The URL can be used to link to this page

Home My WebLink AboutR-24-0109City of Miami Resolution R-24-0109 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15691 Final Action Date: 3/14/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER, FOR FISCAL YEAR 2024-2025 AND BEYOND, TO BUDGET, ALLOCATE, APPROPRIATE, AND DISBURSE TO THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA") THE BALANCE RETURNED TO THE CITY OF MIAMI ("CITY") PURSUANT TO THE TERMS OF SECTION 5(E) ("SECTION 5(E) PAYMENT") OF THAT CERTAIN 2007 INTERLOCAL AGREEMENT DATED DECEMBER 31, 2007, ATTACHED AND INCORPORATED AS EXHIBIT "B" (2007 INTERLOCAL AGREEMENT), FOR THE DEVELOPMENT OF AFFORDABLE HOUSING AND RELATED INFRASTRUCTURE AT OR BELOW SIXTY PERCENT (60%) AREA MEDIAN INCOME, AS PUBLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("AMI"), WITHIN THE SEOPW CRA'S REDEVELOPMENT AREA AS IDENTIFIED IN THAT CERTAIN 2022 AMENDMENT DATED SEPTEMBER 21, 2022, ATTACHED AND INCORPORATED AS EXHIBIT "C" (2022 AMENDMENT"), ALL IN COMPLIANCE WITH THE TERMS OF THE 2007 INTERLOCAL AGREEMENT SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, RULES, AND REGULATIONS THAT GOVERN THE USE OF SUCH FUNDS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AGREEMENTS, MEMORANDUM OF UNDERSTANDING, AMENDMENTS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, SUBJECT TO ALL SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, RULES, AND REGULATIONS THAT GOVERN THE USE OF SUCH FUNDS; AUTOMATICALLY RESCINDING THE AUTHORIZATION PROVIDED HEREIN AND REQUIRING REPAYMENT TO THE CITY SHOULD THE SEOPW CRA UTILIZE THE SECTION 5(E) PAYMENT FOR ANY PURPOSE OTHER THAN THE DEVELOPMENT OF AFFORDABLE HOUSING AT OR BELOW SIXTY PERCENT (60%) AMI WITHIN THE SEOPW CRA'S REDEVELOPMENT AREA AS IDENTIFIED IN THE 2022 AMENDMENT. SPONSOR(S): Commissioner Manolo Reyes, Commissioner Christine King WHEREAS, pursuant to Part III, Chapter 163, Florida Statutes, the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA") was created within the boundary limits of the City of Miami ("City") by action of Miami -Dade County ("County") and the City pursuant to the terms of the 1983 Interlocal Cooperation Agreement entered into between the City and the County, attached and incorporated as Exhibit "A" ("1983 Interlocal Agreement"); and City of Miami Page 1 of 3 File ID: 15691 (Revision: A) Printed On: 7/25/2025 File ID: 15691 Enactment Number: R-24-0109 WHEREAS, on December 31, 2007, the City, the County, the SEOPW CRA and the Omni Community Redevelopment Agency ("Omni CRA") entered into that certain interlocal agreement which, inter alia, amended the 1983 Interlocal Agreement establishing the community redevelopment area and provided for funding for major projects as identified therein, attached and incorporated herein as Exhibit "B" ("2007 Interlocal Agreement"); and WHEREAS, Section 5(e) of the 2007 Interlocal Agreement, reads as follows: The City, the County and the SEOPW CRA agree that commencing fiscal year 2017 and ending fiscal year 2030, the amount of TIF Revenues collected from the projects listed in Exhibit C budgeted annually for expenditure by the SEOPW CRA from the SEOPW CRA trust fund shall not exceed 50% of Increment Revenues collected from such projects in such fiscal year and deposited in the SEOPW CRA trust fund for such year. The City, the County and the SEOPW CRA agree that the SEOPW CRA shall return the balance of the Increment Revenues (45%) collected from the projects listed in Exhibit C for such year to each taxing authority which paid the increment in the proportion that the amount of the payment of such taxing authority bears to the total amount paid into the trust fund by all the taxing authorities for that year. It is the primary intent of the City and the County that SEOPW CRA tax increment revenues on deposit in the SEOPW Trust Fund will be allocated by the SEOPW CRA towards the development of affordable housing and related infrastructure in the SEOPW CRA district. (hereinafter, "Section 5(e)"); and WHEREAS, Section 5(e) requires the City to utilize the balance returned to the City pursuant to said Section 5(e) towards the development of affordable housing and related infrastructure ("Section 5(e) Payment"); and WHEREAS, pursuant to Resolution No. R-19-0175 adopted on May 9, 2019, the City Commission found that 1) the SEOPW CRA Redevelopment Area constitutes a slum or blighted area, as defined in Section 163.340, Florida Statutes; 2) one or more slum or blighted area in which there is a shortage of housing affordable to residents of low or moderate income, including the elderly, exists; 3) the rehabilitation and development of housing affordable to residents of low or moderate income, including the elderly is necessary and in the interest of the public health, safety, morals, and welfare of the residents of the City and the County; and 4) the SEOPW CRA's Assessment of Need/Finding of Necessity ("Assessment") supports the findings that within the Redevelopment Area, there is, interalia, prevailing poverty and unemployment, and disadvantaged housing conditions; and WHEREAS, the City, in compliance with the 2007 Interlocal Agreement, believes that it is in the best interest of the City, the County, and the SEOPW CRA to utilize the Section 5(e) Payment for the development of affordable housing and related infrastructure at or below sixty percent (60%) area median income, as published annually by the United States Department of Housing and Urban Development ("AMI"), within the SEOPW CRA's Redevelopment Area as identified in that certain amendment dated September 21, 2022, to the 1983 Interlocal Agreement and the 2007 Interlocal Agreement, attached and incorporated herein as Exhibit "C" ("2022 Amendment"); and WHEREAS, the City, believes that the SEOPW CRA is best suited to adequately and appropriately utilize the Section 5(e) Payment within the SEOPW CRA's Redevelopment Area City of Miami Page 2 of 3 File ID: 15691 (Revision: A) Printed on: 7/25/2025 File ID: 15691 Enactment Number: R-24-0109 as identified in the 2022 Amendment, for the development of affordable housing and related infrastructure at or below sixty percent (60%) AMI; and WHEREAS, the City finds that it is in the best interest of the City, the County, and the SEOPW CRA that the SEOPW CRA receive and utilize the Section 5(e) Payment for the development of affordable housing and related infrastructure at or below sixty percent (60%) AMI within the SEOPW CRA's Redevelopment Area as identified in the 2022 Amendment, all in compliance with the terms of the 2007 Interlocal Agreement; NOW, 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. Beginning in Fiscal Year 2024-2025, the City Manager is authorized to budget, allocate, appropriate, and disburse to the SEOPW CRA the Section 5(e) Payment for the development of affordable housing and related infrastructure at or below sixty percent (60%) AMI within the SEOPW CRA's Redevelopment Area as identified in the 2022 Amendment, all in compliance with the terms of the 2007 Interlocal Agreement and subject to all applicable federal, state, and local laws, rules, and regulations that govern the use of such funds. Section 3. The City Manager is authorized' to negotiate and execute any and all necessary documents, including agreements, memorandum of understanding, amendments, and modifications, all in forms acceptable to the City Attorney, for said purpose, subject to all federal, state, and local laws rules, and regulations that govern the use of such funds. Section 4. Should the SEOPW CRA utilize the Section 5(e) Payment for any purpose other than the development of affordable housing and related infrastructure at or below sixty percent (60%) AMI within the SEOPW CRA's Redevelopment Area as identified in the 2022 Amendment, then the authorization in this Resolution is automatically rescinded, the SEOPW CRA will repay to the City the full amount of the unauthorized expenditure, and the SEOPW CRA will immediately resume the Section 5(e) Payment to the City. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ge . Wye ng Ilf, C y ttor' -y 8/1/2024 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. City of Miami Page 3 of 3 File ID: 15691 (Revision: A) Printed on: 7/25/2025