HomeMy WebLinkAboutSubmittal-Liberty City Community Revitalization Trust-Resolution No 19-004Submitted into the public
record f r it m(s)�
RESOLUTION NO. 19-004 °n City Clerk
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.
DAV MADISON. AIR
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 as
identification, on the 994- day of "J"% , 2019.
Notary, ublic, State of Florida
My Commission expires:
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DRAFT for Review and Comment
Submitted into the pub :c
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..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 2"d
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
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roofs, and other necessary repairs for dwellings owned and occupied by low income
homeowners; and
City Clerk
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 1 95 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
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neighborhoods of said District located within Block 17 of the Wvnwood Park Plat at
approximately 3043 Northwest 3`d Avenue, 3040 Northwest 2nd Avenue, and 224, 234, 244, 252,
262. 268, 276, and 284 Northwest 31 st 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;
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(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;
(4911) 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.
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(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
1301days 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