HomeMy WebLinkAboutpre resolution8J-01-296
4/25/01
RESOLUTION NO. 01— 377
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), CERTIFYING THAT THE
PROPOSED 40-UNIT NEW HOPE/OVERTOWN HOUSING
PROJECT TO BE DEVELOPED BY BAME DEVELOPMENT
CORPORATION OF SOUTH FLORIDA, INC. IN THE
OVERTOWN REVITALIZATION DISTRICT IS
CONSISTENT WITH THE CITY OF MIAMI'S
COMPREHENSIVE NEIGHBORHOOD PLAN (1984-2000)
AND FIVE-YEAR CONSOLIDATED PLAN (1999-2004)
AND ALL APPLICABLE AFFORDABLE HOUSING
REGULATIONS; DIRECTING THE CITY MANAGER TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE
STATE OF FLORIDA OFFICE OF TOURISM, TRADE,
AND ECONOMIC DEVELOPMENT FOR BAME'S
PARTICIPATION IN THE STATE OF FLORIDA
COMMUNITY CONTRIBUTION TAX CREDIT PROGRAM.
MAY 1 5 2001
WHEREAS, a severe shortage of housing affordable to very
low, low and moderate income families and individuals exists in
the City of Miami; and
WHEREAS, the City Commission recognizes that the
participation of both the public and private sectors is
necessary to promote the development of housing affordable to
A T T A C P !; T tiE,
dY ii 7 01. u u1. 3
Cam'' COMMIS=
MEETING OF
APR 2 6 2001
01- 1917
very low, low and moderate income families and individuals is
the City; and
WHEREAS, in support of the development of affordable units
in the Overtown neighborhood, the City has made available
City -owned residential parcels and project financing to BANE
Development Corporation of South Florida, Inc. ("BANE") in
connection with the construction of forty new single family
residential units in the Overtown Community Revitalization
District; and
WHEREAS, BANE is presently involved in several housing
projects which will provide both affordable homeownership and
rental housing opportunities for the residents of the Overtown
neighborhood; and
WHEREAS, the proposed New Hope/Overtown Housing Project
planned by BAME in the Overtown Community Revitalization
District is consistent with the City's Comprehensive
Neighborhood Plan (1989-2000) and Five -Year Consolidated Plan
(1999-2004); and
WHEREAS, pursuant to Section 220.183, Florida Statutes, the
State of Florida Community Contribution Tax Credit Program
provides an incentive to encourage Florida corporations to make
donations for community development and affordable housing
projects to eligible sponsors of such projects, as defined in
§220.183(2)(c) of the Statute; and
Page 2 of 4
01 - 377
WHEREAS, BAME wishes to become an eligible sponsor
participate in the State of Florida Community Contribution Tax
Credit Program;
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 proposed 40-unit New Hope/Overtown
Housing Project to be constructed by BAME in the Overtown
Community Revitalization District, providing affordable housing
to very low, low and moderate income families and individuals,
is certified as being consistent with the City of Miami's
•
Comprehensive Neighborhood Plan (1989-2000) and Five -Year
Consolidated Plan (1999-2004) and all applicable affordable
housing regulations.
Section 3. The City Manager is and directed to transmit
a copy of this Resolution to the State of Florida's Office of
Tourism, Trade and Economic Development for BAME's participation
in the State of Florida Community Contribution Tax Credit
Program.
Page 3 of 4
01 r- 377
Section 3. This
Resolution shall become effective
immediately upon its adoption and signature of the Mayor.
PASSED AND ADOPTED this 26th day of April
ATTEST:
, 2001.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36. since the Mayor did not indicate '
'his 'a station by signing It in the designated piac'rovided, Paid l_
oecarnc;, effective with the elapse of ten (10) days fry- the dat
regarding same, without the Mayor = • rcis
WALTER J. FOEMAN
CITY 'CLERK
APPRO
Y ATTORNEY
FO,RD CORRECTNESS.-
r
SELL°
W5209:db:LB:BSS
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.
Page 4 of 4
01. 377
THE COIVIMUNITY
CONTRIBUTION TAX
CREDIT PROGRAM
The Community Contribution Tax Credit Program (CCTCP) provides a financial incentive
(50% tax credit) to encourage Florida corporations to make donations toward community
development and housing projects for low-income persons.
The tax credit is easy for a business to receive. Corporations located anywhere in Florida that
make donations to approved community development projects may receive a tax credit equal to
50 percent of the value of the donation. Businesses may take the credit on Florida corporate
income tax, franchise tax, or insurance premium tax.
Before making a donation, please be sure it will qualify. A list of eligible organizations is available
from the Office of Tourism, Trade and Economic Development (OTTED). To receive approval, a
business donating to an eligible sponsor need only file a request form with OTTED. In order to
claim the tax credit, simply attach proof of the approved donation when you file your state tax
return. More details on the approval process are contained on page 4.
Non-profit organizations and units of state and local governments may apply to become eligible
sponsors and solicit donations under the program. Eligibility requirements are listed on page 2.
This summary is based on Florida Statutes (sections 220.183 and 624.5105) and Florida
Administrative Code (Rule 8E-17). Readers are advised to consult these references for additional
details.
FOR FURTHER INFORMATION, PLEASE CONTACT:
BURT C, VON HOFF
EXECUTIVE OFFICE OF THE GOVERNOR
OFFICE OF TOURISM, TRADE AND ECONOMIC DEVELOPMENT
THE CAPITOL; SUITE 2001
TALLAHASSEE, FLORIDA 32399-0001
PHONE: 850/ 487-2568
FAX: 850/ 487-3014
e-mail: vonhofb@eog.state.fl.us
01- 377
HOW TO BECOME AN
APPROVED SPONSOR
1
To Qualify As A Sponsor; Your Organization Is Required To Meet The Following Criteria:
• Be one of the following:
Community Action Program
Community Development Corporation
Neighborhood Housing Services Corporation
Local Housing Authority
Community Redevelopment Agency
Historic Preservation District Agency or Organization
Regional Workforce Development Board (formerly Private Industry Council)
Direct -Support Organization (DSO)
Enterprise Zone Development Agency
Non-profit corporation affiliated with economic/community development efforts
Unit of Local Government
Unit of State Government
School Board
• Sponsor a project to construct, improve, or substantially rehabilitate housing,
commercial, industrial, or public facilities, or to promote entrepreneurial or job
development opportunities for low-income persons.
• Sponsor an eligible project in an area designated as a Florida Enterprise Zone.
A project designed to construct or rehabilitate housing for low-income persons does not
have to be located in an Enterprise Zone. The following is a list of Florida Enterprise
Zones: (Please see page 3)
01- 377
FLORIDA ENTERPRISE ZONES *
AREAS LOCATED WITHIN THESE CITIES OR COUNTIES
HAVE BEEN DESIGNATED AS ENTERPRISE ZONES:
Bradenton
Century
Chipley/Washington County
Clearwater
Daytona Beach
DeFuniak Springs
Dixie County
Everglades City
Ft. LauderdaleBroward County
Ft. Myers/Lee County
Ft. Pierce
Franklin County
Freeport
Gainesville
Gulf County
Hendry County
Immokalee (Collier County)
Jackson County
Jacksonville
Lake Apopka
Liberty County
Miami - Dade County
Milton/Santa Rosa County
Oak Hill
Orange County
Pahokee
Palm Beach County
Palmetto/Manatee County
St. Marks
St. Petersburg
Sebring/Hiighiands County
Tampa
Taylor County
Wakulla County
* A project designed to construct or rehabilitate housing for low-income persons does not have
to Iocated in an Enterprise Zone. ,
To BECOME A SPONSOR, YOUR ORGANIZATION MUST SUBMIT A PROPOSAL TO THE OFFICE
OF TOURISM, TRADE AND ECONOMIC DEVELOPMENT WITH THE FOLLOWING INFORMATION:
• A copy of your organization's articles of incorporation, by-laws, or other documentation
establishing eligibility as a sponsor.
• A project narrative describing the eligible activity and listing the type(s) of contributions
to be sought and their intended use.
■ Documentation that the project is located in an Enterprise Zone. This can be a map or a
letter form the local EZDA (not required if your agency is providing housing for low-
income persons).
• A resolution from the local government (where the project is located) stating that the
project is consistent with local plans and regulations (including comprehensive plans).
Once your agency has received written approval from OTTED, you may begin accepting eligible
contributions. Project approval expires on June 30 of each year. A sponsor must be recertified
for each subsequent year to continue to be eligible to accept contributions.
01- 377
WHO IS ELIGIBLE?
Any corporation paying Florida corporate income tax, franchise tax or insurance premium tax is
eligible to receive a tax credit equal to 50 percent of the value of donations to approved
community development projects. Corporations must earn more than $5,000 to take advantage of
the credit.
WHAT IS AN ELIGIBLE CONTRIBUTION?
Cash, property, and goods donated to approved sponsors are eligible for the credit. Donations
must be directly used in the approved project. Dues and services are not eligtble donations.
Contributions may not be used to pay the administrative or operational costs of the sponsor.
An organization must be approved as a Community Contribution Tax Credit Sponsor before it
receives a donation eligible for this tax credit. A list of all approved sponsors is available from the
Office of Tourism, Trade and Economic Development
How MUCH CREDIT CAN A BUSINESS RECEIVE?
A business is eligible to receive credits of up to $200,000 per tax year.
Unused credits may be carried over for up to 5 years.
There are 10 million dollars in state tax credits available each fiscal year (July I - June 30).
To CLAIM A 50 PERCENT TAX CREDIT YOUR BUSINESS NEEDS TO DO THE FOLLOWING:
1. Contact OTTED to determine whether or not the contribution qualifies for a tax credit and if
there are tax credits available.
2. Send a completed Application for a Community Contribution Tax Credit
(Form 8E-17TCA#0I) to OTTED, with the following attachments:
• A copy of the check, invoice(s), or deed and appraisal (within 12 months);
• A copy of the sponsor's approval or recertification Ietter.
▪ Proof that the donation was received by the sponsor.
3. Submit a copy of the approved Application for a Community Contribution Tax Credit
(form 8E-17TCA##O 1) and the donation approval letter when you file your Florida Corporate
Income Tax Return (form F-1120).
H..til oRDtCCTCAPRUGRAA,o,ERVIE'H :DC)C
01- 377
COMMENTTY CONTRIBUTION TAX CREDIT PROGRAM
APPLICATION FOR A COMMUNITY CONTRIBUTION TAX CREDIT
FORM 8E-17TCA#01 (revised 10/96)
INSTRUCTIONS
WHO MUST FILE: In order to obtain a tax credit authorized under Section 220.183 or Section
624.5105, F.S., business firms must submit this application for approval.
WHEN TO FILE: This application may be filed at any time. However, contributions made prior to the
approval of the project will not qualify for the tax credit per Rule 8E-17.007, Florida Administrative
Code. Please note that tax credits are granted on a first come, first served, basis until the maximum
amount of credits allowable per state fiscal year has been exhausted.
SIGNATURE AND MAILING: This application must be signed by an authorized official of the firm
making the donation and an authorized official from the sponsor acknowledging receipt of the
contribution. Also attach the following: a copy of the check, itemized invoice, or deed; proof that the
donation was received (see Item 7 below); and a copy of the Departtnent's/Office's sponsor approval letter
(or recertification letter). Submit the original form and attachments to the:
EXECUTIVE OFFICE OF THE GOVERNOR
OFFICE OF TOURISM, TRADE AND ECONOMIC DEVELOPMENT
THE CAPrroL; SUITE 2001
TALLAHASSEE, FLORIDA 32399-0001.
CLAIMING TAX CREDIT: You will receive a signed copy of this form upon approval of a donation
for a corporate tax credit. Attach the form and the Department/Office letter approving the donation when
filing your tax return with the Florida Department of Revenue.
HOW TO COMPLETE THE APPLICATION FORM:
SECTION 1: Section I is to be completed by the business making the contribution.
Item I: Indicate the exact name of the business firm.
Item 2: Indicate the firm's Federal Employer Identification Number.
Item 3: Indicate the address where correspondence regarding this application should be directed
Item 4: Provide the firm's telephone and fax number.
Item 5: Indicate the name of the sponsoring agency and the sponsor's approval number, as
provided on the Depanment's/Office's sponsor approval letter. Attach a copy of the
letter.
Item 6: Describe the purpose of the contribution by giving a brief explanation of the way in
which this contribution will assist the sponsor.
(continued)
nr%pl, • WI" •+.P..n t ..i,i ..,
01- 377
01- 377
COMMUNITY CONTRIBUTION TAX CREDIT PROGRAM
APPLICATION FOR A COMMUNITY CONTRIBUTION TAX CREDIT
FORM 8E-1 TTCA#01 (revised 10/96)
Under the provisions of Section 220.183 and Section 624.5105, F. S., application for tax credit is hereby
made. The following information is given in support of this application. Please attach the following to
this application:
(1) A copy of the check, itemized invoke, or deed and appraisal.
(2) Proof that the donation was received (see Instructions, Item 7 on page two).
(3) A copy of the Department's/Ofiice's sponsor approval or recertification letter.
1. APPLICANT'S NAME:
SECTION I
2. FEDERAL EMPLOYER I. D. NUMBER
3. ADDRESS:
4. PHONE: FAX:
SPONSOR'S NAME:
APPROVAL NUMBER:
6. PURPOSE OF THE CONTRIBUTION:
7. TYPE OF CONTRIBUTION VALUE
❑ Check
❑ Real Estate
❑ Equipment and /or Supplies
❑ Other
8. BUSINESS TAX YEAR:
FROM TO
APPLICATION FOR A COMMUNITY CONTRIBUTION TAX CREDIT
•'..1•• • I I•T • .!•• /• I II". T • 1 • •% III / ♦
01- 377
of
FORM 8E-17TCA#01 (revised 10/96)
SECTION II
(Name)
(Title)
(Name of Firm)
hereby certify that this application has been examined by me and, to the best of my
knowledge and belief the information is true, correct and complete.
Date: Signature:
1,
of
SECTION III
(Name of Officer)
(Title)
(Name of Sponsoring Agency)
hereby agree to accept the terms and conditions as set forth in this application and in
Section 220.183 and Section 624.5105, F. S. I hereby express my acceptance of the
contribution in the name of the above -referenced sponsoring agency.
Date:
Signature:
FOR OFFICE USE ONLY
Application Number Project Approval Number
A tax credit in the amount of S _ is hereby approved.
(Authorized Signature) (Date)
L
,
01- 377
IV. LOCAL GO% RNMENT RESOLUTIC
The sponsor must submit a certified copy of a resolution from a
local government (where the project is located) stating that the
proposed project is "consistent with local plans and regulations
(including comprehensive plans)".
Resolution
may be borrowed, expended, loaned, and granted.
• t.....Uvj+_ H1Lfity
01- 377
(a) Beginning July 1, 1995, there shall be allowed a credit of 50 percent of
a community contribution against any tax due for a taxable year under this
chapter.
(b) No business firm shall receive more than $200,000 in annual tax credits
for all approved community contributions made in any one year.
(c) The total amount of tax credit which may be granted for all programs
approved under this section and s, is $10 million annually.
(d) All proposals for the granting of the tax credit shall require the prior
approval of the Office of Tourism, Trade, and Economic Development.
(e) If the credit granted pursuant to this section is not fully used in any one
year because of insufficient tax liability on the part of the business firm, the
unused amount may be carried forward for a period not to exceed 5 years,
The carryover credit may be used in a subsequent year when the tax
imposed by this chapter for such year exceeds the credit for such year under
this section after applying the other credits and unused credit carryovers in
the order provided in s. (10).
(f) . A taxpayer who files a Florida consolidated return as a member of an
affiliated group pursuant to s. (1) may be allowed the credit on a
consolidated return basis.
(g) A taxpayer who is eligible to receive the credit provided for in s.
is not eligible to receive the credit provided by this section.
(4) ELIGIBILITY REQUIREMENTS. --
(a) All community contributions by a business firm shall be in the form
specified in s. (1)(d).
(b) All community contributions must be reserved exclusively for use in
projcrts as defined in s. (1)(t).
a .3e7.7
(c) The project must be undertaken by an "eligible sponsor," defined here
as:
1. A community action program;
2. A community development corporation;
3. A neighborhood housing services corporation;
4. A local housing authority, created pursuant to chapter 421;
5. A community redevelopment agency, created pursuant to s.
6. The Florida Industrial Development Corporation;
7. An historic preservation district agency or organization;
8. A private industry council;
9. A direct -support organization as provided in s.
10. An enterprise zone development agency created pursuant to s.
; or
11. Such other agency as the Office of Tourism, Trade, and Economic
Development may, from time to time, designate by rule.
In no event shall a contributing business firm have a financial interest in the
eligible sponsor.
(d) The project shall be located in an area designated as an enterprise zone
pursuant to s. . Any project designed to construct or rehabilitate
low-income housing is exempt from the area requirement of this paragraph,
(5) APPLICATION REQUIREMENTS. --
(a) Any eligible sponsor wishing to participate in this program must submit
a proposal to the Office of Tourism, Trade, and Economic Development
which sets forth the sponsor, the project, the area in which the project is
located,: and such supporting information as may be prescribed by rule. The
proposal shall also contain a resolution from the local governmental unit in
which it is located certifying that the project is consistent with local plans
and regulations.
01" 377
The sponsor must submit a certified copy of a resolution from a
• local government (where the project is located) stating that the
proposed project is "consistent with Local plans and regulations
(including comprehensive plans)".
Resolution
olio 377
ni- 377
&-OI-3 77
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
35
TO :
FROM:
The Honorable Mayor and Members
of the City Commission
FAN
Carlos A. Gimenez
City Manager
DATE:
SUBJECT:
REFERENCES:
ENCLOSURES:
APR 17 2001 FILE :
Resolution Relating to BAME
Development Corporation
Community Contribution Tax
Credit Program
City Commission Meting
of April 26, 2001
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the attached resolution,
certifying that the proposed 40 unit New Hope/Overtown Housing Project, to be sponsored by
BAME Development Corporation of South Florida, Inc. in the Overtown Community
Revitalization District is consistent with the City of Miami's Comprehensive Neighborhood Plan
(1989-2000) and Five (5) Year Consolidated Plan (1999-2004).
It is further recommended that the City Commission authorize and direct the City Manager to
forward a copy of the said resolution to the State of Florida's Office of Tourism, Trade and
Economic Development, in connection with BAME Development Corporation of South Florida,
Inc.'s� application for designation as an eligible sponsor under the State's Community
Contribution Tax Credit Program.
BACKGROUND:
On March 5, 2001, a written request was made by BAME Development Corporation of South
Florida, Inc. to the City of Miami for assistance in the preparation of the organization's
application to the State of Florida for participation in the Community Contribution Tax Credit
Program. Pursuant to Section 220.183 of the Florida Statutes, the Community Contribution Tax
Credit Program provides a tax incentive to Florida corporations to encourage them to make
financial donations toward the development of low income housing and community development
projects. Specifically, any corporation paying Florida corporate income taxes, franchise taxes or
insurance premium taxes would be eligible to receive a tax credit equal to fifty percent (50%) of
the value of donations to an approved community development project. Approval by the State of
Florida of a specific project under the Community Contribution Tax Credit Program would allow
the sponsor to receive cash, property and/or goods from a Florida corporation:
Presently, BAME Development Corporation of South Florida, Inc. is preparing an application for
submission to the State of Florida's Office of Tourism, Trade and Economic Development for
designation as an eligible sponsor to receive financial donations, property and/or goods from a
Received - City of Miami
Dept. of Comm* Dowlopment
MAR 0 5 2001
BAME Development Corporation of South Florida, Mrs o
roce
March 5, 2001
Ms. Gwendolyn C. Warren, Director
Department of Community Development
City of Miami
444 SW 2ad Avenue, 2" Floor
Miami, FL 33130
Dear Ms. Warren:
We are making application to qi lify for the Community Contribution Tax Credit Program
through the Office of Tourism, Trade and Economic Development, State of Florida, per
tax credit rule Section 220.183 of the Florida Statutes.
In the application requirements, the sponsor (BAME) must seek a local governmental
resolution certifying that our project, New Hope Overtown, is consistent with local plans
and regulations (see attachment).
Since our resolution would have to come from the City Commission, would you please
schedule our request on the next available agenda for consideration and/or approval.
ShoUld you require any backup data, please advise at 305 373-7233.
Sincerely,
1v14
illiain G. uzy
Executive Director
WGM/rpv
Attachment S LIS
245 NW 8a" St Miami, FL 33136 Ma ling P.O. Box 015488 Miami, FL 33101305 373.1233 Off ce 305 3734015 Fax