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HomeMy WebLinkAboutCRA-R-06-0008 Back-UpARTICLE CXIV. COMMUNITY REDEVELOPMENT REQUEST POLICY* Page 1 of 1 ARTICLE CXIV. COMMUNITY REDEVELOPMENT REQUEST POLICY* *Editor's note: Ord. No. 03-210, §§ 2, 3, adopted Oct. 7, 2003, did not specifically amend the Code. Hence, its inclusion herein as article CXIV, sections 2-1741, 2-1742, was at the discretion of the editor. Sec. 2-1741. Findings. This Board hereby finds that it is necessary to establish a policy by which the Board will consider requests from municipalities or community redevelopment agencies created by municipalities, for certain actions by the Board pursuant to the provisions of the Act or Interlocal Cooperation Agreement, including but not limited to: 1) creation of new tax increment districts within their municipal boundaries; 2) approval of amendments to an Interlocal Cooperation Agreement: 3) approval of an annual budget for ex penditure of monies on deposit in the Trust Fund; 4) amendments to the redevelopment plan; and/or 5) any other matter that requires the approval of the Board. This Board hereby finds that it is in the best interest of the citizens of Miami -Dade County to require as a condition precedent to the Board's consideration of such municipal or agency requests that such municipality, in its sole discretion pursuant to § 163.387(2)(d)(1), F.S, exempt The Children's Trust, an independent special taxing district, from the provisions of Section 163.387(2)(a) for the term of collection of The Children's Trust ad valorem tax, including any extension of this ad valorem tax levy which is approved by the voters of Miami -Dade County. However, if a municipality demonstrates to the reasonable satisfaction of the County that it is legally or contractually prohibited from exempting the Children's Trust in the manner required by this ordinance, then such municipality shall utilize any alternative method that results in the same or substantially the same benefit to the Children's Trust as if such municipality had exempted The Children's Trust. Any municipality that must use an alternative method shall be in compliance with this ordinance if s uch alternative method: (i) provides that the benefit accrues to The Children's Trust for the term of the collection of The Children's Trust ad valorem tax, including any extension of this ad valorem tax approved by the voters of Miami -Dade County; and (ii) is approved by the Board by resolution prior to the municipality's implementation. (Ord. No. 03-210, § 2, 10-7-03) Sec. 2-1742. Children's Trust exempted. For all community redevelopment agencies created by the Board after the establishment of The Children's Trust independent special taxing district, the Board hereby, in its sole discretion pursuant to §163.387(2)(d)(1), exempts The Children's Trust, an independent special taxing district, from the provisions of §163.387(2)(a), F.S. for the term of collection of The Children's Trust ad valorem tax, including any extension of this ad valorem tax levy which is approved by the voters of Miami -Dade County. (Ord. No. 03-210, § 3, 10-7-03) Sec. 2-1743--2-1750. Reserved. http://library3.municode.corn/mcc/DocView/10620/1/18/158?hilite=creation of new tax incr... 2/3/2006 Legislative Matter Page 1 of 1 File Number: 031997 File Type: Ordinance Status: Public Hearing Version: 0 Reference: Control: County Commission File Name: CRA W/ REGARD COMMUNITY REDEVELOPMENT AND Introduced: CHILDRENS TRUST 6/30/2003 Requester: NONE Cost: Final Action: Agenda Date: 10/7/2003 Agenda Item Number: 4S Notes: Title: ORDINANCE RELATING TO ESTABLISHMENT OF POLICY FOR CONSIDERATION OF REQUESTS BY MUNICIPALITIES AND/OR COMMUNITY REDEVELOPMENT AGENCIES WITH REGARD TO COMMUNITY REDEVELOPMENT; AND PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Indexes: COMMUNITY DEVELOPMENT Sponsors: Natacha Seijas CHILDRENS TRUST Sunset Provision: No Effective Date: Expiration Date: Registered Lobbyist: None Listed http://www.miamidade.gov/govaction/matter.asp?matter=031997&filertrue&yearFolder=Y... 2/3/2006 DRAFT INTERLOCAL AGREEMENT AMONG THE CHILDREN'S TRUST. THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, THE CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA This Interlocal Agreement ("'Agreement") is made and entered into this day of 2006 among The Children's Trust, Miami -Dade County, an independent special taxing district created by Miami -Dade County pursuant to Section 125.901, Florida Statutes (the "Trust"); The Southeast Overtown/Park West Community Redevelopment Agency, The Omni Redevelopment District Community Redevelopment Agency, both public agencies and bodies corporate created pursuant to Section 163.356, Florida Statutes (collectively the "CRAs"); the City of Miami, a municipal corporation of the State of Florida (the "City"); and Miami -Dade County, Florida, a political subdivision of the State of Florida (the "County"), for the purpose of establishing the use of incremental tax revenues to be derived from the imposition of a half -mil tax levied by the Trust against real property located within the CRAs' redevelopment areas (the "Trust Revenues"). WHEREAS, the Trust was established as a result of a county -wide referendum in which the electors of the County approved the creation of the Trust and its imposition of a not -to - exceed half -mil tax levy against all non-exempt real property in Miami -Dade County for the purpose of funding improvements to children's health, development and safety, and promoting parental and community responsibility for children who reside in Miami -Dade County; and WHEREAS, Chapter 163, Part III, Florida Statutes, also known as the Community Redevelopment Act of 1969 (the "Act"), provides for the creation of community redevelopment agencies and governs the use of moneys in the redevelopment trust funds created in accordance with the Act (each, a "fund"); and WHEREAS, the Miami City Commission accepted delegations of powers from the Miami -Dade County Board of County Commissioners (the "Board"), found a need for and created the CRAs to have jurisdiction over their respective community redevelopment areas, Page 1 of 6 declared the City Commission to be the members of the CRAs, granted the CRAs the right to exercise certain powers permitted by the Act, and directed the preparation and adoption of community redevelopment plans for the respective redevelopment areas; and WHEREAS, the CRAs may have pledged current and future tax increment revenues they are entitled to receive pursuant to the Act from all non-exempt taxing authorities including tax increment revenues from any additional tax levies created subsequent to the creation of the CRAs and the issuance of the debts, such as the Trust Revenues; and WHEREAS, the City may have pledged certain City revenues as additional security for the debts; and WHEREAS, the Board enacted Ordinance No. 03-210, with an effective date of October 17, 2003, that established a policy that the Board will not consider any matter concerning a community redevelopment agency, including the approval of an annual CRA budget, until a governing body, such as the City, shall first exempt the Trust from having to deposit its Trust Revenues with the community redevelopment agency; and WHEREAS, the City and CRAs are unable to obtain review of matters by the Board, including CRA budgets, unless they comply with the Ordinance; and WHEREAS, the City, the CRAs and the County wish to assist the Trust in carrying out its programs within the redevelopment areas by agreeing to remit the Trust Revenues to the Trust pursuant to the provisions of this Agreement; and WHEREAS, there are children and families who reside within the redevelopment areas of the CRAs' and are in need of the services described in the Trust's Strategic Framework 2003- 2007, and there are a number of agencies which may provide quality services to these children and families if provided with financial assistance; and WHEREAS, in exchange for the City's and the CRAs' cooperation. The Trust will annually make funds available for children's programs within the Southeast Overtown/Park West Community Redevelopment Agency's redevelopment area and the Omni Redevelopment District Community Redevelopment Agency's redevelopment area in the amount of the annual Trust Revenues generated by that area upon the conditions set forth in this Agreement; and WHEREAS, the Trust, the CRAs, the City, and the County desire to enter into this Agreement in order to establish their cooperation and agreement with respect to the use of the Trust Revenues; NOW, THEREFORE, the parties agree as follows: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Page 2 of 6 Section 2. The City, the CRAs and the County agree that the CRAs shall: (i) use the Trust Revenues for debt service on, and other obligations relating to, existing debts of the CRAs only after all other available tax increment revenues have been exhausted for such purpose; and (ii) remit to the Trust on the last day of the CRA's fiscal year; all of the Trust Revenues that are not needed for debt service on, or other obligations relating to, existing debts of the CRAs and which are eligible to be refunded pursuant to the Act. Section 3. The Trust will annually make available funds in the amount of the annual Trust Revenues generated from each CRA's respective redevelopment area for programs and services to children and families within that redevelopment area. Funds shall be made available through a competitive process, to the CRAs, the City, and/or agencies and organizations that provide said programs and services within the CRA redevelopment areas. In order to receive funding, however, the CRAs, the City, the agency or organization must provide a program or service that falls within the Trust's funding priorities and quality standards. The CRAs, the City and/or any agency or organization is in no way restricted from participating in, and shall not be prejudiced by, having previously received an award or commitment for funding from any other competitive funding opportunities offered by the Trust. Section 4. The CRAs may, at reasonable times, and for a period of up to three (3) years following the date of payment by the to the Trust under this Agreement, audit, or cause to be audited, those books and records of the Trust or any provider paid by the Trust related to the Trust's performance under this Agreement. The Trust agrees to maintain all such books and records at its outside storage for a period of three (3) years after payment is made under this Agreement or until all claims or audit findings have been resolved. The CRAs may, at reasonable times and upon reasonable advance notice during the term hereof, inspect the Trust's, or any provider paid by the Trust to perform services in fulfillment of this Agreement, facilities and perform such tests, as the CRA deems reasonably necessary. All tests and inspections shall be subject to, and made in accordance with, the provisions of Section 18 of the Code of the City of Miami, Florida, as same may be amended or supplemented, from time to time. Section 5. This Agreement shall be effective upon execution by all parties and shall continue for as long as the Trust is in existence and can levy ad valorem taxes. Section 6. This Agreement is made in the State of Florida and shall be governed according to the laws of the State of Florida. The sole venue for any action arising from this Agreement shall be Miami -Dade County, Florida. Section 7. Should the provisions of this Agreement require judicial or arbitral interpretation, it is agreed that the judicial or arbitral body interpreting or construing the same shall not apply the assumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party which itself or through its agents prepared same, it being agreed that the agents of both parties have equally participated in the preparation of this Agreement. Section 8. Any alterations: variations, modifications, extensions or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, duly Page 3 of 6 approved and signed by all parties, and attached to the original of this Agreement. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof. Section 9. This Agreement may be executed in four (4) or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same agreement. Section 10. This Agreement contains all the terms and conditions agreed upon by the parties. No other Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. If any provision of this Agreement is held invalid or void, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective and duly authorized officers as of the day and year first above written. ATTEST: By: Print: ATTEST: THE CHILDREN'S TRUST, MIAMI- DADE COUNTY, an independent special district created by Miami -Dade County pursuant to Section 125.901, Florida Statutes ("Trust") By: Modesto E. Abety Chief Executive Officer SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("CRA") By: By: Priscilla A. Thompson Frank K. Rollason Clerk of the Board Executive Director Page 4 of 6 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("CRA") ATTEST: By: By: Priscilla A. Thompson Frank K. Rollason Clerk of the Board Executive Director ATTEST: THE CITY OF MIAMI, a municipal corporation of the State of Florida ("Miami") By: By: Pricilla A. Thompson Joe Arriola City Clerk City Manager APPROVED AS TO INSURANCE APPROVED AS TO FORM AND REQUIREMENTS: CORRECTNESS: DANIA CARRILLO Administrator Risk Management JORGE L. FERNANDEZ CRA General Counsel Page 5 of 6 MIAMI-DADE COUNTY, FLORIDA, a political subdivision of the State of Florida ATTEST: By: By: Deputy Clerk George Burgess, County Manager APPROVED AS TO FORM AND LEGAL AND SUFFICIENCY By: Assistant County Attorney Page 6 of 6