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HomeMy WebLinkAboutExhibit E SUBTHIS ITEM IS A SUBSTITUTION. THE ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. RESOLUTION NO. 19-004 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST ("LIBERTY CITY TRUST") APPROVING AND ADOPTING THE SUPPLEMENTAL ANNUAL MASTER PLAN AND RECOMMENDING AMENDMENTS TO THE TRUST'S PROVISIONS IN THE CODE OF THE CITY OF MIAMI TO ESTABLISH THE NEW DISTRICT 5 NEIGHBORHOOODS AFFORDABLE HOUSING IMPROVEMENT GRANT PROGRAM FOR LOW INCOME HOMEOWNERS. t7z' DAVJE MADIS I,A HAIR Approved by the Board of Directors of the Liberty City Community Revitalization Trust at its meeting of July 9, 2019. ELAINE H. BLACK PRESIDENT/CEO STATE OF FLORIDA COUNTY OF MIAMI-DADE Subscribed and sworn to before me by ELAINE H. BLACK, President/Chief Executive Officer, as the official recordkeeper for the Liberty City Trust, who is personally known to me or who produced identification, on the y, day ofx My Commission expires: Yrik IRISHUDRON 6 , MY COMMISSION N FF902735 taTir EXPIRES: � � ES: July 22, 2019 4(;;f" Bonded Thni Nalary Pub C Underwdlere FILE NO. 5928 - EXHIBIT E 2019. Notary'Public, State of Florida as DRAFT for Review and Comment ..Title AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 12.5/ARTICLE I/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED COMMUNITY REVITALIZATION/COMMUNITY REVITALIZATION DISTRICTS/LIBERTY CITY COMMUNITY REVITALIZATION DISTRICT," MORE PARTICULARY BY AMENDING SECTIONS 12.5-27M, 12.5-28, AND 12.5-36 TO ADD PROVISIONS TO ESTABLISH A NEW DISTRICT 5 NEIGHBORHOODS OWNER -OCCUPIED AFFORDABLE HOUSING IMPROVEMENTS GRANT PROGRAM FOR LOW INCOME HOMEOWNERS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. ..Body WHEREAS, the City of Miami ("City") created and established the Liberty City Community Revitalization Trust ("Trust") pursuant to Ordinance No. 12859 adopted October 12, 2006; and WHEREAS, the Trust is responsible for the oversight and facilitation of the City's revitalization and redevelopment activities in the Liberty City area; and WHEREAS, pursuant to Ordinance No. 13758, adopted March 22, 2018, the City Commission approved, in lieu of providing ten (10) multi -family residential dwelling units as affordable housing as part of future development of particular properties located within Block 17 of the Wynwood Park Plat at approximately 3043 Northwest 3rd Avenue, 3040 Northwest 2nd Avenue, and 224, 234, 244, 252, 262, 268, 276, and 284 Northwest 31st Street, and approximately 221, 229, 237, 243, 251, 267, 269, 275, 285, and 291 Northwest 30th Street (collectively, "Properties to be Developed"), the contribution by Westdale Wynwood, LP ("Developer") of a total amount of One Million Dollars ($1,000,000.00) for neighborhood improvements to a neighborhood revitalization organization or community revitalization trust service District 5 with (a) Five Hundred Thousand Dollars ($500,000.00) payable by the Developer within sixty (60) of the effective date of the approved covenant ("Restrictive Covenant"), (b) Two Hundred Fifty Thousand Dollars ($250,000.00) payable upon issuance of a building permit for the Developer's project, and (c) Two Hundred Fifty Thousand Dollars ($250,000.00) payable upon issuance of a certificate of occupancy for the Developer's project; and WHEREAS, the Restrictive Covenant for the Properties to be Developed has been recorded in the records of the Clerk of the Court of Miami -Dade County, and the Trust has received the Developer's first contribution in the total amount of Five Hundred Thousand Dollars ($500,000.00), in accordance with Ordinance No.13758 to establish the new District 5 neighborhoods owner -occupied affordable housing grant program for low income homeowners ("Grant Program") in order to assist homeowners of owner -occupied dwellings in District 5, and especially within the area of the Properties to be Developed, with life safety, resiliency, flood prevention, sustainability, hurricane hardening, and other necessary affordable housing improvements such as, but not limited to installations of high -impact windows and doors, new energy efficient HVAC systems, new efficient electrical and plumbing systems, new or repaired roofs, and other necessary repairs for dwellings owned and occupied by low income homeowners; and WHEREAS, in connection with the creation of the Grant Program, (a) the City Commission on , 2019 has adopted Resolution No. 19- amending the Trust's original Fiscal Year 2018-2019 ("Fiscal Year") Annual Budget, and (b) the Trust's Board on , 2019 has recommended this amendment to the applicable sections of the Code of the City of Miami, as amended ("City Code") in order (i) to establish the Trust's jurisdictional authority to create and undertake the Grant Program, (ii) to supplement and update the Trust's annual master plan ("Supplemental Annual Master Plan") to include in the Trust's powers and duties the new Grant Program's guidelines, operations, activities, and improvements for District 5 in the District 5 Grant Program Area during the current Fiscal Year and thereafter, and (iii) to undertake the Grant Program in a manner consistent with the City's strategies in the Five Year Consolidated Plan, as adopted and amended from time to time by the City Commission; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 12.5/Division 2 of the City Code, is amended in the following particulars:{1} "Chapter 12.5 COMMUNITY REVITALIZATION ARTICLE I. Community Revitalization Districts DIVISION 2. Liberty City Community Revitalization Trust * * * • Sec. 12.5-27. - Liberty City Trust —Jurisdictional authority. The Liberty City Trust shall exercise the powers and duties for the area in Liberty City ("area") described as follows-; Using the City of Miami Boundary on the north and 195 as a point of beginning ("POB"), running south on 1 95, to SR 112, west on SR 112 to NW 17th Avenue, north on NW 17th Avenue to NW 58 Street, west on NW 58 Street to the City of Miami Municipal Boundary, then running along the City of Miami Municipal Boundary north, then east, then north then east to 195, POB, all in the City of Miami, Miami -Dade County, Florida as depicted in attachment "A". Additionally, in connection with City Commission Ordinance No. 13758, adopted March 22, 2018, the Liberty City Trust is hereby designated as the recipient neighborhood revitalization organization and community revitalization trust thereunder serving District 5 and shall exercise the powers and duties for the District 5 neighborhoods owner -occupied affordable housing improvements grant program ("Grant Program") throughout District 5 and especially in the neighborhoods of said District located within Block 17 of the Wynwood Park Plat at approximately 3043 Northwest 3rd Avenue, 3040 Northwest 2nd Avenue, and 224, 234, 244, 252, 262, 268, 276, and 284 Northwest 31st Street, and approximately 221, 229, 237, 243, 251, 267, 269, 275, 285, and 291 Northwest 30th Street (collectively "District 5 Grant Program Area") in order to assist homeowners of owner -occupied dwellings in District 5, and especially within the area of the Properties to be Developed, with life safety, resiliency, sustainability, hurricane hardening, and other necessary affordable housing improvements such as, but not limited to installations of high -impact windows and doors, new energy efficient HVAC systems, new efficient electrical and plumbing systems, new or repaired roofs, and other necessary repairs for dwellings owned and occupied by low income homeowners. • Sec. 12.5-28. - Purpose; powers and duties. (a) Purpose. The Liberty City Trust, in cooperation with the city manager, the department of community development and other city departments, shall be responsible for oversight of and shall facilitate, the city's revitalization efforts for the redevelopment of the area in a manner consistent with the strategy identified in the Five Year Consolidated Plan, as amended, and adopted by the city commission from time to time in June, 2004. The Liberty City Trust shall promote economic development, business and commerce in the area. The Liberty City Trust shall develop and execute a plan to create jobs, attract industry and facilitate the production of goods and services in the area for residents and non-residents. It will facilitate the development of affordable housing, engage in homebuyer assistance programs and market the area to encourage former residents and others to locate to the area. Further the Liberty City Trust will facilitate the creation, undertakings, guidelines, operations, activities, improvements, and monitoring of the Grant Program in the District 5 Grant Program Area. (b) Powers and duties. Subject to city commission approval and compliance with the terms and conditions of any existing contractual obligations, the Liberty City Trust shall be empowered to take all actions necessary including, but not limited to, the following activities: (1) Establish policy for the revitalization efforts in the area; (2) Advocate the purposes of the Liberty City Trust; (3) Assist and advise the city commission, the department of community development; other departments and other public officials and entities concerning the revitalization initiative in the area; (4) Promote, oversee and assist in the redevelopment activities and develop increased public awareness and interest in the area; (5) Solicit and accept grants in cooperation with the office of grants administration. The Liberty City Trust shall contact the office of grants administration for assistance in project planning, proposal writing, application assembly, and monitoring financial and budgetary compliance with grantor agency guidelines. All grant applications shall be submitted to the office of grants administration for review, and will subsequently be forwarded to the director of grants administration for approval, and final signature. The Liberty City Trust shall be responsible for implementing and managing all of its grants. Any and all other contributions and financial support from individuals, private business interests, the general public, governmental entities, corporations and organizations, foundations and other philanthropic entities shall require city commission approval; (6) Implement full and active participation and cooperation with public and private entities in furtherance of the Liberty City Trust's purpose to oversee and facilitate the revitalization of the area to improve the quality of life for residents of this neighborhood; (7) Participate in any other fundraising activity, whether solely involving the Liberty City Trust or involving partnerships with other persons or public or private organizations, which furthers the Liberty City Trust's purpose, with the approval of the city commission; and (8) In addition to complying with subsection 18-85(h) of the City Code, the Liberty City Trust shall contract and be contracted with, for administrative purposes only, not to exceed $5,000.00 per item, goods, services, and/or anything of value in one transaction or multiple transactions concerning the same subject matter. Any and all contracts above $5,000.00 shall require city commission approval. (9) To sue and be sued, plead and implead. (10) Facilitate the creation, guidelines, operations, activities, improvements, and monitoring of the Grant Program in the District 5 Grant Program Area in cooperation with the office of grants administration and any other city department that the Trust determines would be best able to assist with establishing best practices for the Grant Program in the District 5 Grant Program Area. The Liberty City Trust shall contact the office of grants administration and the city department of housing and economic development for assistance in Grant Program funding planning, Grant application form creation, applications reviews, grant awards implementation and funding, grant project management, completion, and monitoring financial and budgetary compliance with city guidelines. All grant funding applications shall be submitted to the office of grants administration for joint review by the Liberty City Trust and the office of grants administration, and will subsequently be forwarded to the executive director of the Liberty City Trust and the director of grants administration for joint approval, and final signatures by both. The Liberty City Trust shall be responsible for implementing and managing all of its grant awards and the improvement projects for all owner recipients for owner -occupied dwellings under the Grant Program. After the receipt by the Trust of all of the required contributions pursuant to Ordinance No. 13758, any and all other contributions and financial support for the Grant Program in the District 5 Program Area from individuals, private business interests, the general public, governmental entities, corporations and organizations, foundations and other philanthropic entities shall require city commission approval; (I-911) Notwithstanding any provisions to the contrary, the Liberty City Trust shall exercise only such powers as are expressly granted pursuant to this division. • Sec. 12.5-36. - Approval of budget. (a) Effective immediately, the Liberty City Trust shall establish a fiscal year which coincides with that of the city. The Liberty City Trust shall submit to the city commission a budget, in a form acceptable to the city manager, and no later than April 1 preceding the commencement of each fiscal year. Nothing contained herein shall be construed to prohibit the Liberty City Trust from submitting a supplemental budget to the commission for approval. (b) No expenditure shall be made in any given year without approval by the City Commission of the Liberty City Trust budget for that year and all expenditure shall comply with city procedures for acquisition of goods and services. (c) In conjunction with the submission of the budget, the Liberty City Trust shall submit a -an annual master plan reflecting the proposed operations, activities, and improvements of the revitalization initiative for the forthcoming fiscal year in accordance with the Liberty City Trust's purposes, powers, and duties as outlined in Section 12.5-28 above. Nothing contained herein shall be construed to prohibit the Liberty City Trust from submitting a supplemental annual master plan to the commission for approval. The city commission may review and deny any item contained in the annual master plan and in any supplemental annual master plan within thirty 1301 days from the date of its submission by the Liberty City Trust. (d) No provision contained in this division shall be construed to violate the Anti -Deficiency Act, as set forth in sections 18-500-18-503. Section 2. All Ordinances or parts of Ordinances that are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: ..Footnote {1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is SUBSTITUTED. Exhibit "E" Will be provided when received