HomeMy WebLinkAboutPre-LegislationCity of Miami
Legislation
Resolution: R-15-0218
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-00608 Final Action Date: 5/14/2015
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
DIRECTING THE CITY MANAGER TO NEGOTIATE A GRANT AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE PARKS FOUNDATION
OF MIAMI-DADE, INC. ("FOUNDATION"), A NOT -FOR -PROFIT CORPORATION,
FOR THE PURPOSES OF PROVIDING FUNDING IN THE AMOUNT OF
TWO -HUNDRED THOUSAND DOLLARS ($200,000.00) TO THE FOUNDATION AS
PREVIOUSLY ALLOCATED PURSUANT TO RESOLUTION NO. 14-0383, ADOPTED
SEPTEMBER 29, 2014, FOR PARKS AND RECREATION SYSTEM
IMPROVEMENTS AS DEFINED IN SECTION 13-5 OF THE CODE OF THE CITY OF
MIAMI ("CITY") FOR THE UNDERLINE (FORMERLY KNOWN AS THE GREENLINK
PROJECT) WITHIN THE CITY LIMITS OF THE CITY OF MIAMI; FURTHER
DIRECTING THE CITY MANAGER TO SUBMIT THE PROPOSED GRANT
AGREEMENT FOR CITY COMMISSION APPROVAL WITHIN NINETY (90) DAYS OF
THIS RESOLUTION.
WHEREAS, pursuant to Resolution No. 14-0383, adopted September 29, 2014 (attached and
incorporated hereby as Composite Exhibit A), the Miami City Commission authorized, inter alia, the
allocation in an amount of two -hundred thousand dollars ($200,000.00) for the Underline/Greenlink
project from Impact Fee funds through Project No. B-40598; and
WHEREAS, on May 22, 2014, the Miami City Commission expressed support and endorsed the
Greenlink project (n/k/a the Underline) via Resolution No. 14-0210 (attached and incorporated hereby
as Composite Exhibit B); and
WHEREAS, the Friends of the Underline, Inc., a Florida not -for -profit corporation, has entered into
an agreement with the Parks Foundation of Miami -Dade Inc., a Florida not -for -profit corporation to
develop the Underline/Greenlink project; and
WHEREAS, the Miami -Dade Parks Department has requested these funds and determined the
method and means of development of the Underline/Greenlink project (attached and incorporated
hereby as Composite Exhibits C and D, respectively); and
WHEREAS, the City Commission recognizes that numerous economic, social, health, and
environmental benefits that would ensue from realization of the Underline/Greenlink as a linear park;
NQW, 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 City Manager is authorized {1} to negotiate a grant agreement, in a form acceptable
City of Miami Page 1 of 2 File Id: 15-00608 (Version: 1) Printed On: 8/28/2015
File Number: 15-00608
Enactment Number: R-15-0218
to the City Attorney, with the Parks Foundation of Miami -Dade, Inc. ("Foundation"), a not -for -profit
corporation, for the purpose of providing funding in the amount of two -hundred thousand dollars
($200,000.00) to the Foundation as previously allocated pursuant to Resolution No. 14-0383, adopted
September 29, 2014, for parks and recreation system improvements as defined in Section 13-5 of the
Code of the City of Miami, Florida, for the Underline (formerly known as Greenlink Project) within the
City limits of the City of Miami.
Section 3. The City Manager is further authorized{1 }, after consultation with the City Attorney, to
draft all other necessary document(s) for said purpose and to bring those documents back to the City
Commission for approval within ninety (90) days.
Section 4. 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 Charter and Code
provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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: 15-00608 (Version: 1) Printed On: 8/28/2015
City of Miami
Legislation
Resolution: R-14-0383
City Hall
3500 Pan American
Drive
Miami, FL 33133
www,miamigov,com
File Number:.14-00923a Final Actions .Date:9/29/2014
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
DECLARING THE OFFICIAL INTENT OF THE CITY OF MIAMI, FLORIDA ("CITY")
TO ISSUE TAX-EXEMPT AND TAXABLE SPECIAL OBLIGATION BONDS IN THE
EXPECTED TOTAL MAXIMUM PRINCIPALAMOUNT OF TEN MILLION, ONE
HUNDRED THOUSAND DOLLARS (S.10,100,000,00) IN ORDER TO, AMONG
OTHER THINGS, REIMBURSE ITSELF FROM THE PROCEEDS OF SUCH
SPECIAL OBLIGATION BONDS FOR FUNDS ADVANCED BY THE CITY FOR
CERTAIN EXPENSES INCURRED WITH RESPECT TO CITYWIDE
ENVIRONMENTAL REMEDIATIONAND CERTAIN RELATED CAPITAL
IMPROVEMENTS PROJECTS; ESTABLISHING CERTAIN RELATED DEFINITIONS
OF TERMS; AND AUTHORIZING CERTAIN FURTHER AND INCIDENTAL ACTIONS
BY THE CITY MANAGER, IN CONSULTATION WITH THE CITY ATTORNEY AND
BOND COUNSEL, AND SUCH OTHER APPROPRIATE OFFICERS, EMPLOYEES,
AND AGENTS OF THE CITY,AS THE CITY MANAGER DEEMS NECESSARY, ALL
AS REQUIRED FOR PURPOSES OF SECTIONS 103 AND 141-150 OF THE
INTERNAL REVENUE CODE OF 1986, AS AMENDED; FURTHER AUTHORIZING
RELATED AMENDMENTS TO THE CITY'S MULTI -YEAR CAPITAL PLAN
PREVIOUSLY ADOPTED SEPTEMBER 9, 2014.
VVHEREAS, United States Treasury Regulations §1,150-2 (the "Reimbursement Regulations")
prescribe conditions under which proceeds of tax-exempt bonds, notes or other obligations ("Bonds")
used to reimburse advances made for capital and certain other expenditures ("Original Expenditures")
paid before the issuance of such Bonds will be deemed to be expended (or properly allocated to
expenditures) for purposes of Sections 103 and 141-150 of the Internal Revenue Code of 1986, es
amended, and the regulations promulgated thereunder (collectively, the "IRS Code"), upon such
reimbursement so that the proceeds so used will no longer be subject to requirements .or restrictions
under those sections of the IRS Code; and
WHEREAS, certain provisions of the Reimbursement Regulations require that there be a
declaration of official intent not later than sixty (60) days following payment of the Original
Expenditures expected to be reimbursed from proceeds of Bonds, and that the reimbursement occur
within certain prescribed time periods after the Original Expenditures are paid or after the property
resulting from that Original Expenditure is placed in service; and
WHEREAS, the City Commission ("Commission') of the City of Miami, Florida ("City") expects to
provide for the issuance by the City of its tax-exempt and taxable special obligation bonds in a total
principal amount not to exceed Ten Million, One Hundred Thousand Dollars (S10,100,000.00)
(collectively, "Special Obligation Bonds") for the purposes of financing the costs of Citywide
environmental remediation and certain related capital improvements projects (collectively, the
"Citywide Environmental Remediation and Capital Improvements Projects"); and
WHEREAS, in connection with the Citywide Environmental Remediation and Capital Improvements
City of Miami
Page 1of3
File Id: 14-00923a (Version: 1) Pri,:ted OM 5/5/2015
File Number', 14-00923a Enactment Number.: R-14-0383
Projects, the City expects to make Original Expenditures that will be reimbursed from proceeds of the
Special Obligation Bonds as set forth in the City Manager's Memorandum dated September 24, 2014,.
attached and incorporated ("City's Manager's Memorandum"); and
WHEREAS, in connection with the Citywide Environmental Remediation and Capital Improvements
Projects, the City desires to expeditiously remediate multiple properties for which the City has already
determined funding considerations in its Fiscal Year 2014-2015 Multi -Year Capital Plan adopted
September 9, 2014 pursuant to City Commission Resolution No, 14-0322 ("Multi -Year Capital Plan")
by amending the Multi -Year Capital Plan, as set forth below, to reallocate, re -appropriate and modify
certain Park Impact Fees funding;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY MIAMI,
FLORIDA:
Section 1. Recitals and Findings, 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, Definitions, The following definitions apply to the terms used herein: "Reimbursement"
or "Reimburse" means the restoration to the City of money temporarily advanced from its own funds
and spent for Original Expenditures before the issuance of the Special Obligation Bonds, evidenced in
writing by an allocation on the books and records of the City that shows the use of the proceeds of the
Special Obligation Bonds to restore the money advanced for the Original Expenditures.
"Reimbursement" or "Reimburse" generally does not include the refunding or retiring of Bonds
previously issued and sold to, or borrowings from, unrelated entities.
Section 3. Declaration of Official Intent. The Commission hereby declares the City's official Intent
to issue the tax-exempt and taxable Special Obligation Bonds in the total expected maximum principal
amount of Ten Million, One Hundred Thousand Dollars (S10,100,000,00) and, to the extent permissible
under the IRS Code regarding the tax-exempt Special Obligation Bonds, use a portion of the
tax-exempt Special Obligation Bonds to reimburse the City for funds advanced by it for Original
Expenditures incurred and to be incurred with respect to the Citywide Environmental Remediation and
Capital Improvements Projects, This Resolution is Intended as a declaration of official intent under
United States Treasury Regulation § 1.150-2, as set forth in the City Manager's Memorandum:.
Section 4. Incidental Actions. The City Manager, in consultation with the City Attorney and Bond
Counsel, and such other appropriate officers, employees and agents of the City as the City Manager
deems necessary, are hereby authorized to take such actions as may be necessary to carry out the
purposes of this Resolution and the IRS Code,
Section 5, Related Amendment of the City's Multi -Year Capital Plan. The Multi -Year Capital Plan is
amended: (i) to reallocate, re -appropriate, and modify certain previous Park impact Fees funding
allocations in connection with the Citywide Environmental Remediation and Capital Improvements
Projects as follows: (a) Eight Hundred and Fifty Thousand Dollars (3850,000,00) from 40-B40588
Douglas Park Turf Project. to 40-B40581 Douglas Park Community Center Project; (b) Four Hundred
and Fifty Thousand Dollars (S450,000,00) from 40-B40588 Douglas Park Turf Project to 40-B40507
Citywide Parks Land Acquisition Project; and (c) Two Hundred Thousand Dollars ($200,000.00) from
40-B40588 Douglas Park Turf Project to a new Green Link/Underline Project, with the new project
number to be determined by the City Manager; and (ii) to require that future reallocations of Park
Impact Fees be presented to City Commission at a later date.
City of 114iaini
Page 2 of 3 File Id: 14-00923a (Version: 1) PPinnd Orr: 5/5/2015
File Number 14-00923a Enactment Number: R-14-0383
Section 6 Effective Date, This Resolution shall take effect immediately upon its adoption and
signature of the Mayor,{1}
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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: 14-00923a (Version: 1) Printed On; 5/5/2015
City of Miami
Master Report
Enactment Number: R-15-0218
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-00608
Version: 1
File Type: Resolution Status: Passed
Reference: Controlling Body: Office of the City
Clerk
File Name: Auth. Grant Funding - Underline
Requester: District 2- Commissioner Marc Cost:
David Sarnoff
Introduced: 5/4/2015
Final Action: 5/14/2015
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DIRECTING
THE CITY MANAGER TO NEGOTIATE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, WITH THE PARKS FOUNDATION OF MIAMI-DADE, INC.
("FOUNDATION"), A NOT -FOR -PROFIT CORPORATION, FOR THE PURPOSES OF PROVIDING
FUNDING IN THE AMOUNT OF TWO -HUNDRED THOUSAND DOLLARS ($200,000.00) TO THE
FOUNDATION AS PREVIOUSLY ALLOCATED PURSUANT TO RESOLUTION NO. 14-0383,
ADOPTED SEPTEMBER 29, 2014, FOR PARKS AND RECREATION SYSTEM IMPROVEMENTS
AS DEFINED IN SECTION 13-5 OF THE CODE OF THE CITY OF MIAMI ("CITY") FOR THE
UNDERLINE (FORMERLY KNOWN AS THE GREENLINK PROJECT) WITHIN THE CITY LIMITS
OF THE CITY OF MIAMI; FURTHER DIRECTING THE CITY MANAGER TO SUBMIT TIE
PROPOSED GRANT AGREEMENT FOR CITY COMMISSION APPROVAL WITHIN NINETY (90)
DAYS OF THIS RESOLUTION.
Sponsors:
Notes:
Indexes:
Attachments: 15-00608 Legislation.pdf,15-00608 Exhibit A.pdf,15-00608 Exhibit B.pdf,15-00608 Exhibit
C.pdf,15-00608 Exhibit D.pdf,
History of Legislative File
Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result:
1 Office of the City 5/6/2015
Attorney
1 City Commission 5/14/2015
1 Office of the Mayor 5/22/2015
1 Office of the City Clerk
Reviewed and
Approved
ADOPTED
Signed by the Mayor Office of the City
Clerk
5/26/2015 Signed and Attested
by City Clerk
Pass
City of Miami Page 1 Printed on 8/28/2015