HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Dwight S. Danie, City C
FROM: Julie O. Attorneyn(6
DATE: December 10, 2012
RE: "Scrivener's Error"/Clarification Due to Legislative Process Update
Modification by Law
City Commission Meeting and OMNI CRA Board Meeting, both occurring on
October 25, 2012, City Commission Resolution No. 12-0410 and CRA
Resolution No. CRA-R-12-0077
On October 25, 2012, the City Commission adopted Resolution No. 12-0410, which
contained a blank for the resolution number of the related item being considered that day by the
Board of Commissioners of the OMNI Community Redevelopment Agency ("OMNI CRA")
pursuant to CRA Resolution CRA-R-12-0077, due to the timing of legislative processes and
updates to the agenda legislation systems for both the City Commission and the OMNI CRA.
Corrected City Commission Resolution No. 12-0410 is attached reflecting the
"scrivener's error"/clarification to reference CRA-R-12-007 and reflects the changes that have
been made in Legistar.
Attachment(s)
a
D
354030
12- Gilgit- Scrivener s Error (rlerno
City of Miami
Legislation
Resolution: R-12-0410
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-01144 Final Action Date:10/25/2012
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE ACCEPTANCE OF AN ANNUAL GRANT FROM THE OMNI
REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, IN AN
AMOUNT EQUAL TO THE PRINCIPAL AND INTEREST DUE ANNUALLY ON
BONDS/DEBT OBLIGATIONS TO BE ISSUED BY THE CITY OF MIAMI TO FUND
ITS PORT TUNNEL DEBT OBLIGATION; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE THE INTERLOCAL AND GRANT AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, AND ALL DOCUMENTS NECESSARY,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE.
WHEREAS, the Omni Redevelopment District Community Redevelopment Agency ("OMNI CRA")
and the City of Miami ("City") entered into the Interlocal Agreement Between The City of Miami,
Miami -Dade County, Southeast Overtown Park West CRA, and Omni CRA to Provide Funding for
Major Projects for the Benefit of All Parties dated December 31, 2007 ("Global Agreement"); and
WHEREAS, the Global Agreement describes the Port Tunnel Project as consisting of widening the
MacArthur Causeway Bridge, construction of a tunnel between Watson Island and Dodge Island and
roadway improvements on Watson Island and the Port of Miami; and
WHEREAS, the Global Agreement states that the purpose of the Port Tunnel Project is to ensure
the economic vitality and growth of the Port of Miami and reduce congestion and improve the quality of
life of the OMNI CRA, the Southeast Overtown/Park West Community Redevelopment Agency and
downtown Miami, by removing over 5,000 port -bound trucks per day from the local streets; and
WHEREAS, pursuant to the terms of the Global Agreement, Miami -Dade County ("County"), the
City and the OMNI CRA agreed to amend the OMNI CRA Redevelopment Plan to include a financial
contribution for the Port Tunnel Project from the OMNI CRA to the City, and further to expand its
boundaries to include Watson Island; and
WHEREAS, the Interlocal Cooperation Agreement by and among the County, the City, and the
OMNI CRA, dated June 24, 1996 ("Original Interlocal"), as restated in the Global Agreement, obligated
the OMNI CRA to pay the first $1.43 million of Tax Increment Financing Revenues collected each year
to the County for the payment of County Debt Service Payment on the Performing Arts Center Bonds,
which obligation would cease when the Performing Arts Center Bonds are no longer outstanding; and
WHEREAS, the OMNI CRA is responsible for carrying out community redevelopment activities and
projects within its Redevelopment Area in accordance with its approved Redevelopment Plan; and
WHEREAS, in connection with the Port Tunnel Project, pursuant to Resolution Nos. 10-0565 and
10-0566 adopted by the Miami City Commission ("Commission") on December 16, 2010, and
Resolution No. CRA-R-10-0074 adopted on September 20, 2010 by the Board of Commissioners of
City of Miami Page 1 of 3 File Id: 12-01144 (Version: 3) Printed On: 12/11/2012
File Number: 12-01144 Enactment Number: R-12-0410
the Omni Redevelopment District Community Redevelopment Agency of the City of Miami ("OMNI
CRA Board"), the Commission and the OMNI CRA Board authorized certain payments, through grants
and otherwise, to be made to the Florida Department of Transportation and the Commission
authorized the City to enter into a Loan Agreement with Wells Fargo Bank, National Association and
for the City to issue its Revenue Note Series 2010 (Port of Miami Tunnel and Access Improvement
Project) in the principal amount of $50,000,000 dated January 5, 2011 ("Tunnel Note"); and
WHEREAS, pursuant to Resolution No. R-622-12, adopted by the Board of County Commissioners
of Miami -Dade County ("Board") on July 3, 2012, and Resolution No. 12-0284, adopted by the City
Commission on July 26, 2012, the Board and the City Commission, authorized the issuance and
receipt of an annual grant from the OMNI CRA to the City from all legally available OMNI CRA
revenues in an amount equal to the principal and interest, premiums, if any, and redemption fees, if
any, due annually on bonds/debt obligations to be issued by the City to refinance the Tunnel Note
("Annual Grant"); and
WHEREAS, the City is in the processes of refinancing the Tunnel Note with Wells Fargo Bank,
National Association, in the not to exceed amount of $50,000,000 ("Tunnel Debt Obligation") and the
OMNI CRA will continue to provide financial support to the City under the terms of this Grant
Agreement; and
WHEREAS, the OMNI CRA Board, by Resolution No. CRA-R-12-0077, passed and adopted on
October 25, 2012, authorized the issuance of an Annual Grant to the City, in an amount equal to the
principal and interest due annually on bonds/debt issued by the City to fund its Tunnel Debt; and
WHEREAS, the Annual Grant from the OMNI CRA to the City shall be subordinate to the OMNI
CRA's annual payment to the County pursuant to Exhibit A of the Original Interlocal; and
WHEREAS, the OMNI CRA and the City wish to enter into this Grant Agreement to set forth the
terms and conditions relating to the use of this grant;
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 fully set forth in this Section.
Section 2. The acceptance of an Annual Grant from the OMNI CRA, in an amount equal to the
principal and interest due annually on bonds/debt obligations issued by the City to fund its Port Tunnel
debt obligation, is authorized.
Section 3. The City Manager is authorized {1} to execute the Interlocal and Grant Agreement, in
substantially the attached form, and all documents necessary, in a form acceptable to the City
Attorney, for said purpose.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {2}
City of Miami Page 2 of 3 File Id: 12-01144 (Version: 3) Printed On: 12/11/2012
File Number: 12-01144 Enactment Number: R-12-0410
APPROVED AS TO FORM AND CORRECTNESS:
3 h BRU JULIE O.
CITY ATTORNEY
Footnotes:
{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: 12-01144 (Version: 3) Printed On: 12/11/2012