAL OBLIGATION BONDS OF DADE COUNTY, FLORIDA FOR PURPOSE OF FIIgANCING CAPITAL I3A?kOVE_MlN`T PROGRAM FOR CERTAY P.kRKS, 3EACHES, NATUPLU AYMkS AND RECRF_ATION FACff.=S; EST.kBLISl3NG A CII-MENS'OVERSIGHT COMMITTEE, INCLUDDiG : M .JVSERSffi? AND POWERS TO ADI IM'ISTER PROGRA f; DESIGNATING ENTITIES AND PROJECTS ELIC:M4 FOR FUNDING; PROVIBILITY DING SEVERA, NCLUSION IN THE CODE; AICD EFFECTIVE DATE. WEMREAS, it isntctssary and desirable to improve the quality of life, to bene& property values, to promote prevention of juvenile crone by providing positive recrta6on oppon, mines, and to improve thae rc; rection facilities for youth, aduE, and senior citizens in Dade County (the "Couatyl) through the improvetizent of neighborhood and regional perks and the development, rehabilitation, pmtxtion, restoration and acquisition of berth acid naw -al Lr= within the County; and WHEREAS, the State of Florida, the County aced the municipalities within Dade County ... presentfy ow -n and operate numerous parks and park facilities, natuai arers, End hm. itz-ge sites, which are in need of improvement, and WHEREAS, the acquisition and capital improvement of State, County and municipal parks, beach 'M natur1j areas and recr=6onal and heritage facilities xnefft the entire population of both incorporatd and unincorporated Dade County; Lnd WHEREAS, at the same time that the Board considered this Ordinance, the Board adopted a resolution oiling for a special election to r held in Dade County, Florida (the "Special Election") on Tuesday, November 5, 1496 for the purpose of submitting to the electors of the County the question of whether general obligation bonds not exceeding S200,000,000 shall tY authorized for a capital improvement program for improvements to, and the acquisition o& nei hft itaod tnd ragiorW parks, beaches, natural ares and rtantional and heritage &cihas; Lid ,+�rnendd i :k geaoa Item No. 4(�) 7 -16 -?6 ORDINANCE IN 0. 96-1i6 OR.DIINANCE kMOR.LZM ISSUANCE, SUBTECT TO APPROVAL BY SPECIAL ELECTION, OF NOT EXCEEDING S200,000,000 GENERAL OBLIGATION BONDS OF DADE COUNTY, FLORIDA FOR PURPOSE OF FIIgANCING CAPITAL I3A?kOVE_MlN`T PROGRAM FOR CERTAY P.kRKS, 3EACHES, NATUPLU AYMkS AND RECRF_ATION FACff.=S; EST.kBLISl3NG A CII-MENS'OVERSIGHT COMMITTEE, INCLUDDiG : M .JVSERSffi? AND POWERS TO ADI IM'ISTER PROGRA f; DESIGNATING ENTITIES AND PROJECTS ELIC:M4 FOR FUNDING; PROVIBILITY DING SEVERA, NCLUSION IN THE CODE; AICD EFFECTIVE DATE. WEMREAS, it isntctssary and desirable to improve the quality of life, to bene& property values, to promote prevention of juvenile crone by providing positive recrta6on oppon, mines, and to improve thae rc; rection facilities for youth, aduE, and senior citizens in Dade County (the "Couatyl) through the improvetizent of neighborhood and regional perks and the development, rehabilitation, pmtxtion, restoration and acquisition of berth acid naw -al Lr= within the County; and WHEREAS, the State of Florida, the County aced the municipalities within Dade County ... presentfy ow -n and operate numerous parks and park facilities, natuai arers, End hm. itz-ge sites, which are in need of improvement, and WHEREAS, the acquisition and capital improvement of State, County and municipal parks, beach 'M natur1j areas and recr=6onal and heritage facilities xnefft the entire population of both incorporatd and unincorporated Dade County; Lnd WHEREAS, at the same time that the Board considered this Ordinance, the Board adopted a resolution oiling for a special election to r held in Dade County, Florida (the "Special Election") on Tuesday, November 5, 1496 for the purpose of submitting to the electors of the County the question of whether general obligation bonds not exceeding S200,000,000 shall tY authorized for a capital improvement program for improvements to, and the acquisition o& nei hft itaod tnd ragiorW parks, beaches, natural ares and rtantional and heritage &cihas; Lid L U' :,nnual Ccst in Current Da112rs p L1 b C O v Q gN \ (n CL O CD li,W J. -11 CDAlp cr 0 . m.� m Pi d� ' CD :`��cnded Al t et^.ate renda Iten '.";o. -(E) P_ge No. 2 WHEREAS, the Board wishes to authorize the issuance of the Bonds subject to the referendum, to establish a Citizens' Oversight Comrrtint! to adnirister the capital improve n ent ! progr_n, and to designate those entities and projects , 'tdch w li be eligible for funding; KOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COM.VISSIONEFtS OF D.4DE COUNTY, FLORIDA, that: Section I. Findings. The Board Ends that; (a) The'purposes described in the Whereas clauses are incorporated in the body of this Ordinance by reference~ This Ordirtance sh" hereafter be known as the "Safe Neighborao_od Parks Ordinance" and mferr.,'�d 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 fife of our communities, provide safe places for children to play and altzmitives to gangs and gang activities, mere= recreation . oppommities for senior citiz_a Lad provide -pleasant places for LIl resideats to enjoy reiitf fmm., : congestion and urban stress. - (c) Tice impmvemetit, restoration, expwnsion, and enhanced safety of pati, open .spice and recreation lands and.5ciiities will help reduce crime, Mi crease the attracti =ess of the Couzrtyy' as a place in which to live and locate businesses, maintain sound economic conditions and a high."" suandard of livability in the County by �g Property values, economic acs ity, employm= opportunities and tourism throughout the County. (d) The protection of beach, park, recreation and =ural arms is vital to the quality of life in the County, providing important recreation opportunities to Lll residents of the County, asp --malty children and senior citizens, and helping to protect sir and ware- qusB -ty. (e) The Board "ands that the d4tribution,of the 'ends for quLliged projects must be done in a fair and orz=Lzed min—w. Section Z. Definition. As used in this Ordimunce, the following terns rtsean_ "Administrative Expenses" means Ll1 direct ezpcnsas incurred in adtrun ering the development and completion of any of the projects authorized and approved under the term of this Ordinance. Administrative costs shall not include those adrntnist+dve expenses incurred in the everyday operation of any Not -For -Profit Organization and Public Agency, which sdminisger a project funded pursuant to this OrdinLnce. "Searches" means beaches open to use by all of the residents of the County. - 1 Altcrn$te Agenda Item No. n,'EE) Fate No. "General Fund" means those r5wnds raised, prirnarily trLrougn ad valorem t: es, fees 2-,d 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 fiends or accourtt Zrot:ps. "Natural Arta" means an environmentally sensitive area, usually containing a narurJ Sores community, freshvv'ater or coastal wetland and managed to rnaint_in and enhance bioiogical values. "Nat -Far -Profit Organization" means any legzRy incorporated not-for-profit organization created under the laws of the State of Florida (the "State") and designated as a = exempt entity by the United States Internal R„ -venue Service, which has among its purposes the provision of park and rax-,ation services; gang prcvcirtio:i uxi intervention, tr plaatirg, or :he cot rvEtion and-presrrvation of lands for park, natural ams; scenic, historic, or op --n spaces. "Perks." mean those ar . of public land set aside for taetic, educational, m—c''.stionai, or cultural use by the citiz,eiiis of the County. ,,?v* and Retxeition D4-pirtmeat" means the Di}de Comity Park and R=eaiion Departstwt "Public Ageacy_or.gttb5c Apacies" teams an urgency or agencies or adt�inistrstive divisiaii or divisions oFtiie Unite i States govertuveitf; the State: of Florida, the Co:utty, or any nunicigality - . .. _ - "Rtcrritioo ihd Efaritzge Fici des" mean those facilities that are mznaged by a Public A_Send or Agencies that focus their progrLnuning on cult,.z-al, historical; educational and r.� maziontl activities. "State Ftric"' ineizzs a F� owaed or -'operated by the Florida Department of Enviroam;xitzl Protection, Division- oi'Recrca ion sniff Parks: "Trust Atcouat" me= file separate interest bearing rrtount into which pros --.,.s of the Bond program, as outlined is this OrdL' nee, shad be deposit. "UMSA" meas Uiuricorpoiated Ivitinicipal S6tvice'area of the County, for which t<he County provides .municiv 1. sen ices. Scctrocs 3�.:* Bonds In coardstice :with the provisions of the Dade C=ty.Home Rule : Charter ani th `eral lass aiiie State-affioids, rtdztz;'lispters 125,. I54, aad.166; Florida.Stae is authoiii'tousued s�Bjoct t� °ti:tpprorl oftlreieciorste. .of W1, eAd6hc .of ln*izd`iss is tie form of an6#itioii't oto oi_1xi-0s`in aiiticipt Bon. s, to I Q mended r lte:-n to Agenda Item No. Page No. 4 of the Bonds. The Bonds sr -111 be p-J•able fron unlimited aJ vajcre;n taxes levied on air l - ble property in the County "�, thout limit as to rate or amours, the fLj1 faith and credit of the County being pledged to the payment of pr,'ncipal of, redemption pre-mium, if any, zlzd !merest on the Bonds. The Bonds shall bear in --rest at such rte or rates, not exceeding the m-mun rate of immst perrmimed by la -"V at the time of their sale, sh-0 be stated to manure on a date or dates not exceeding rorty (40) years from the date of issue, shall be subject to redemption acid shall have such other teats, covenants and provisions as shad be detenined by the Board by one or snore subs_ -quem ordinances or resolutions. The purpose of the Bonds shzl! be (i) to pay the costs of issuance of Bonds, (ii) to pay eligible administrarive costs, and (iii) to >nance 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 exced the following: (a) Mu aicipal per capita, allocation and direct ge=ts for sp--inc projers: One. hundred seven million tune hundred and fury thousand dollars (S107,950,000) for -=lets td PuaIic Agencies and Mot-For-Ptafrt Orreanizations for the developTrnt, iniprovttnetzt, rehabilitation restoi atibn or acquisition of real property nor Paris and park safety; youth, adult and S= Y ctiz,,--& re-crestion facilities, Beaches, gevnways, trails, and natural Arc=s in arcardancY vritft the Mowing schedule:=. (1) Nineteen million nine hundred fifty thousand dollars (Sl 9,950,000) for greats to'.ail incorporated municipElities and UMSA (Unincorporated Municipal Service Ares) within theCounry, in accordance to the following schedule: (i.) Nine trtiliion seven'hundrd thousand doIlW-s (S9,700,00fl) to divide on a per capita basis among the amnicipallitdes duly incorpcm-f c f on the effective date of this Ordinance. (ii.) Ten million two hursdred fury thowv� dollars (S 10,250,000) to LMSA as its municipal shLre. (2) Direct grants for specific proj=ts: 81shty-eight million dollars (588,000,000) for .direct grants to tmunicipalities and UMSA, in accordance with the schedule attschd as fixlubit W and incorporr ted in this Ordimace by reference. (b) Grams for Sp -wide Regional Projects: Seventy-seven m ion fifty thousand dollars (S77,050,000) to the County Patio and R reation Department for the de-teloptnent, improvement, restoration, rehabilitation or acquisition of real property for Regional Parks, Beaches and Biscayne ' Bay access, spec regioril projxis, Herita.gc Facilities, Natural Area r reserves and grecnwrays and nails, in ac:ordancc with the schedule described in Fxitibit "B". (c) Challenge Grants: FiRern million (515,000,000) for challenge grants to Public. Agencies and Not-Far.Profit Organizations in accordancz- with the following sch^dule: f Am=d-d 3a2' No. 5 (i) Seven million do!! ---s (S 1,000,000) for chaileaze z; ants to Public a gcncies Lnd loot-For-ProstOrta, nations for iamd act isition, ccnst1-LIction and develop, e;,t of youth rxre2tion and suite facilities. (2) Eiz,:t million dollars (58,000,000) for ch7;, lenge grams to Public Agencies and hoot -For -Profit Oreanizaiions for natural arers, recreation and open space land acquisition and development. Section 4. Ad: -an nist�ztion (a) The Citi? -ns' OYvft:% Cotnmitrtee. A Citiut�s' Oversight Cornairtee ("Committee") wiIl.be famed to Oversee the &sour -,-=r of -tlhe-proc,Gds from the sale of the Bonds, The Corn, niter will have thin= <13) members; one residi in each of Dade County's thirteen cot*tmission distric's. Members of the Cor =,.tee shall be residents of Dade County wh6 possess outstanding reputations for civic pride, integrity, respo=bi]ity and business or professional ability -and experie� or intrest in the adds of recreation, c?nservadors of M'2I= . °:JZ . resources or land use pW=irng The Committee and the Nominating Cornraitt=, :s dC,5 nid below, will be comprised of members who are representative of the _cog zphic, ethnic, ta"=` gender take-up of the Co�rnty. (1) Selection.. .Members of the Corrmince shalt be nomi=ted and appointed in tk moaner sd forth tri this subs.,.dom The Board of Ctxsrity Commissioners of Dade County, Florida shall appoint a nominating committee (the "Nominating Corrm-utte") comprised of twenty -&e:^_ (23) members as follows: (i) Six (6) representatives of the State, County or nu nicipaJ government, which shall include the following persons or their designs: the State Attorney for t. e Ekvent+a Judicial Granit, the Super endent of the Dade County School Board, the Dade County onager, and the E;=rrive Dir -..star of. the Dade League of Cities; (ri) Twelve (12) repre=tatives of civic, not-far-pm5t org,.g cions, which shall include the fol3owing peszons or their deli: Chairman of the Utnitad Way; Pr=dennt of Tropical Audubon Society, President of Citizers for a Better South Florida, Director of tine Urban Lcsgue, Dirxtor of Alliance for Aging, President of the Jewish Federation, President of the Chiidreh's Servi= Council, President ofthe Cuban National Planing Council; President OfCAMACOL, Presidmt of the horn -Dtdt Brzikh NAACP, President of Baptist NCnistars Couna7 of Groatcr b�farrni and Vid nity; and the Erxutive Vice President of the Rabbini ,Associzdon of Cir-- ter Maack; (iii) Five (5)`represeatj ives'of civic,nos-for•pr6fri org�ons dedicated to promoting and conserving the environmental or recreational resources of this M amended ?!Ie^ to Agenda Item Pazc No. 5 Com;:' ur1rY, which sh-' H include the repo:=%innPers n -c or th—tir designees: Presider:I of the . lortda RZ C7earion and Park . Lssocimion, President of the Ucnd Trust of Dsde County, and President ofthe Ste -a Club. The It'Orvna[ing Com. r,!ee shall subf'rlji Z slate of ,aur (4) c.Pndidztes from cach Con=ssion D;sus ict to the Board of Dade County Corinussioners for selection. The Board must seae`t from the slate submitled by the Norrdnating Conttnittee; however, the Board may request additional nominations. (2) Te t. The Committee members sL11 serve two year to „s, and ray be reappointed. The t- „s s -h be staggered, with the representatives of the ever�Iy-numbered districts scheduled for rcplac;Me'M or reappoinunept e3er the first year. Members of the Committee shall not be cornpersate:d for their servi�ts. (3) Powers and duties. The Conu-nitie± shall have the following powers and dudes_ (i) to overste the deposit and disbursetnertt of the Bond proc.--...s in accordance. with the terns of this Ordinance; (ij� to issue solicitations for ani gnats, to n7juate, disqualify, end gene challenge grant proposals, and to recommend the zi;vd.of grams in accordance with the t6M, : of this Ordinance; (iii) to identify funding to reimburse the County for the r, ssaa oble casts of providing stasT to the Commirtce, in the process of the oversight and int rnanagem=t of 6. s Ordinance, which funding =y include =a=ts available under this Bond program if the costs of staffing Lure relates to individual projects authoriz,�,-d by this Ordinance; (v) to promul_�tte rules consists= with this drSrance for the conduct cf its meztings and the discharge of its responsibilities; . . (v) to perforin such other fursctions as ire set forth for Lhe Comrsittet in this Ordinance. (4} Deposit of Bond Proc.-eds. All pros.-eds of the sale of the Bonds shall be delivered to the Director of the Finance Depart -hent of Metropolitan Dade County who sMl deposit those proceeds in the Trust A=unt, not to be commingled with other funds of the County, to be disbursedsoleJ•y for the purposes set forth in this Ordinance. Dade County, itself or through ilzdependent auditors, shall have the right at all times to audit. the books and records of the Cor=ner. (S) Staff. The County Manager and the County Attorney shall provide to the 7 r_•• :,enc -;; ?ge:lda Item '.'No. =(H) Pi¢:?vo. 7 CornrrL..ee adeQu'ate stat; z, -,d suPPor. services to tniD.le the CV—mT—_1ttte t0 C2=y out Its 6uiies acid responsio;l1t;ec Section 5. Grant ProDosJs. (a) Awiy adjustments to the amount available :tom the Bond proceeds which are required to be made to satisfy the costs of providing sa=c or other sen ices to administer the Bonds shall be made to the amounts available under this Bond program, not to exceed one (1%) perccni. The ioilouR_r_g proy_isiobs of this _Sec�aon si.all apply to_a71_grants to be a,;srded pursuant to this-Ordiranc-v (1) Individual applications for grants or pe capita allocations pursuant to S"e pion 3 shad be salbrttitted to the Committee for approval as to conformity with the ' requirements of this Ord inuice and for Cotitrairi rrvie�v and recortimendation_ The application shall be accaripanied by an aiuthormng resolution . verncan from tiie.going body of the applit Public Agency bait the project (or projewliich`tfie g slit or all kation is soughi is as impori# paras and i bnrprolect dor projects) which iv l beau adl rt idents of Bade County and that opera. & Management and progr=rnir g funds are irtchtded in budget. (2} NoE more that sevente per6tnr(170/6) of a-horues awar.ded under nay grant nay be aizxi for pivject piaaaitzg; deign and adhii�tistrrsio i:: (3) The interest ed oft process oethe 3oiids`vrhich have been sold .but not allocated steal he used for acquisition of paHr.'open space 6drtattuai areas to triert t5.e F.�ture nets. bf the gro`;ving p*kdon of Dade County. Requests for r r., use of these iritcra funds ins}r;66'- di tb:tl a C&mtttitt6t by P;.tblic::lgcncies end Not-For-Profitf �` .o`er' urifii all title vattt tri $Public' en. Wit► (4} ' AAer appro�tl'of tiffs Otzli igsice by spacial elwtiotn;' tdaninistrative talcs govertti..2g the implemetitation of the- Ordinance shall be preps ;the County Manager, Such rulca sten!! include a tMi eline for.the grap.t prograris-I etitrfied in Section 3 of taus rdstiai ce, cri eiia- arid' proceaur far: c altiattng such aratits, . a r. ;. . nota.6 on of a ectat Ptiblic-A.- —gF icsat�d Not -For Fro&t'QrFasuzaaans of the prapt3sedznicna and prtues and of tate dates of pltc workshops,to be held bt fort serf ubftc once pro osed throe out £oun ty {.�wp° r�vtng- p - � taut P s Piutts oFcvaltttng:grits'.for cacti progrLam, $rad -shell notu%te� Put}ttc 1_}=.�.�^'.�.�=ea_*w�� 7���"�-Lyw�tii_r,�.'+_`_+-_.�_��.5 .. .- amu,-. :.-�- N/._K.Y yN:��: �.Y`.• v c_�^".'.�-.�.- j .�s.•w.az.c�; •Fe�.4x-yiiC>" -' alid'p_ care `for ev iiating:c�iaifcnge gra itsmor."cacti program: Gt=a.'3ts'siia I Alternate ate Azenda Item No. 4(E) ?ace No. 8 2war6td by the Board C1 Cot nvi COiT 115s10.^,E:s 11701' COI 71.1��i)0?7 GI Ile Commiucc in 3CCC'd;r:Ce .+'illi 1, is Drdinznce and tr;e ru)cs a2 -op,, -d in 2CCCrd2,:C� �� �:ith this aro �siort. �. (S) A Public Agency may enter into an agreement with one or more Not-For-Pro;:t Or Qa in -dons for the purpose or CLr'7'1nQ out a ¢rult pursulzi to ii'i1s Crc,11-a Ice, subject to the regturcments of Stction 9. (6) Each Public Agency shall make every etiort to employ local residents, and particularly youth, from the area in which proposed projects are locatd. (7) Each Public Agency shall make every effort to work with Not-for-profit organizations with a demonstrated history of youth enplo �, ent and tr=.ining, gang prevention and intervention, and environlnenul pros.cn ation and land conStrIv ation. (S} Funds that are granted pursuant to Section 3 for the purposes of development, irnproF�tcat, rehabilitation or restoradon•sh& l be expended for these purposes only .on lands ownor ]eased by a PublieAgency. Funds ray also be utiiized fownedr . Projects on lands for which the Public Ageocy holds a lease or other us.- a;r=M= t for an unexpired minimun term of 25 years. . r (9) In projects where funds are allocated pur u=t to Section 3 for park and fa.`-iIiiy development, every effort shall be trade to t:sc non-invasive, drought-resistzri , or xeriscape Landscape material, wa er-conser nag irrigation systems Lad energy-efficient fixtm—, except �trn ;uca usce can be shown to be unfczsibie. When prajecs. involve the rehabilitation of existing irrigation systerns or the creation of new irrigation systems, re ;iairnd waxer should be used whenever possible and priority shall be g ycri to devciopment of rx.Iaim Y+Tter irrigation systerns. (10) The mirimum amount that an applicant rmy request for any individual proj=1 is teat the., &)d dollars (S10,0P0); 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 levenaze other Rvalable finds with the Dade County School Board, other Public Agencies, and Not -For -t roft Organizations for park and recreation purposes. (l l) Funds made available for approved projects from grants shall be expended or encumbered by the recipient within three ye rs of the date when such funds are fust made available unless an extension is authorizes] pursuant to the express terms of this Ordinance. Any such grant funds that are not expended or encumbered by the recipient within such period, shall be made available for award for one or more ^vended Alter;zate Agenda Item �'O. Pzee No. 9 OI the classes of expenditL,-!s sPecii-icd In, section 3 that the Corrinmee dLle'ns t0 be Of the hizhes2 pTOr'ty. i. Upon deposit into the Trust Account, the original recipient of the funds shall have no sur -cher claim to the funds. ii. Trust Account funds shall be made available pursuant to the prom; ars outlined in Section 3, and shJl be prioritized for heavily used parks and recreation facilities in underserved areas of the County or rrtn,c pzities. When funds arc to be used. for the acquisition of property, priority shall be ziven to acquiring nand for .. _ .... - ...:-.pzrk� rr�re:t3on-0r-nanir�I-uers.purposcsin�den�i�.gotzufat.�d,�underses_ved �rc:s... . . with doct:mcrtted deficiencies in park., recreation or open space opportunities. (I2) The scope of each per capt.a project, shall remain as defined in the zppdcxtion for Bond funds and this Ordinance. If there -,re required modificnons to t a =—.pe of. the specisic proje :t, the recipicnt may alter the scope of the specific project `as defuzcd by the administrative rules. The modincr-tiors shalt be subject to approval by the Committm.. The M.amouni. ailocated.for a specific proja t as detailed within the application and this ©rdistan shalt be uied far:the des: project and not trgnsfesred to anothcr project. y (13) If Bond. plods have not been exp-aded. or -nc mb--, ed within the periods allowed, the recipiem agencies nuy mbmit to the Coim�ttte for review and appro 71.in its disa�n a plan for expenditure or eiiaizril�rinca of the funds in acrordanoe with the purposes of this o-dsnasxo. within the mtieicipt lity or are—, of the Coumy in.which the funds were originally authorized to .be expeIidcd. (G) challctzge Or=ts. In -addition to those provMODS" cOP:*. 3 iii Section 5 (b) above, the following provisions shall apply to chaucngo gartts to lie awar'dcd.pursLant to S aon 3 (c) of this Ordinaaa. (I) The funds authors in Section 3 (c) she be avK.ilabIa as grants on a challenge basis to ?ubbc Agencies and Not-for-profit Organiaa Ons. (2) An extension mt.to exceed two (2) years beyond the thr.�--year time limit for expenditure or enmi nbrance of ¢rant fundstt y be Euthotizai by the COMUTtlw for reasonable cause, 4 . (3) These grantsshallbe<limitd: for,acquisition oflsads for public use, and mpcoveme= or developtiieiZt to publicly, avrt =(ands' snd'faciIitics. .,:;,_.� :.,.... -:.,;, .:.._ :.: ..�.. r., ,. �•_,....:.=r;_. .�; `_� -_-.,- ",dollars (4) Piiisuent to Scti4nl�3,(c)1l}, asi.alnoiint:aot=fo exre;"veii miliio� (57,004,000), slzJl be n and dedicated to park.,'recreatton and pen -space acquisitio L � Agenda item No. ;(_) ?apt No. 10 develcpment m are- whlcll: (i) are ICe:14M!d a5soc;:,:JiV dlsadvantagtd Consistent with Federal guidelines. %vhere at !east :1 percent of residents live at or Aleve 80 percent of the County's ;rediae Inco^e, and (ii) which possess a docurnnnnmd deficiency in recre2.tion and open space opportu cities defined 2s the dffertnce berween area supply a -rd ?.rea de nand for Esciiities, proal ares zrd services. (5) In the evaluation ofgrvt applicztions purs;znt to Ser ion 3(c)(1), prioH:y shall be given first to Correa vesti¢es of past discri midnation zed to those which meet one or more of th6.following criteria: (i) joint application by a Public Agency alndallot-For-Profit Orgnization winos: pr' nary focus is working with youth, (ii) application by a Not -For -Profit Organization with a demorstraed history of g=g intervention, gang pr:rcntiort, ability to work with az-risk youth, and prior exxrience in such activities through grants from Puotic Agencies, (iii) application by Not -Far -Profit Orgar-ti-tion which €gem to and can demonstrate the zhility to operatc and maintain the facility to be eonMcted or developed on a long -tam basis; (rv) application by a Not -Far -Profit Organization with experience in park and opct space acquisition and presers�oz (d) Gr--Wsor.Specific County and l� micipal Projau. In addition to those pro�^sions contained in Section 5(b) above, the fotlow{ng provisions shall apply to the grants for spe=c County and municipal pmjects to' be awarded pursuznt to SP: tions 3 (2.X2) and 3 (b) of this OtziirLancr.. (I) These gmas shsll be limited for acquisition of loads for public u • and improvernants or development to publicly owm d lands &ad facilities for the purposes set forth in Scions 3 (a) (2) and 3 (b) of this 0-, dhi€nce. : (2) An exte=rn not to exceed two (2) yearsbeyond the thrw-ye time Limit for expenditure or encumbrance of greni funds r,.sy be a.uthorsed by the Corttmittr for reasonable cause. (a)Yeo funds authorized under Scction 3 may be disbt:rsd to any recipient unless the = pie= agree: (1) That grants for 211 programs in Section 3 shall be rade 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 Oe rRinds, except where lei are to effect. The recipient or its sueremrs in interest in the property tnay transfer the responsibility to maintain and operate the property to another —mender A ternztt A2nda Item No. ;(E) t Pz¢e No. I I PI.tblic Azt Icy or -,OtnC r Not -For -Pro n,Orpi-a -riott in Accor dance with II�Is Secrlon. !ham recipient z2ency must provide adequate programminiz For any new facilities constructed with procereds of the Bonds. (3) To use the property only for the purposes of tilts Ordinance z id to make no other use, sale, or disposition of the property, except as provided in subdivision (b) of this Section. (4) Any beach perk or other public facility acquired, developed, rehabihrzted or restored with funds from this act small be apca znd accessible to the publiewithoutdiscrrnination zs 'to,racr,. color, gender, age, religious belief, residence, national origin, martal status, or disabitiry. (5) In order to maintzin the exclusion front gross income for •federal in on -,e tax purposes of the interest on any bonds,- notes or other evidences of indebtedness issued for purpgses of this c ciELa Ce, each recipient of,Lncis pursuant to this Ordinance coven,nts -to comply =with each app[icable requirment of Sxtion 103 and Sex Ons* 14I ilsrottgit 150 of the Iatttnal Revenue Code of 1986, as amended. Each recipient of.funds shO agree in writing to the conditions sp cifii:d in pay-agrapl s (2), (3), and (4) of this Sation The conditions specb5ed in paragrapb.s (2), (3); (4) and (5) of this Section shall not prevent the transfer of property.acquirDd; developed,, irnproved, rehabilitated or restored with finds authorized pursuant to Section 3 of thisi - .drdin from the rxtptent to arty other Public Agency, to allot -Far -Profit scion, rut of z to :ac ub,- develop, improve or restore public real propertyfor pari:, veilaide, raxeation., open space or gang O: rcvaitioct and intervention pun, osci;`to"6e'9fste ofI`lorida or to -.the National Park.Serv�ice, Provided that any such sjtcccssocto t) e red%pi`ant:€='='es thedbligztions unposed by _sudh coiiddtioaS, - (b) Any changes in use of any property acquired through grants -pursuant to this Ordinance must be m*+n+xhed in perpetuity for public park end recreejon purposm. Lr"lite use of the property scquired through grants purse nt to this Ordiraisc- is ciiactg-e� to'O'ac other than a.usc perZtitfEsf'tinde'ftk ='--gory i-om.wl*h:the Funds.were provided, or the property is sold or otherwise dispdsed o& an amount equal to the ()) srnount of tiei=i, (2) the �t"$'tr mi rke t value of the real property, or (3) the proc.-*ds from the portion of such property acquired, developed, iriprnvd, r' ili�jted ton-rtstortd with the,erant, whichever is _vrerster, shall be used by the r dpi ib ftYtubdM66n (-a) of tLIs ScctiorL :for,a pure eluii i6dzbd in that category or shall b-:reimbiis§ai to the. Trust Account and be avOiE!e for appropi=lguon only for a use if ie r O`"� rz�tberwtscdtspozcd oof is c ti3eFeittate.xnterest in the property yl-que; , � c ap ireha.i�tit id ar r�or�wt he writ, an amount _ t . .. .-• .. .. ..r ..r._. _:V'... ... .1' ...._nom. C_ a-ncrde-� ?.fret tate Agenda Item No. 4Fri) P=Ke No. 12 equal to tiie proce-_ds cr the Fair market va(:.,e of cite groper-, interest sold or ether.:ise disposed of, wruchewr is zre mr, shall be used by the grantee, subject to subdivision (a) of t�'s S. --tion, for 3 purpose authorized in that Category or shall be rc:; �bursed to ere general eland and be available I appropriation only for z use authorized in that category. Noticing in tills Section 6 sh=l1 limit a Public Agency from transferring propeny acquired pursuant to this Ordinarce to the National Park Service or the State Park System, with or without consider=tion. (c) Awards pursuvt to this Ordinazce shall first be available during the fiscal year in which Bond proceeds are initially available, 5cct�ian 7. Proa►'tv .Acdniotion. {a) AIf real property acquired pursuzrtt to this Orrdi=ance shall be acgL: red in compliance with Dade County kiministrative Order 8-4 and Florida St=te 125.355, and aI other applicable lsws.•Funds disbursed to a Public Agency otaer th+aa the County in accordE66_t ,;-ith Section 3 shall be expended by that agency purstt=tet to an Interfa.,al age- neat with Metro -Dade County. (b) For the purposes of this Ordinance, acquisition ra y include gilts, purc, lenses, easements, the exercise of eminent dor Wn, the transfer or adm-nge of property of value queers of development rights or credits, and purchases of developme.nt rights and other interests. ` '(c) All gza,rtts, gifts, devises, or bequests to arty of the qualified Public Agencies of this Ordia€nc ; conditional or unconditional, for park, corservation, rxre&tion4 kJdlife habitat, nawral Sands or other purposes for which real property may be acquired or devtlo* pursLmt to this Ordiae, shall bo made in the acme of the- agency and ac: apted and rived on behalf of the agency pursu a.t to theapplicable Administrative Order of the County. -The grants, gift devises or b«}ucsts sW be tvOable for expendittue for the purposes specified in Section 3 hereof. . , i . k• 6 n n _1 4 • stems (a) Rersansble public access to lands and facilities funded by this Ordin nce shall not be denied, except where that access tray interfere with rets-ource protection. (b) All funds allocated pursuzrt to this Ordinanc: for projtas involving the rehabilitation or restordon of 6 -,nett, park, re. -ration, open space or n_ttual lands shzll be used to the maximum extent practical to employ residents from the surrounding community in which the - particular rehabilitation or restoration project is bang caried out, (c) To the maximum extent fersible, Public Age-,mes and Not -For -Profit Organizations slide be encouraged and have authority to use funds received pursuant to this (_� Amnendd .�terrate Agenda Ite,z, Nc. =() Page No. 13 Ordinance to provide P:r,ding throupn t l Cornmt1nity organ1Z:IJCris, parilcLl sly when youth can be employ d to work on restoration or rehabilitation proje-as being car; led out in their own cornnmu times. Such aueements shall be entered into solely for the -accomplishment of the pLmoses set fo,—,h by this Ordinance. Section 9. Environmental Review. (a) Prior to recommending the acquisition of lands trat are located on or near tidelands, submerged lands, swamp, or other wetlands, whether or not thus: landt have been granted in trust to a local Public Agency; any agency receiving funds pursuant to this Ordinance - s =I submit to the Dada. County Departrnent of Environmental Resources Management (DERM) any proposal for the auluisition of those Isnds PURI t to this meLSUM. DE UN t tnay, at its discretion, within nincq (90) days of such a submission, review the proposed tcqui:sition,' make a detertainstion is to tic Blaze's existing or pot_erntial interest in the Isnds, 'and report its Wdings�tn', -.. the entry making Iiia subrn•tFtzal and to the County Vamger. - (b) No wetlands or riparian habitat acquired pursuant to Sec'aon 3 shall br used as a" dredge spoil erg or s&0 be subjwt to revetment which damages the quality of the habitat for wVCIb the propeity wou4uired. (c) No provision of this Ordinance shall be const? ud as authorizing the con3cmr on of publicly -owned lands_' segff6n 10. Bdnd Ce, itsJ (a3 Ptii*.s::isJit to subdivision (e) of Section 5505.9 of the Fubac Resources Cade, no. proceeds f,�06 airy Bonus; notes -or Ether evidences of indebtedness=issued _by Dsde County stall be used fon ':.dy operifzioiis; nzairiterisnce or.servi=g purposes, exc t ihst_ such pro s msy b used to pay all costs incideral to the pMErstion tod `nss*isnc- of ttae Bonds. (b) The trnounts of all docadcrss.deszzWd in Section 3 arc gross EL'ngunts, md shall be reductd not more than one percent (1%) for 66 nixes of the avers Edrniitistrarive expenses of the Sond:' ttti n,1 j. M&t== of EtTort. It i3 tFi iAtctit'aitfris }i dinsnce.to. groducr a net benefit to the re:sidents: d pa.de County. No suijstrtsrtion to capital praject furirftng a3' the Couizty_.aad/or municipalities sftrli"oc ur Ls a' result of projects sp iftcrJty funded J�y this -bond: issue. Section:gl bf $on s ... „�..,....r•, _ ..... The Sonds maybe %sSUT,, e3t}ier all 'at one time or in pest trorri time to tithe" sblt _Board Amens d Alternate . cenda __-� ;:o. 4(!; Page Ne. 14' County Commissioners may in ;ts discretion deter -mine by subseoue"H Orlinznce or resolution. T to sale of such Bonds shall not be cornbined with the sale cf any other bonds of t e County. Section 13. Independent Audit There shall be an annual independent audit of Ll proceeds of the Bonds. This audit smell examine €ll prods on hand and unexpended. T'he :xpense of the audit shall be paid from the general bond fund. All Bond recipients shall cooperate fully with the progras�'s auditors. The Cornmittw shall have the right, in its sole discretion, to require recipients of any grant to retain the services of an independent ptfvatc. sector insp-.-tor general (iPSIG) to audit, investigste, rtaomtor, over, inspect and review the operations, am"'I les and perfr)r-arice of the recipient and its contractor. Said audit -shall include compliance vtiLh cont) ct specif--ions and Project costs, as well as the prevention of corruption and fraud. Grant agreements shall iinclude an acicnowledgtnent by the recipient that the Come v= has the right to t'tiiie an IPSFG. Section 14. If any section, subsection, Sc-nten, ce, c ¢L, - or provision of t16 Ordinanc* is held im?did, the remainder of this Ordinance shall not be =-- ed by such inn-alidity. Section I5. It is the intention of the Board of County Comm-nissioners, zLid^it js"hey.... ordained that the provisions of this Ordiamce stall become and be made a part of the Cade of Metropolitan Dade County, Florida. The sections of this Ordirrnce :nay be renumbered or relettered to accomplish such intention, Pnd the word "ordin-ance" tray be changed to "section,' "article," or other appropriate word Section 16, This Ordinance does not contain a sunset provision. Sectio n 17. This Ordinance shall become effective ten (10) days following the date of its enactment. Section 19, In addidon to any other remedies provided by law to my ptrson or entity, the rernedies provided in the Citir..-ns Bill of Rights shall be arzlable for violations of this Ordinance. PASSED AND ADOPTED: JUL 1 6 1?96 Approved by County Attorney as to form and legJ suf5cieney. Prepared by i--1--