HomeMy WebLinkAboutPre-LegislationCity of Miami
Legislation
Resolution: R-12-0167
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00878 Final Action Date: 4/12/2012
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL
AGREEMENT ON BEHALF OF THE CITY OF MIAMI WITH THE TOWN OF CUTLER
BAY, THE VILLAGE OF PALMETTO BAY, THE VILLAGE OF PINECREST, THE
CITY OF SOUTH MIAMI, AND THE TOWN OF MIAMI SHORES, IN
SUBSTANTIALLY THE ATTACHED FORM, FOR THE ESTABLISHMENT OF THE
GREEN CORRIDOR PROPERTY ASSESSMENT CLEAN ENERGY (PACE)
DISTRICT.
WHEREAS, the City of Miami ("City") recognizes the importance of encouraging the expansion
of renewable energy sources in order to diversify the State of Florida's energy supplies, to reduce the
dependence on foreign oil, and to mitigate the effects of climate change; and
WHEREAS, the Florida Legislature passed House Bill 7179 in 2010, which created Florida's
Property Assessment Clean Energy ("PACE") Program; and
WHEREAS, the City would like to encourage the increased use of renewable energy sources
by its residents, but recognizes the most significant impediment to the purchase of products producing
energy from renewable sources is the expense of said purchase; and
WHEREAS, pursuant to Resolution No. 10-0315, adopted July 22, 2010, the City Commission
supported the creation of a Green Corridor Program and directed the City Manager to instruct the
Office of Sustainable Initiatives to implement the program; and
WHEREAS, the City desires to enter into an Interlocal Agreement ("Agreement") with the Town
of Cutler Bay for purposes of providing financing for participating properties for qualifying
improvements as provided in Section 163.08, Florida Statutes; and
WHEREAS, the City Commission finds that this resolution is in the best interest and welfare of
the residents of the City;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
MIAMI:
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 Resolution.
Section 2. The City Manager is authorized{1} to execute an Agreement on behalf of the City
with the Town of Cutler Bay, the Village of Palmetto Bay, the Village of Pinecrest, the City of South
Miami, and the Town of Miami Shores, in substantially the attached form, for the establishment of the
Green Corridor PACE District.
Section 3. The City Commission finds that nonresidential properties shall be the only properties
City of Miami Page 1 of 2 File Id: 11-00878 (Version: 3) Printed On: 4/15/2014
File Number: 11-00878 Enactment Number: R-12-0167
within the City that are eligible to obtain financing pursuant to the PACE Program. Single family and
duplex residential properties are excluded from the Green Corridor PACE District at this time.
Section 4. The City Commission shall, within one year from the adoption of this resolution,
consider the inclusion of such single family and duplex residential properties within the Green Corridor
PACE District
Section 5. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
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 2 of 2 File Id: 11-00878 (Version: 3) Printed On: 4/15/2014
AND
INTERLOCAL AGREEMENT
BETWEEN
THE TOWN OF CUTLER BAY, FLORIDA,
This Interlocal Agreement is entered into between the Town of Cutler Bay,
Florida, a Florida municipal corporation, hereinafter referred to as "Cutler Bay;"
referred to as -the "City B;"
referred to as the "City C;"
and
, Florida, a Florida municipal corporation, hereinafter
and •
, Florida, a Florida municipal corporation, hereinafter
and
the Green Corridor Property Assessment Clean Energy (PACE) District, hereinafter
referred to as the "District."
RECITALS
WHEREAS, Section 163.01, Florida Statutes, the "Florida Interlocal Cooperation
Act of 1969," authorizes local government units to enter into interlocal agreements for
the mutual benefit of governmental units; and
WHEREAS, Section 163.01 (7), Florida Statutes, allows for the creation of a
"separate legal entity" constituted pursuant to the terms .of the interlocal agreement to
carry out the purposes of the interlocal agreement for the mutual benefit of the
governmental units; and
WHEREAS, Cutler Bay, City B, . and City C desire to enter into an interlocal
agreement for establishment of the District as a separate legal entity (Collectively, the
"Parties"); and
WHEREAS, Section 166.021, Florida Statutes, authorizes Cutler Bay, City B
and City C to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, Section 163.08, Florida Statutes, provides that a "local government,"
defined as a county, municipality or a dependent special district as defined in Section
•189.403,. Florida ..Statutes,. may. finance energy related "qualifying improvements"
through voluntary assessments; and
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WHEREAS; 'Section 163.08, Florida Statutes, provides that improved property
that has been ' retrofitted with energy -related qualifying improvements receives the
special benefit of alleviating the property's burden from energy consumption and assists
in the fulfillment of the state's energy and hurricane mitigation policies; and
WHEREAS, Section 163.08(5), Florida Statutes, provides that local governments
may enter into a partnership with one or more local governments for the purpose of
providing and financing qualifying improvements; and
WHEREAS, the Parties to this Interlocal Agreement have expressed a desire to
enter into this Interlocal Agreement in order to authorize the establishment of the District
as a means of implementing and financing a qualifying improvements program for
energy conservation and efficiency improvements within the District; and
WHEREAS, Cutler Bay, City B and City C have determined that it is necessary
and appropriate to create the District and to clarify various obligations for future
cooperation between Cutler Bay, City B and City C related to the financing of qualifying
improvements within the District; and
WHEREAS, Cutler Bay, City B and City C have determined that it shall serve the
public interest to enter into this Interlocal Agreement to make the most efficient use of
their powers by enabling them to cooperate on a basis of mutual advantage to provide
for the financing of qualifying improvements within the District.
NOW, THEREFORE, in consideration of the terms and conditions, promises and
covenants hereinafter set forth, the Parties agree as follows:
Section 1. Recitals Incorporated. The above recitals are true and correct and
incorporated herein.
Section 2, Purpose. The purpose of this Interlocal Agreement is to consent to
and authorize the creation of the District, pursuant to Section 163,08, Florida Statutes in
order to facilitate the financing of qualifying improvements for property owners within the
District. The District shall be a separate legal entity, pursuant to Section 163.01, Florida
Statutes.
Section 3. Qualifying Improvements. The District shall allow the financing of
qualifying improvements as defined in Section 163,08, Florida Statutes.
Section 4. Enabling Ordinance or Resolution. The Parties to this Interlocal
Agreement agree to approve and keep in effect such resolutions and .ordinances as
may be necessary to approve, create and maintain the District. Said ordinances and
resolutions shall include all of the provisions as provided for in Sections 163.01 and
163.08, Florida Statutes, for the creation of a partnership between local governments as
a separate legal entity. The District shall be created upon the execution of this
Interlocal Agreement by the Parties hereto ,and., the ..adoption of an ordinance or
resolution of support by the /Parties • establishing the District. Additional kcal
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governments may join in and enter into this Interlocal Agreement by approval of the
Board (as defined in Section 6 below), execution of this Interlocal Agreement and
adoption of an ordinance or resolution of support establishing the District.
Section 5. District Boundaries. The boundaries of the District shall be the
legal boundaries of the local governments that are Parties to this Interlocal Agreement.
As contemplated in this Interlocal Agreement, the District will assist the local
governments in levying voluntary assessments on the benefitted properties within the
boundaries of the District to help finance the costs of qualifying improvements for those
individual properties. Upon petition by the landowners of individual properties desiring
to be benefited, those properties receiving financing for qualifying improvements shall
be assessed from time to time, in accordance with the applicable law. Notwithstanding
a local government's termination of participation within this Interlocal Agreement, those
properties that have received financing for qualifying improvements shall continue to be
a part of the District, until such time that all outstanding debt has been satisfied.
Section 6. Governing Board of the District. The District shall be governed by a
governing board of the District (the "Board,") which shall be comprised of current
elected officials of the Parties to this Interlocal Agreement and one at large member.
The maximum number of members of the Board serving at any given time shall be no
more than seven (7) and the minimum number of members shall be not less than three
(3). The initial Board which shall serve for an initial four (4) year term and shall consist
of one (1) representative(s) appointed by Cutler Bay, one (1) representative(s)
appointed by City B, and one (1) representative(s) appointed by City C. The initial at
large member of the Board shall be appointed by a majority vote of the Board at its first
regularly scheduled meeting. All subsequent renewal terms shall be for four (4) years.
Following the initial Board appointments, the Parties to this Interlocal Agreement shall
nominate appointees to be elected to the Board by current sitting Board members. In
the event a Board member loses his or her elected seat, that Party to this Interlocal
Agreement. shall appoint a replacement elected official to fulfill the remaining term of
that member. The Board's administrative duties shall include all duties necessary for
the conduct of the Board's business and the exercise of the powers of the District as
provided in Section 11,
Section 7. Decisions of the Board. Decisions of the Board shall be made by
majority vote of the Board. The Board may adopt rules of procedure. In the absence of
the adoption of such rules of procedure, the fundamental parliamentary procedures of
Roberts Rules of Order shall apply.
Section 8. District Staff and Attorney. The Town Manager of Cutler Bay shall
serve as the staff to the District. In addition, the Town Attorney for Cutler Bay shall
serve as the counsel to the District. The Parties agree to designate the Town Manager
of Cutler Bay, as their authorized agent for purposes of signing any agreements
authorized by the Board. After the District has been operating for two years, the Board
may choose to hire different District staff and/or Attorney.
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Section 9: • Authorized Official. The Parties agree to, each identify a local
• official or designee of the respective Party who is authorized to enter into a financing
agreement, pursuant to Section 163.08(8), Florida Statutes, with property owner(s) who
obtain financing through the District.
Section 10. Procurement. The Parties agree and understand that the initial
procurement for a Third Party Administrator will be performed by the Town of Cutler Bay
in accordance with its adopted procurement procedures. Upon the Town of Cutler Bay
selecting the Third Party Administrator (TPA), the Town will enter into an agreement
with the TPA, which will be subsequently assigned to the District.
Section 11. Powers of the District. The District shall exercise any or all of the
powers granted under Sections 163.01 and 163.08, Florida Statutes, as may be
amended from time to time, which include, without limitation, the following:
a. To finance qualifying improvements within the District boundaries;
b. In its own name to make and enter into contracts;
c. To employ agencies, employees, or consultants;
d. To acquire, construct, manage, maintain, or operate buildings, works, or
improvements;
e. To acquire, hold, or dispose of property;
f. To incur debts, liabilities, or obligations which do not constitute the debts,
liabilities, or obligations of any of the Parties to this Interlocal Agreement;
To adopt resolutions and policies prescribing the powers, duties, and
functions of the officers of the District, the conduct of the business of the
District, and the maintenance of records and documents of the District;
9.
h. To maintain an office• at such place or places as it may designate within
the District or within the boundaries of a Party to this lnterlocal Agreement;
To cooperate with or contract with other governmental agencies as may
be necessary, convenient, incidental, or proper in connection with any of
the powers, duties, or purposes authorized by Section 163.08, Florida
Statutes, and to accept funding from local and state agencies;
To exercise all powers necessary, convenient, incidental, or proper in
connection with any of the powers, duties, or purposes authorized in
Section 163.08, Florida Statutes; and
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••.k. • To apply for, request, receive and accept gifts, grants, or assistance funds
from any lawful source to support any activity authorized under this
Agreement.
• Section 12. Quarterly Reports. A quarterly report of the District shall be
completed in accordance with generally accepted Government Auditing Standards by
an independent certified public accountant. At a minimum, the quarterly report shall
include a balance sheet, statement of revenues, expenditures and changes in fund
equity and combining statements prepared in accordance with generally accepted
accounting principles. All records such as, but not limited to, construction, financial,
correspondence, instructions, memoranda, bid estimate sheets, proposal
documentation, back charge documentation, canceled checks, reports and other related
records produced and maintained by the District, its employees and consultants shall be
deemed public records, and shall be made available for audit, review or copying by a
Party to this Interlocal Agreement upon reasonable notice.
Section 13. Term. This Interlocal Agreement shall remain in full force and
effect from the date of its execution; provided, however, that any Party may terminate its
involvement in the District and its participation in this Interlocal Agreement upon ten (10)
days' written notice to the other Parties. Should a Party terminate its participation in this
Interlocal Agreement, be dissolved, abolished, or otherwise cease, to exist, the District
and this Interlocal Agreement shall continue until such time as all, remaining Parties
agree to terminate.
Section 14. Consent. This Interlocal Agreement and any required resolution or
ordinance of an individual Party shall be considered the Parties' consent to the creation
of the District as required by Sections 163.01 and 163.08, Florida Statutes.
•
•
Section 15. Liability. The Parties hereto shall each •be individually and
separately liable and responsible for the actions of its officers, agents and employees in
the performance of their respective obligations under this Interlocal Agreement. Except
as specified herein, the Parties shall each individually defend any action or proceeding
brought against their respective agency pursuant to this Interlocal Agreement and shall
be individually responsible for all of their respective costs, attorneys' fees, expenses
and liabilities incurred as a result of any such claims, demands, suits, actions, damages
and causes of action, including the investigation or the defense thereof, and from and
against any orders, judgments or decrees which may be entered as a result thereof.
For any action or proceeding brought against the District pursuant to this Interlocal
Agreement, the Parties shall each contribute pro rata for all costs, attorneys' fees,
expenses and liabilities incurred as a result of any such claims, demands, suits, actions,
damages and causes of action, including the investigation or the defense thereof, and
from and against any orders, judgments or decrees which may be entered as a result
thereof. The Parties shall each individually maintain throughout the term of this
Interlocal Agreement any and all applicable insurance coverage required by Florida law
for governmental entities.
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Section 16. ' Notices. Any notices to be given hereunder shall be in writing and
shall be deemed 'to have been given if sent by hand delivery, recognized overnight
courier (such as Federal Express), or it must be given by written certified U.S. mail, with
return receipt requested, addressed to the Party for whom it is intended, at the place
specified. For the present, the Parties designate the following as the respective places
for notice purposes:
If to Cutler Bay:
With a Copy to:
If to City B:
If to City C:
Town Manager
Town of Cutler Bay
10720 Caribbean Boulevard, Suite 105
Town of Cutler Bay, Florida 33189
Weiss Serota Helfman
Pastoriza Cole & Boniske, P.L.
2525 Ponce de Leon Boulevard
Suite 700
Coral Gables, Florida 33134
Section 13. Amendments. It is further agreed that no modification, amendment
or alteration in the terms or conditions herein shall be effective unless contained in a
written document executed by the Parties hereto and the District.
Section 14: Filing. It is agreed that this Interlocal Agreement shall be filed with
the Clerk of the Circuit Court of Miami -Dade County, as required by Section 163.01(11),
Florida Statutes.
Section 15. Joint Effort. The preparation of this Interlocal Agreement has been
a joint effort of .the Parties hereto and theresulting document shall not, solely as a
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matter. of judicial construction, be construed more severely against one of the Parties
than the other.
• Section 16. • Merger. This Interlocal Agreement incorporates and includes all
prior negotiations, correspondence, agreements or understandings applicable to the
matters contained herein; and the Parties ,agree that there are no commitments,
agreements or understandings concerning the subject matter of this Interlocal
Agreement that are not contained in this document. Accordingly, the Parties agree that
no deviation from the terms hereof shall be predicated upon any prior representations or
agreements whether oral or written It is further agreed that no change, amendment,
alteration or modification in the terms and conditions contained herein shall be effective
unless contained in a written document executed with the same formality and of equal
dignity herewith by all Parties to this Interlocal Agreement.
Section 17. Assignment. The respective obligations of the Parties set forth in
this Interlocal Agreement shall not be assigned, in whole or in part, without the written
consent of the other Parties hereto.
Section 18. Records. The Parties shall each maintain their own respective
records and documents associated with this Interlocal Agreement in accordance with
the requirements for records retention set forth in Chapter 119, Florida Statutes.
Section 19. Governing Law and Venue. This Interlocal Agreement shall be
governed, construed and controlled according to the laws of the State of Florida. Venue
for any claim, objection or dispute arising out of the terms of this Interlocal. Agreement
shall be proper exclusively in Miami -Dade County, Florida.
Section 20. Severability. In the event a portion of this Interlocal Agreement is
found by a court of competent jurisdiction to be invalid, the remaining provisions shall
continue to be effective.
Section 21. Effective Date and Joinder by District. This Interlocal Agreement
shall become effective upon the execution by the Parties hereto. It is agreed that,. upon
the formation of the District, the District shall thereafter join this Interlocal Agreement
and that the District shall thereafter be deemed a'Party to this Interlocal Agreement as if
it were an original Party thereto.
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:IN WITNESS WHEREOF; the Parties hereto have made and executed this
Interlocal Agreement on this day of , 2011.
ATTEST: TOWN OF CUTLER BAY,, a municipal
corporation of the State of Florida
BY: BY:
Town Clerk Town Manager
(Affix Town Seal)
Approved by Town Attorney
as to form and legal sufficiency
8
Town Attorney
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