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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