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HomeMy WebLinkAboutR-04-0288City of Miami Legislation Resolution: R-04-0288 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-00384 Final Action Date: 4/29/2004 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTER -LOCAL AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM IDENTIFIED AS "EXHIBIT A," WITH MIAMI-DADE COUNTY, FLORIDA, ("COUNTY") A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND THE MIDTOWN MIAMI COMMUNITY DEVELOPMENT DISTRICT ("DISTRICT"), A LOCAL UNIT OF SPECIAL PURPOSE GOVERNMENT, BOUNDARIES OF WHICH ARE IDENTIFIED IN "EXHIBIT B," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO PREPARE A "FINDING OF NECESSITY STUDY" FOR THE DISTRICT, PURSUANT TO REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES FOR THE CREATION OF A COMMUNITY REDEVELOPMENT AGENCY. WHEREAS, On November, 13, 2003, the Miami City ("City") Commission adopted Resolution No. 03-1135 supporting the petition submitted by Biscayne Development Partners, LLC to the Miami -Dade County ("County") Commission for the creation of the Midtown Miami Community Development District ("District"); and WHEREAS, the District was created by the County pursuant to Ordinance No. 03-271,adopted by the Board of County Commissioners on December 16, 2003, for the purpose of delivering certain community development services and facilities within and outside the boundaries of the District; and WHEREAS, the District has decided to undertake the construction of certain roadways (within and outside the boundaries of the District), water and sewer facilities, a storm -water management system, streetscape and landscape, and parking garages as described in the Interlocal- Agreement ("Agreement"); and WHEREAS, it is the purpose and intent of this Agreement to permit and authorize the City, the County and the District to make the most efficient use of their respective powers, resources, authority and capabilities by enabling them to cooperate on the basis of mutual advantage and to achieve the results provided for in this Agreement pursuant to Section 163.01, Florida Statutes, known as the Florida Interlocal Cooperation Act of 1969 ("Cooperation Act"); and WHEREAS, Section 163.01(5)(f) of the Cooperation Act provides that an Agreement may contain a method or formula for equitably providing for and allocating and financing capital and operating costs for capital projects and for the payment of debt service, including establishment of reserves on bonds, on the basis of the amount of benefits received or conferred by each participating government; and City of Miami Page 1 of 3 File Id: 04-00384 (Version: 1) Printed On: 9/12/2016 File Number: 04-00384 Enactment Number: R-04-0288 WHEREAS, the Development is expected to stimulate economic development and growth within the City and the County benefiting their citizens and to generate significant revenues for the City and the County, including without limitation, increased ad valorem tax revenue, sales tax revenue, gas tax revenue, tourist or convention development tax revenue and other fees and charges related to the Development; and WHEREAS, in light of these anticipated significant material and fiscal benefits to be received and enjoyed by the City and the County and their respective residents as a result of the development, and in consideration for the performance by the District of its obligations described in the Agreement, it is fitting for the City and the County to participate in the development of the Project, by equitably apportioning the burden of the costs of the Project through the use of Economic Incentive Payments, as described in the Agreement; and WHEREAS, in the City's desire to revitalize the area, the City Manager is authorized to prepare a Finding of Necessity Study pursuant to requirements of Chapter 163, Florida Statutes for the creation of a Community Redevelopment Area; and WHEREAS, in the event that the Community Redevelopment District is established, the City and the County shall cause the Community Redevelopment Agency to contribute Tax Increment Revenues to the District, and the City and the County shall reduce the amount of Economic Incentive Payments to be paid to the District in proportion to the amount of Tax Increment Revenues paid to the District and may, under certain circumstances, terminate their obligations to pay Economic Incentive Payments entirely, all in accordance with Article III of the Agreement; 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 City Manager is authorized{1} to execute an Interlocal Agreement, in substantially the attached form, identified as "Exhibit A," with the County, a political subdivision of the State of Florida and the District, a local unit of special purpose government, boundaries of which are identified in "Exhibit B," attached and incorporated, for the purposes described therein. Section 3. The City Manager is further authorized{1 } to prepare a Finding of Necessity Study pursuant to requirements of Chapter 163, Florida Statutes for the creation of a Community Redevelopment Area. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: City of Miami Page 2 of 3 File Id: 04-00384 (Version: 1) Printed On: 9/12/2016 File Number: 04-00384 Enactment Number: R-04-0288 {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} 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 immediately upon override of the veto by the City Commission. City of Miami Page 3 of 3 File Id: 04-00384 (Version: 1) Printed On: 9/12/2016