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HomeMy WebLinkAboutcounty resolutionLegislative Matter Page 1 of 5 File Number: 050232 Version: 0 Miami -Dade Legislative Item File Number: 050232 Printable PDF Formal: Download File Type: Resolution Status: Adopted Reference: R-213-05 Control: County Commission File Name: CITY OF MIA. SLUM & BLIGHTED AREA CRA Introduced: 1/27/2005 Requester: Office of Community and Cost: Final Action: 3/1/2005 Economic Development Agenda Date: 3/1/2005 Agenda Item Number: 4U Notes: JAM Title: RESOLUTION DECLARING CERTAIN GEOGRAPHIC AREA OF THE CITY OF MIAMI, FLORIDA DESCRIBED IN MORE DETAIL IN THIS RESOLUTION TO BE A SLUM OR BLIGHTED AREA, DECLARING THE REBUILDING, REHABILITATION, CONSERVATION AND REDEVELOPMENT OF THE AREA TO BE IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY, MORALS AND WELFARE OF RESIDENTS OF THE CITY OF MIAMI AND OF MIAM1-DADE COUNTY, FLORIDA, FINDING NEED FOR CREATION OF COMMUNITY REDEVELOPMENT AGENCY, AND DELEGATING CERTAIN COMMUNITY REDEVELOPMENT POWERS TO THE CITY OF MIAMI Indexes: NONE Sponsors: NONE Sunset Provision: No Registered Lobbyist: None Listed Effective Date: Expiration Date: Legislative History Acting Body Date Agenda Action Sent To Due Date Returned Pesti/Fall Item Board of County 3/1/2005 4U Adopted Commissioners Community 2/8/2005 41 Forwarded to BCC Empowerment & with a favorable Econ. recommendation Revitalization Cmte. htto://www.co.miami-dade.fl.us/govaction/matter. asp?matter=050232&file=true&yearhold... 4/25/2005 Legislative Matter Page 2 of 5 County Attorney 1 /31 /2005 County Manager 1/27/2005 County Manager 1/27/2005 Assigned Assigned Referred Shannon D. Summerset 1 /31 /2005 Tony Crapp 1/27/2005 Community 2/8/2005 Empowerment & Econ. Revitalization Cmte. County Manager REPORT: 1/27/2005 Assigned County Attorney 3/1/2005 OCED (CEERC COMTE) PH 3/1/05 BCC- FULL BOARD [ATTACHMENTS: CITY OF MIA, REDEVELOPMENT STUDY] Legislative Text TITLE RESOLUTION DECLARING CERTAIN GEOGRAPHIC AREA OF THE CITY OF MIAMI, FLORIDA DESCRIBED IN MORE DETAIL IN THIS RESOLUTION TO BE A SLUM OR BLIGHTED AREA, DECLARING THE REBUILDING, REHABILITATION, CONSERVATION AND REDEVELOPMENT OF THE AREA TO BE IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY, MORALS AND WELFARE OF RESIDENTS OF THE CITY OF MIAMI AND OF MIAMI-DADE COUNTY, FLORIDA, FINDING NEED FOR CREATION OF COMMUNITY REDEVELOPMENT AGENCY, AND DELEGATING CERTAIN COMMUNITY REDEVELOPMENT POWERS TO THE CITY OF MIAMI BODY Whereas, the Florida Legislature enacted the Community Redevelopment Act of 1969 during its 1969 Legislative Session, which enactment is presently codified in the Florida Statutes as Part III of Chapter 163, Sections 163.330 through 163.450, as amended, (Act), and Whereas, all powers arising pursuant to the Act are conferred upon counties with Home Rule Charters, which counties in turn are authorized to delegate certain such powers to municipalities within their boundaries; and Whereas, such authorization for counties to delegate such powers to municipalities is contained in Section 163.410 of the Act, which provides that in home rule counties, the powers conferred by the Act shall be exercised exclusively by the governing body of such county, provided, however, the governing may, in its discretion, by resolution, delegate certain of those powers to a municipality, and Whereas, the City Commission of the City of Miami (the City) adopted a resolution which, among other things, authorized the City Manager to prepare a Finding of Necessity Study to establish whether a need for the rehabilitation, conservation or redevelopment, or a combination of each exists in such area; and Whereas, the Board considered the Findings of Necessity Report attached as Exhibit A (the Report), concerning the existence of slum and blighted area within the boundaries of the area designated by the City and identified in such Report, and Whereas, the Board concurs with the City and the Finding of Necessity Report and finis that one or more slum or blighted areas, as defined in Section 153.340 of the Act exist within the area of the City http://www.co.miami-dade. fl.us/govaction/matter.asp?matter=050232&file=true&yearFold... 4/25/2005 Legislative Matter Page 3 of 5 identified in the Report, and Whereas, the Board finds that rebuilding, rehabilitation, conservation, and/or redevelopment of said slum or blighted area is necessary in the interest of the public health, safety, morals, and welfare of the residents of the City and of Miami -Dade County, and Whereas, the Board finds that said slum or blighted area is appropriate for redevelopment, and Whereas, the Board finds that there is a need for a community redevelopment agency within the City to carry out the community redevelopment purposes of the Act, and Whereas, the Board desires to delegate certain community redevelopment powers to the City pursuant to the Act. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, THAT: Section 1. The foregoing recitations are incorporated as a part of this resolution by reference. Section 2. Based on findings of the Report, a blighted or slum area exists in an area of the City generally described as bounded by NE 36th Street on the north, NE 2nd Avenue on the east, NE 29th Street on the south, and North Miami Avenue on the west, which is referred to as the "Mid -Town Miami Redevelopment Area". Section 3. The rebuilding, rehabilitation, conservation and redevelopment of the Mid -Town Miami Redevelopment Area is necessary in the interest of the public health, safety, morals, and welfare of the residents of the City and of Miami -Dade County as a whole, said finding of necessity being made within the meaning of the Act. Section 4. The Mid -Town Miami Redevelopment Area is found and declared to be a slum or blighted area as defined in Section 163.340 of the Act as applied to Miami -Dade County. Section 5. There is a need for a community redevelopment agency (CRA) to function in the City to carryout the community redevelopment purposes of the Act. Section 6. The Board delegates the community redevelopment power to the City to create a CRA pursuant to the Act with the sole power initially to prepare and adopt a plan of redevelopment for the Mid -Town Miami Redevelopment Area, to submit it to the City's Planning Advisory Board for review as required the Act and upon the completion of such review, to submit it to this Board for approval after notice and public heating. Section 7. The Board shall consider the delegation of additional community redevelopment powers to the CRA in the form of an inter -local agreement by subsequent resolution of this Board.. HEADER Date: To: Honorable Chairperson Joe A. Martinez and Members Board of County Commissioners From: George M. Burgess County Manager Subject: Resolution Declaring Certain Geographic Areas of the City of Miami to be a Slum and Blighted Area and Finding of Need for Creation of a Community Redevelopment Agency MANAGER'S BACKGROUND It is recommended that the Board of County Commissioners (BCC), approve the accompanying resolution, declaring a certain geographic area of the City of Miami, Florida generally described as bounded by NE 36th Street on the north, NE 2nd Avenue on the east, NE 29th Street onthe south and http://www.co.miami-dade. fl.us/govaction/matter. asp?matter=050232&file=true&yearFold... 4/25/2005 Legislative Matter Page 4 of ;5 North Miami Avenue on the west to be a slum and blighted area, pursuant to Chapter 1(53, Part III, Florida Statutes. Such area is referred to as the Mid -Town Miami Redevelopment Area (the Redevelopment Area). It is also recommended that the BCC delegate certain redevelopment powers to the City of Miami, so that the City may take the appropriate measures to create a Community Redevelopment Agency for the sole purpose of preparing a Redevelopment Plan. BODY In 1969, the Florida Legislature enacted the Community Redevelopment Act of 1969, as it is presently contained in Part III, Chapter 163, Florida Statutes, as amended (the Act). The Act authorized counties and municipalities in the State of Florida to create community redevelopment agencies and to prepare community redevelopment plans, with which community redevelopment projects may be undertaken to eliminate and prevent the development and spread of slum or blighted areas, through the use of creative financing mechanisms. In order to implement the Act, the County must adopt a resolution finding that: 1. An area within the municipal boundaries of the City to be a slum or blighted area, and 2. That rehabilitation, conservation, or redevelopment, or a combination thereof, of the Redevelopment Area is necessary in the interest of the public health, safety, morals or welfare of the residents of the County. The City of Miami Commission recently adopted a resolution authorizing the City Manager to conduct a "Finding of Necessity Study" for the creation of a Community Redevelopment Agency. On April 27, 2004 the BCC approved Resolution R-496-of, authorizing an interlocal agreement between the County, the City and the Midtown Miami Community Development District (CDD). The agreement provided for Economic Development Payments (EIP) to further the development of the proposed redevelopment area by securing financial contributions to the CDD from the City and the County to defray the cost of parking infrastructure and a public plaza. The interlocal agreement stated that the City and the County desire to establish a Community Redevelopment Agency (CRA) and trust fund, prior to June 30, 2005, in order to use such agency's tax increment financing revenues to replace the obligation of the two parties' EIP payments. A Finding of Necessity (FON) Report (Exhibit "A") examined the conditions in the proposed Redevelopment Area and concluded that blight, as defined in the Act exists based on the following factors: 1. Predominance of defective or inadequate street layouts, transportation and parking facilities 2. Unsanitary and unsafe conditions The Miami -Dade County Tax Increment Financing and Coordinating Committee (TIFCC) have reviewed the report and support its conclusions. The City cannot proceed with the redevelopment of the proposed Redevelopment Area unless the Board delegates certain redevelopment powers to the City. At its request and in order to assist the City in its redevelopment efforts, it is recommended that the City be delegated the power to declare the need for and create a Community Redevelopment Agency for the sole purpose of preparing and adopting a Redevelopment Plan subject to the subsequent review and approval of the City's Planning Advisory Board and the Board. All powers not specifically delegated to the City are reserved exclusively for the Board„ Any delegations of additional powers beyond the preparation of the Community Redevelopment Plan will be determined through the review of the redevelopment plan and further action by the BCC in considering implementation of community redevelopment activities. Approval by the Board of the Mid -Town Miami Redevelopment Area and the creation of a Community Redevelopment Agency with certain redevelopment powers does not necessarily lead to the establishment of the Tax Increment Financing Dist. A viable redevelopment plan is a prerequisite for such action. httpi/www.co.miami-dade.fl.us/govaction/rnatter,asp?matter=050232&file=true&yearFold... 4/25/2005 Legislative Matter Page 5 of 5 Tony E. Crapp, Sr., Assistant County Manager Home I Agendas I Minutes I Legistative Search I Lobbyist Registration I Legislative Reports 2005 BCC Meeting Calendar I Miami -Dade County Code or Ordinance ❑ Home I Using Our Site f About I Phone Directory I Privacy I !Disclaimer E-mail your comments, questions and suggestions to Webmaster Web Site a 2005 Miami -Dade County. All rights reserved. http : //www. co . mi ami -dade. fl. us/t;ovaction/matter. asp?matter=05 0232 &file= true&yearF old... 4/25/2 00 5