Res. No. 141-99-10754RESOLUTION NO. 141 -99 -10765
A RESOLUTION OF THE CITY OF SOUTH MIAMI MAYOR AND
COMMISSION, RELATING TO INTERLOCAL AGREEMENT BETWEEN
MIAMI -DADE COUNTY AND CITY OF SOUTH MIAMI AND SOUTH MIAMI
COMMUNITY REDEVELOPMENT AGENCY, AUTHORIZING
EXECUTION BY CITY MANAGER OF INTERLOCAL COOPERATION
AGREEMENT.
WHEREAS, the City of South Miami's Community Redevelopment Agency has
been created and approved by the Mayor and City Commission, and approved by the
Miami -Dade County Board of County Commissioners in accordance with Chapter 163,
Part III, Florida Statutes; and
WHEREAS, all powers arising through the Act are conferred upon counties with
home rule charters, which counties in turn are authorized to delegate the exercise of
such powers within the boundaries of a municipality to the governing body of such
municipality; and
WHEREAS, the City Commission, pursuant to Ordinance No. 12 -97 -1633
enacted on April 15, 1997, accepted a delegation of powers from the Miami -Dade
County Board of Commissioners, found a need for and created the City of South Miami
Community Redevelopment Agency, declared members of the City Commission to be
the members of the Agency, granted the Agency the power to exercise all powers
permitted by the Act which were delegated by the Board to the Agency, and directed the
initiation, preparation and adoption of a community redevelopment plan by the Agency;
and
WHEREAS, the Miami -Dade Board of Commissioners, pursuant to Ordinance
No. 98 -79 and Ordinance 98 -80, enacted by the Board on May 19, 1998, approved and
adopted the South Miami Community Redevelopment Plan, and approved the creation
of a community redevelopment trust fund; and
WHEREAS, it is essential that the City, the Agency and the County execute an
Interlocal Cooperation Agreement to formalize the delegation and acceptance of powers
conferred, along with conditions relating to those powers.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMISSION
OF THE CITY OF SOUTH MIAMI:
Section 1. The Mayor and Commission hereby approves and authorizes
execution by City Manager of the Interlocal Cooperation Agreement between the City of
South Miami, the Community Redevelopment Agency and the County in substantially the
form attached to this Resolution as Exhibit A and incorporated herein by this reference
(the " Interlocal Agreement ").
Page 2 of .
Resolution No. 141 -99 -10765
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 28 day of ,rune ; 1999.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
//
A T RNEY
APPROVED:
COMMISSION VOTE:
Mayor Robhiha:
Vice Mayor Oliver6si
Commissioner Felit,-
Commissioner Bethel:
Commissioner Russell
4 -0
Yea
Yea
not of +nwn
Yea
Yea
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Mayor §nd Commissioners
From Vhar s Scurr
City Manager
Date: June 7, 1999
Agenda Item #
Subject: Comm. Mtg. June $, 1999
Interlocal Cooperation Agreement
The County staff has completed the final draft of the Interlocal Cooperation Agreement
pertaining to the South Miami Community Redevelopment Agency. They would like to
place this item on the County Commission agenda for first reading on July 13, and for
second reading and adoption on July 27, 1999. It is necessary for the City Commission
to approve the agreement before it can be placed on the County Commission agenda.
This document has been reviewed and revised numerous times during the past 10
months. Each revision has been provided to the CRA Board and the City Commission,
as well as interested citizens. The attached document is the final draft and will be the
document that formalizes the powers and conditions relating to the Community
Redevelopment Agency.
This is a very important document and should be reviewed and understood thoroughly.
Although it would be desirable to approve in time to place it on the County July 13
County agenda for first reading, and July 27"' second reading, we do have the month of
September to finalize these steps. It is my understanding that the County Commission
takes a summer break the month of August. It is important to finalize the adoption of
the Interlocal Agreement before October 1, but it is also important for you to have time
to ask any questions you may have regarding the conditions contained in the
agreement. The City Commission may wish to conduct a workshop on this matter prior
to final approval.
TO
FROM
MEMORANDUM
Honorable Chairperson and Members
Board of County Commissioners
M. R. Stierheim
County Manager
RECOMMENDATION
DATE:
SUBJECT: Interlocal Cooperation
Agreement between City of
South Miami and Miami -Dade
County
It is recommended that the Board approve the attached interlocal agreement between the City
of South Miami (the "City "), the South Miami Community Redevelopment Agency (the
"Agency ") and Miami -Dade County, Florida (the "County ") which establishes the terms and
conditions, including the delegation of eminent domain powers, for the implementation of the
South Miami Community Redevelopment Area (the "Redevelopment Area "). This agreement
is necessary in order for the City of South Miami to proceed with the redevelopment of the
project area.
BACKGROUND
Pursuant to Ordinance No. 98 -79 and Ordinance No. 98 -80 the Board of County
Commissioners of Miami -Dade County, Florida (the "Board ") approved a Plan and the
appropriation of funds to the South Miami Community Redevelopment and Revitalization
Trust Fund (the "Fund ") for the Redevelopment Area. Although the project area is entirely
within the corporate limits of the City of South Miami, the City of South Miami Commission
(the "City Commission') or the Agency as the case may be, cannot exercise redevelopment
powers over the project area unless the Board, pursuant to Section 163.357 and Section
163.410, Florida Statutes, delegates the exercise of these powers to the City Commission which
in turn delegates certain powers to the Agency. The terms and conditions of such delegation is
formalized through the attached Interlocal Cooperation Agreement.
Essentially the attached agreement delegates all redevelopment powers, under the Florida
Statutes, with the exception of the powers that continue to vest in the Board and cannot be
delegated pursuant to Section 163.358, Florida Statutes. The interlocal provides as follows:
• Administrative expenses are capped at 10 %.
Annual budgets for the Redevelopment Area shall be approved by the Board, prior to the
expenditure of funds by the Agency for such year.
Honorable Chairperson and Members
Board of County Commissioners
Page -2-
• Prior approval by the Board is required for any bond issue.
• Amendments to the Plan shall be approved by the Board.
• Redevelopment powers delegated to the Commission can only be exercised with respect
to the Plan.
• Annual Progress Reports are to be submitted to OCED.
• The County and the City's contributions respectively to the Fund are limited to 50% of
the ad valorem tax increment within the Redevelopment Area.
The City will identify social and educational projects and provide funding for those
projects through the City's General Fund.
• The Agency will pursue construction of multi -unit residential projects within the
Redevelopment Area, replace unit for unit any housing stocks removed from the
Redevelopment Area other than residential, and ensure that any required relocation to the
extent possible will be within the Redevelopment Area.
The Agency will cause an independent audit by a certified public accounting firm to be
prepared on an annual basis and forwarded to the Board within 30 days of completion.
• The Agency will have the power of eminent domain. However, this power can be
exercised upon those parcels of land listed in Appendix B of the Plan and cannot be
exercised if the effect is a reduction in the pool of housing. The delegation of eminent
domain power shall be effective for a five year period commencing on the date of the
execution of this agreement. The Agency will give the County 30 days written notice
prior to the exercise of this power.
• The plan is for a five year duration. Six months prior to expiration of the plan the City
has to submit to the Board a supplement to the plan for the second phase of development.
• Language will be included in any loan agreement, contracts etc., entered with any
business involved in the redevelopment effort which states that any new jobs created shall
be awarded so that such group of employees are an ethnically and racially diverse group,
in accordance with applicable law.
• The City is required to encourage the participation of and utilize minority businesses,
specifically with respect to bond counsel, underwriter's counsel and underwriting
services, in the development of the Redevelopment Area.
• The County will have the right to attend all public meetings and inspect the projects being
developed
Approved Mavor Agenda Item No.
Veto
Override
ORDINANCE NO.
ORDINANCE REGARDING REDEVELOPMENT OF SOUTH
MIAMI COMMUNITY REDEVELOPMENT AREA
DESCRIBED GENERALLY AS BOUNDED BY S.W. 62ND
AVENUE ON WEST, S.W. 62ND STREET ON NORTH, S.W.
57TH AVENUE ON EAST AND S.W. 72ND STREET ON
SOUTH; APPROVING AND AUTHORING EXECUTION
BY COUNTY MANAGER OF INTERLOCAL
COOPERATION AGREEMENT BETWEEN MIAMI -DADE
COUNTY, FLORIDA, SOUTH MIAMI COMMUNITY
REDEVELOPMENT AGENCY AND CITY OF SOUTH
MIAMI FOR REDEVELOPMENT OF SAID AREA;
AUTHORIZING EXERCISE OF EMINENT DOMAIN
POWER BY COMMUNITY REDEVELOPMENT AGENCY
WITHIN SAID GEOGRAPHIC AREA SUBJECT TO
CERTAIN LIMITATIONS; PROVIDING SEVERABILITY,
INCLUSION IN THE CODE, AND EFFECTIVE DATE
WHEREAS, the Legislature of the State of Florida enacted the Community
Redevelopment Act during its 1969 Legislative Session, which enactment is presently
codified in the Florida Statutes as Part III of Chapter 163, Sections 163.330 through
163.450 (the "Act "); and
WHEREAS, all powers arising through the Act are conferred upon counties with
home rule charters, which counties in turn are authorized to delegate the exercise of such
powers within the boundaries of a municipality to the governing body of such municipality;
and
Agenda Item No.
Page 2
WHEREAS, such authorization for counties to delegate such powers to
municipalities is contained in Section 163.410, Florida Statutes, which states:
and
In any county which has adopted a home rule charter, the powers conferred
by this part shall be exercised exclusively by the governing body of such
county. However, the governing body of any such county which has adopted
a home rule charter may, in its discretion, by resolution delegate the exercise
of the powers conferred upon the county by this part within the boundaries
of a municipality to the governing body of such a municipality. Such a
delegation to a municipality shall confer only such powers upon a
municipality as shall be specifically enumerated in the delegating resolution.
Any power not specifically delegated shall be reserved exclusively to the
governing body of the County. This section does not affect any community
redevelopment agency created by a municipality prior to the adoption of a
county home rule charter;
WHEREAS, by Resolution No. R- 1374 -96 adopted by the Board of County
Commissioners of Miami -Dade County, Florida (the `Board ") on December 3, 1996, the
County has, among other things, delegated certain powers conferred on the Board by the
Act to the City Commission of the City of South Miami (the "City Commission "), such as
the power to redevelop portions of the City of South Miami, Florida (the "City ") and to
prepare a community redevelopment plan for the project area commonly called the South
Miami Community Redevelopment Area and described generally as bounded by S.W. 62nd
Avenue on the West, S.W. 62nd Street on the North, S.W. 57th Avenue on the East and
S.W. 72nd Street on the South (the "Redevelopment Area ") and to establish a community
redevelopment agency; and
Agenda Item No.
Page 3
WHEREAS, the City Commission, pursuant to Ordinance No. 12 -97 -1633 enacted on
April 15, 1997, accepted a delegation of powers from the Board, found a need for and created
the City of South Miami Community Redevelopment Agency (the "Agency "), declared the
members of the City Commission to be the members of the Agency, granted the Agency the
power to exercise all powers permitted by the Act which were delegated by the Board to the
Agency.and directed the initiation, preparation and adoption of a community redevelopment
plan by the Agency: and
WHEREAS. pursuant to Ordinance No. 98 -79 enacted by the Board on May 19, 1998,
the County has, among other things, approved and adopted the South Miami Community
Redevelopment Plan (the "Plan"). to enable the City to undertake redevelopment of the
Redevelopment Area; and
WHEREAS, pursuant to Ordinance No. 98 -80 enacted by the Board on May 19, 1998,
the Board has approved the creation of a community redevelopment trust fund, known as the
South Miami Community Redevelopment and Revitalization Trust Fund (the "Fund ") and has
provided for the calculation and appropriation of tax increment funds into such Fund; and
WHEREAS, the boundaries identified for the Redevelopment Area are within the
corporate limits of the City; and
Agenda Item No.
Page 4
WHEREAS, the Board wishes to confer specific redevelopment powers on the City
Commission or the Agency, as the case may be, including the power of eminent domain,
subject to certain restrictions; and
WHEREAS, the Board wishes to formalize the delegation of these powers through an
interlocal cooporation agreement between the County, the Agency and the City; and
WHEREAS, this Board desires to accomplish the purposes outlined in the
accompanying memorandum, a copy of which is incorporated herein by reference.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MIAMI -DADE COUNTY, FLORIDA, that:
Section 1. The foregoing recitations are deemed true and correct and are hereby
incorporated as a part of this Ordinance.
Section 2. This Board hereby approves and authorizes execution by the County
Manager of the interlocal Cooperation Agreement between the County, the Agency and the
City in substantially the form attached to this ordinance as Exhibit A and incorporated herein
by this reference (the " Interlocal Agreement ").
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SOUTH MIAMI MAYOR AND
COMMISSION, RELATING TO INTERLOCAL AGREEMENT BETWEEN
MIAMI -DADE COUNTY AND CITY OF SOUTH MIAMI AND SOUTH MIAMI
COMMUNITY REDEVELOPMENT AGENCY, AUTHORIZING
EXECUTION BY CITY MANAGER OF INTERLOCAL COOPERATION
AGREEMENT.
WHEREAS, the City of South Miami's Community Redevelopment Agency has
been created and approved by the Mayor and City Commission, and approved by the
Miami -Dade County Board of County Commissioners in accordance with Chapter 163,
Part III, Florida Statutes; and
WHEREAS, all powers arising through the Act are conferred upon counties with
home rule charters, which counties in turn are authorized to delegate the exercise of
such powers within the boundaries of a municipality to the governing body of such
municipality; and
WHEREAS, the City Commission, pursuant to Ordinance No. 12 -97 -1633
enacted on April 15, 1997, accepted a delegation of powers from the Miami -Dade
County Board of Commissioners, found a need for and created the City of South Miami
Community Redevelopment Agency, declared members of the City Commission to be
the members of the Agency, granted the Agency the power to exercise all powers
permitted by the Act which were delegated by the Board to the Agency, and directed the
initiation, preparation and adoption of a community redevelopment plan by the Agency;
and
WHEREAS, the Miami -Dade Board of Commissioners, pursuant to Ordinance
No. 98 -79 and Ordinance 98 -80, enacted by the Board on May 19, 1998, approved and
adopted the South Miami Community Redevelopment Plan, and approved the creation
of a community redevelopment trust fund; and
WHEREAS, it is essential that the City, the Agency and the County execute an
Interlocal Cooperation Agreement to formalize the delegation and acceptance of powers
conferred, along with conditions relating to those powers.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMISSION
OF THE CITY OF SOUTH MIAMI:
Section 1. The Mayor and Commission hereby approves and authorizes
execution by City Manager of the Interlocal Cooperation Agreement between the City of
South Miami, the Community Redevelopment Agency and the County in substantially the
form attached to this Resolution as Exhibit A and incorporated herein by this reference
(the " Interlocal Agreement ").
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of , 1999.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
W ITAYSTO
INTERLOCAL COOPERATION AGREEMENT
THIS INTERLOCAL COOPERATION AGREEMENT (the "Agreement "), made this
day of , 1999, by and between Miami -Dade County, Florida, a political subdivision
of the State of Florida (the "County "), the City of South Miami, Florida, a municipal
corporation under the laws of the State of Florida (the "City ") and the South Miami
Community Redevelopment Agency, or its successor, a public body corporate and politic (the
"Agency ").
WHEREAS, the Board of County Commissioners of Miami -Dade County, Florida (the
"Board ") adopted Resolution No. R- 1374 -96 on December 3, 1996, which, among other things,
declared that a slum or blighted area existed in a geographic area, described generally as bounded
by S.W. 62nd Avenue on the West. S.W. 62nd Street on the North. S.W. 57th Avenue on the
East and S.W. 72nd Street on the South, such geographic area being more particularly described
in Exhibit "A" (the "Redevelopment Area "), determined that it was necessary to redevelop such
Redevelopment Area in accordance with the provisions of Part III of Chapter 163, Florida
Statutes (the "Act "), and delegated to the City Commission of the City of South Miami, Florida
(the "City Commission ") the authority to exercise the redevelopment powers conferred upon the
Board within the Redevelopment Area in accordance with the Act to enable the City Commission
to declare the need for, create and delegate powers to a community redevelopment agency and to
initiate, prepare and adopt a plan of redevelopment for final approval by the Board; and
WHEREAS, the City Commission, pursuant to Ordinance No. 12 -97 -1633 enacted on
April 15, 1997, accepted a delegation of powers from the Board, found a need for and created the
Agency, declared the members of the City Commission to be the members of the Agency,
1
granted the Agency the power to exercise all powers permitted by the Act which were delegated
by the Board to the Agency and directed the initiation. preparation and adoption of a community
redevelopment plan by the Agency; and
WHEREAS. pursuant to Ordinance No. 98 -79 enacted by the Board on May 19, 1998, the
Board has approved the South Miami Community Redevelopment Plan (the "Plan") to enable the
City to undertake redevelopment of the Redevelopment Area; and
WHEREAS, pursuant to Ordinance No. 98 -80 enacted by the Board on May 19, 1998, the
Board has approved the creation of a community redevelopment trust fund known as the South
Miami Community Redevelopment and Revitalization Trust Fund (the "Fund ") which provides
for the calculation and appropriation of tax increment funds; and
WHEREAS, the boundaries identified for the Redevelopment Area are within the
corporate limits of the City; and
WHEREAS. the City played the major role in the preparation of the Plan; and
WHEREAS, the County, the City and the Agency desire to delineate their areas of
responsibility with respect to the redevelopment of the Redevelopment Area.
WITNESSETH, that for and in consideration of the mutual covenants and agreements
contained herein, the County, the City and the Agency agree as follows:
I. Delegation of Powers
A. With the exception of the community redevelopment powers that continue
to vest in the Board pursuant to Section 163.358, Florida Statutes, the City Commission, either
directly or through the Agency, shall have the sole right and responsibility to exercise the
2
following redevelopment powers specifically delegated by the Board pursuant to the Act:
(1) The power to make and execute contracts and other instruments necessary
or convenient to the exercise of its powers pursuant to the Act.
(2) The power to disseminate slum clearance and community redevelopment
information.
(3) The power to undertake and carry out community redevelopment and
related activities within the Redevelopment Area, which redevelopment may include:
(a) Acquisition of a slum area or a blighted area or portion
thereof,
(b) Demolition and removal of buildings and improvements;
(c) Installation, construction. or reconstruction of streets,
utilities, parks, playgrounds. and other improvements
necessary for carrying out in the Redevelopment Area
the community redevelopment objectives of the Act in
accordance with the Plan:
(d) The power to dispose of any property acquired in the
Redevelopment Area at its fair value for uses in accordance
with the Plan;
(e) The power to carry out plans for a program of voluntary or
compulsory repair and rehabilitation of buildings or other
improvements in accordance with the Plan:
(f) The power to acquire real property in the Redevelopment
Area which, under the Plan, is to be repaired or
rehabilitated for the dwelling use or related facilities,
repair or rehabilitation of the structures for guidance
purposes, and resale of the property;
(g) The power to acquire any other real property in the
Redevelopment Area when necessary to eliminate
unhealthful, unsanitary, or unsafe conditions; lessen
density; eliminate obsolete or other uses detrimental to the
public welfare; or otherwise to remove or prevent the
spread of blight or deterioration or to provide land for
needed public facilities:
3
(h) The power to acquire without regard to any requirement
that the area be a slum or blighted area, of air rights in an
area consisting principally of land in highways, railway or
subway tracks, bridge or tunnel entrances, or other similar
facilities which have a blighting influence on the
surrounding area and over which air rights sites are to be
developed for the elimination of such blighting influences
and for the provision of housing (and related facilities and
uses) designed specifically for, and limited to, families and
individuals of low or moderate income;
(i) The power to construct foundations and platforms
necessary for the provision of air rights sites of housing
(and related facilities and uses) designed specifically for
and limited to, families and individuals of low or moderate
income.
(4) The power to provide, or to arrange or contract for, the furnishing or repair
by any person or agency, public or private, of services, privileges, works,
streets, roads, public utilities, or other facilities for or in connection with a
community redevelopment; to install. construct, and reconstruct streets,
utilities, parks, playgrounds, and other public improvements; and to agree
to any conditions that it deems reasonable and appropriate which are
attached to federal financial assistance and imposed pursuant to federal
law relating to the determination of prevailing salaries or wages or
compliance with labor standards, in the undertaking or carrying out of a
community redevelopment and related activities, and to include in any
contract let in connection with such redevelopment and related activities
provisions to fulfill such of the conditions as it deems reasonable and
appropriate.
(5) Within the Redevelopment Area:
(a) The power to enter into any building or property in the
Redevelopment Area in order to make inspections, surveys,
appraisals, soundings, or test borings and to obtain an order
for this purpose from a court of competent jurisdiction in
the event entry is denied or resisted;
(b) The power to acquire by purchase, lease, option, gift, grant,
bequest, devise, eminent domain (as provided in this
Agreement) or otherwise any real property (or personal
property for its administrative purposes), together with any
improvements thereon;
4
(c) The power to hold, improve, clear, or prepare for
redevelopment any such property;
(d) The power to mortgage, pledge, hypothecate, or otherwise
encumber or dispose of any real property;
(e) The power to insure or provide for the insurance of any real
or personal property or operations of the City against any
risks or hazards, including the power to pay premiums on
any such insurance;
(f) The power to enter into any contracts necessary to
effectuate the purposes of the Act;
(g) The power to solicit requests for proposals for
redevelopment of parcels of real property contemplated by
the Plan to be acquired for redevelopment purposes by the
Agency and, as a result of such requests for proposals, to
advertise for the disposition of such real property to private
persons pursuant to Section 163.380, Florida Statutes, prior
to acquisition of such real property by the Agency; and
(h) To the Agency, the power to exercise eminent domain so to
acquire by condemnation any interest in real property,
including a fee simple title thereto, which it deems
necessary for, or in connection with, community
redevelopment and related activities under the Act,
provided however, the exercise of eminent domain power
by the Agency is limited as follows: (a) the power of
eminent domain may be exercised by the Agency upon only
those parcels of land listed in Appendix B of the Plan; (b)
the power of eminent domain shall not be exercised by the
Agency if the effect of such condemnation is a reduction in
the pool of affordable housing; and (c) the delegation of
eminent domain power to the Agency shall be effective for
a five (5) year tetra commencing on the date of execution of
this Agreement, such that, with the exception of any
condemnation cases initiated by the Agency prior to the
expiration of such five (5) year term, upon the lapse of such
five (5) year period the Agency shall no longer have the
right to exercise the power of eminent domain unless
extended by an amendment to this Agreement. The Agency
shall give the County thirty (30) days written notice prior to
the exercise by the Agency of this power.
5
(6) The power to invest any community redevelopment funds held in reserves
or sinking funds or any such funds not required for immediate
disbursement in property or securities in which savings banks may legally
invest funds subject to their control and to redeem such bonds as have
been issued pursuant to Section 163.385, Florida Statutes, at the
redemption price established therein or to purchase such bonds at less than
the redemption price, all such bonds so redeemed or purchased to be
canceled.
(7) The power to borrow money and to apply for and accept advances, loans,
grants, contributions, and any other form of financial assistance from the
Federal Government or the state, county, or other public body or from any
sources, public or private, for the purposes of the Act, and to give such
security as may be required and to enter into and carry out contracts or
agreements in connection therewith; and to include in any contract for
financial assistance with the Federal Government for or with respect to
community redevelopment and related activities such conditions imposed
pursuant to federal laws as the County and/or the City deems reasonable
and appropriate which are not inconsistent with the purposes of the Act.
(8) Within its area of operation, the power to make or have made all surveys
and plans necessary to the carrying out of the purposes of the Act; to
contract with any person, public or private, in making and carrying out
such plans; and to adopt or approve, modify, and amend such plans, which
plans may include, but are not limited to:
(a) Plans for carrying out a program of :voluntary or
compulsory repair and rehabilitation of buildings and
improvements;
(b) Plans for the enforcement of state and local laws, codes,
and regulations relating to the use of land and the use and
occupancy of buildings and improvements and to the
compulsory repair, rehabilitation, demolition, or removal of
buildings and improvements;
(c) Appraisals, title searches, surveys, studies, and other plans
and work necessary to prepare for the undertaking of
community redevelopment and related activities.
(9) The power to develop, test, and report methods and techniques, and carry
out demonstrations and other activities, for the prevention and the
elimination of slums and urban blight and developing and demonstrating
new or improved means of providing housing for families and persons of
low income.
�%
(10) The power to apply for, accept, and utilize grants of funds from the
Federal Government for such purposes.
(11) The power to prepare plans for and assist in the relocation of persons
(including individuals, families, business concerns, nonprofit
organizations, and others) displaced from the Redevelopment Area and to
make relocation payments to or with respect to such persons for moving
expenses and losses of property for which reimbursement or compensation
is not otherwise made, including the making of such payments financed by
the Federal Government.
(12) The power to appropriate such funds and make such expenditures as are
necessary to carry out the purposes of the Act; to zone or rezone any part
of the City or make exceptions from building regulations; and to enter into
agreements with a housing authority, which agreements may extend over
any period, notwithstanding any provision or rule of law to the contrary,
respecting action to be taken by the City pursuant to any of the powers
granted by the Act.
(13) The power to close, vacate, plan, or replan streets, roads, sidewalks, ways,
or other places and to plan or replan any part of the City.
(14) Within its area of operation, the power to organize, coordinate, and direct
the administration of the provisions of the Act as they may apply to the
City, in order that the objective of remedying slum and blighted areas and
preventing the causes thereof within the City may be most effectively
promoted and achieved and to establish such new office or offices of the
City or to reorganize existing offices in order to carry out such purpose
most effectively.
(15) The power to exercise all or any part or combination of powers herein
granted or to elect to have such powers exercised by the Agency.
II. Implementation of the Plan
A. The redevelopment powers listed in Section I. herein may be exercised
only with respect to the Redevelopment Area and only with respect to the Plan as
accepted by the City Commission and approved by the Board, together with any
supplements or amendments to the Plan, provided that any amendments and supplements
to the Plan must also be approved by the Board. The City and the Agency hereby
7
expressly agree that the Plan as approved by the Board pursuant to Ordinance No. 98 -79
is for a five (5) year period. The City and the Agency agree that six (6) months prior to
the expiration of such five (5) year term, they shall prepare, adopt and bring forward to
the Board a supplement to the Plan for the second phase of redevelopment. Therefore, it
is expressly understood and agreed to that the redevelopment powers conferred by the
Board to the City Commission and the Agency, as the case may be, may be exercised by
either for a five (5) year period commencing on the date of execution of this Agreement
unless extended by a subsequent amendment to the Plan and this Agreement; provided,
however, if the City and the Agency timely submit a supplement to the Plan for the
second phase of redevelopment in accordance with this section, the City and the Agency,
as the case may be, may continue to exercise the powers conferred by the Board to such
entity pursuant to this Agreement until such time that such supplement is acted upon by
the Board. If the Board does not approve the supplement, this Agreement shall be
deemed terminated thirty (30) days after such Board action, upon which time the Agency
and the City shall no longer have the right to exercise the redevelopment powers
delegated in this Agreement. Conversely, if the Board approves the supplement for the
second phase of redevelopment and the corresponding amendment to this Agreement, the
Agency and the City, as the case may be, may continue to exercise the powers conferred
by the Board to such entity pursuant to this Agreement, as amended, and the amended
Plan.
B. No more than ten percent (10 %) of the funds contemplated to be expended
under the Plan shall be used for total administrative expenses allowable under Section
H
163.387(6)(a), Florida Statutes (including indirect and overhead expenses which may not
exceed six percent (6 %) of such funds contemplated to be spent under the Plan).
C. The City shall, either directly or through the Agency, ensure that the staff
of the Agency be racially and ethnically diverse, all in accordance with applicable law.
In. City /County Coordination
A. The County Manager shall designate a Redevelopment Area Coordinator
(the "Redevelopment Area Coordinator "). The Redevelopment Area Coordinator shall
serve as the County's liaison to the City and the Agency for the Redevelopment Area.
The Redevelopment Area Coordinator shall carry out the day -to -day County
responsibilities for the Redevelopment Area and shall be the designated person to receive
all data and reports pertaining to the Plan.
B. The City, either directly or through the Agency, shall be responsible for
implementing and conforming to the Plan, including developing and implementing
proposals for indebtedness and bond financing, acquisition, disposition and relocation
activities, eminent domain activities (subject to the limitations contained herein),
coordination and implementation of the design and construction of public improvements
necessary to support the redevelopment of the Redevelopment Area, and such other
projects and activities as are contemplated by the Plan. The City, either directly or
through the Agency, shall deliver copies of all accepted proposals for the Redevelopment
Area to the Redevelopment Area Coordinator.
C. The Redevelopment Area Coordinator shall submit all proposals related to
amendments to the Plan and proposals for indebtedness and bond financing to the County
9
Manager's Tax Increment Financing and Coordinating Committee (the "TIFC
Committee"). which Committee shall review and make recommendations to the County
Manager on modifications and amendments to the Plan and all proposals for indebtedness
and bond financing for the Redevelopment Area. The Redevelopment Area Coordinator
shall review all proposals prior to review by the TIFC Committee and the Board.
D. The annual budget and progress reports shall be submitted to the County
not later than forty -five (45) days prior to the beginning of each County fiscal year in a
format approved by the County. The annual budget for the Agency and the
Redevelopment Area shall be subject to review and approval by the Board. With the
exception of the debt service payment on current bond obligations financed by tax
increment revenues, no funds on deposit in the Fund may be expended by the City
Commission or the Agency, as the case may be, until the annual budget has been
approved by the Board. The TIFC Committee shall initially review the budget and
submit recommendations to the County Manager for review and to the Board for final
approval. At the request of the County, the City or the Agency shall submit additional
progress reports on the Plan and Redevelopment Area activities.
E. Once the Board approves and adopts any amendments and modifications
to the Plan, such amendments and modifications shall become a part of the Plan and the
powers delegated to the City Commission pursuant to this Agreement, shall be
exercisable either directly or through the Agency, with respect to such amendments and
modifications.
10
N. Land Disposition
A. Any disposition of land for the Redevelopment Area shall be
accomplished in accordance with applicable provisions of federal, state and local law,
established City guidelines, the Plan and this Agreement pursuant to the Act.
V. Other Redevelopment Area Activities
A. The City, either directly or through the Agency, shall be
responsible for the administration and funding of all relocation activities. Six months
prior to the commencement of redevelopment activities which may result in the
displacement of persons, the City, either directly or through the Agency, shall establish
residential relocation procedures for the relocation of such persons (the "Local Relocation
Procedures ") and shall submit such Local Relocation Procedures to the Board for review
and approval. In addition to any applicable federal, State or local law, the Local
Relocation Procedures shall apply in all relocation cases within the Redevelopment Area;
provided, however, if federal funds are received by the City, either directly or through the
Agency, for the project which requires residential relocation, the City, either directly or
through the Agency, shall follow the relocation procedures set forth in the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 United
States Code, Chapter 61, Section 4601, et seq. The City may contract with County
agencies to assist in residential relocation.
B. The City, either directly or through the Agency, shall construct multi -unit
residential projects within the Redevelopment Area; replace unit for unit any housing
stock removed from the Redevelopment Area or development other than residential; and
to the extent a displaced persons elects to be relocated to a location within the
11
Redevelopment Area, the City either directly or through the Agencv, shall ensure that any
displaced persons be relocated to a location within the Redevelopment Area.
C. The pool of affordable housing shall not be reduced from its current
amount. The Agency and the City shall report to the County's Office of Community and
Economic Development on an annual basis the status of its pool of affordable housing so
that the County's Office of Community and Economic Development may monitor this
activity. In addition, any new development or construction of affordable housing shall be
distributed equitably between the different racial and ethnic groups, in accordance with
applicable law. Affordability shall be in accordance with the provisions of Section Five:
Affordable Housing and Relocation Policy of the Plan.
D. The City shall identify annually social service and educational projects
which will complement Redevelopment Area programs, and shall provide funding
annually for those projects through the City's General Fund. The Projects identified shall
either be a new one or a quantifiable increase in the level of service in the twelve calendar
months prior to the execution of the Interlocal Agreement.
E. The City, either directly or through the Agency, shall cause an independent
audit by a Certified Public Accounting firm to be performed on an annual basis, in
compliance with 163.356, Florida Statutes, to be forwarded to the Board within thirty
(30) days of completion.
12
F. All redevelopment activities conducted with respect to the Redevelopment
Area shall be in conformance with the Plan as the same may be amended. Any
amendments to the Plan as required by Section 163.361, Florida Statutes, must have prior
approval of the Board before the City, either directly or through the Agency, may
implement the changes contemplated by the amendments. Once approved, however, the
City, either directly or through the Agency, may implement the amendments thereto.
G. The City or the Agency, as the case may be, shall include language in any
loan agreement, grant agreement or other agreements or contracts entered into between
the City or the Agency and business involved in the redevelopment effort of the
Redevelopment Area which states that, as a condition to the business' receipt of monies
or incentives from the City or the Agency, any new jobs created as a result of the
redevelopment shall be awarded so that such group of employees are an racially
ethnically- diverse group, racially all in accordance with applicable law.
VI. Project Financing
A. The City, either directly or through the Agency, shall establish and
maintain the Fund, as required by applicable law. Both the City and the County shall
deposit annually into the Fund an amount equal to fifty percent (50 %) of the increment
from ad valorem taxes collected within the Redevelopment Area pursuant to Section
163.387, Florida Statutes, Ordinance No. 98 -80 enacted by the Board on May 19, 1998
and other provisions of applicable law.
13
B. The City, either directly or through the Agency, shall develop and
promulgate rules, regulations and criteria whereby the Fund may be promptly and
effectively administered, including the establishment and the maintenance of books and
records and adoption of procedures whereby the City may, either directly or through the
Agency, expeditiously and without undue delay, utilize such funds in accordance with the
Board approved budget for the Redevelopment Area.
C. The City, either directly or through the Agency, shall select
financial and legal consultants as necessary to assist in the preparation of the tax
increment financing plans. The City and the Agency shall encourage the participation of
and utilize small and minority businesses. specifically with respect to bond counsel,
underwriters' counsel and underwriting services, in the development of the
Redevelopment Area.
D. The City, either directly or through the Agency, may sell bonds
and execute notes and other forms of indebtedness, as well as collateral documents, to
finance capital improvements deemed necessary for the Redevelopment Area; however,
County approval as to amount, duration and purpose . of such bonds, notes or other
indebtedness, including advances pledging or obligating tax increment revenues, must be
obtained prior to issuance of any such bond, note or other form of indebtedness including
advances pledging or obligating tax increment revenues. The County's obligation to
annually appropriate to the Fund shall continue until all loans, advances and
indebtedness, if any, and interest thereon, of the Agency incurred as a result of
14
redevelopment in the CRA, have been paid, or for as long as required by applicable law,
whichever is later. In no year shall the County's obligation to the Fund exceed the
amount of that year's tax increment as determined pursuant to Ordinance No. 98 -80. On
the last day of the fiscal year of the Agency, any money which remains in the Fund after
payment of expenses pursuant to Section 163.387(6), Florida Statutes, for such year shall
be: (1) returned 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
Fund by all taxing authorities within the Redevelopment Area for that year; (2) used to
reduce the amount of any indebtedness to which increment revenues are pledged; (3)
deposited into an escrow account for the purpose of later reducing any indebtedness to
which increment revenues are pledged; or (4) appropriated to a specific redevelopment
project pursuant to the approved Plan which project will be completed within three (3)
years from the date of such appropriation.
VII. Citizen Participation
A. To carry out the citizen participation process, the City, either
directly or through the Agency. shall utilize community groups and seek community
involvement and consider citizen input in the development of Redevelopment Area
activities.
B. The City, either directly or through the Agency, shall create and
establish an advisory board the composition of which shall be racially and ethnically
diverse and shall include citizens who reside and or work in the Redevelopment Area and
other professionals who may give technical advice to the Agency, in accordance with
15
applicable law. The advisory board shall be charged with monitoring the Agency for
compliance with the objectives enumerated in the Plan. The advisory board shall conduct
a comprehensive review of the Agency and the City's accomplishments with respect to
the Plan. This review shall be done at least every three (3) years and its finding shall be
forwarded to the Board for review.
VIII. Project Management, Administration and Coordination
A. The City and/or the Agency shall consider any reasonable
request of the County with respect to implementing any plan of action related to the Plan.
The City and/or the Agency shall develop implementation schedules and timetables for
all significant Redevelopment Area activities as determined by the City and/or the
Agency, copies of which shall be delivered to the Redevelopment Area Coordinator
beginning one year from the implementation of this Agreement. The City and/or the
Agency shall also deliver additional interim reports to the County upon request.
The Redevelopment Area Coordinator shall receive from the City
and/or the Agency advance notice of all public meetings related to development of
projects pursuant to this Agreement and on a regular basis, information regarding the
progress of all such development through the design and construction of such projects.
2. During construction, the County shall have the right to attend all
such public meetings and inspect the projects being developed at all reasonable times
subject to reasonable restrictions imposed by the contractor.
3. The City and/or the Agency shall consult regularly with the
Redevelopment Area Coordinator in order to keep the County reasonably informed
16
throughout the duration of the planning, design and construction of such redevelopment
projects. The City, either directly or through the Agency, shall be required to have an
outside independent audit on the annual basis to monitor and investigate compliance with
the terms of this Agreement. The right of the auditor to investigate, monitor, inspect,
copy, review, verify and check operations and records of the City and the Agency shall
include, but not be limited to, all of its employees, consultants, agents or authorized
contractors and subcontractors, as well as, all administrative and operational facilities
used by the City, the Agency and the County in connection with all matters arising under
this Agreement. Records include, but are not limited to, construction, financial,
correspondence, instructions, memoranda, bids and contract documents, as well as all
other records pertaining to the planning, development and construction of projects
pursuant to this Agreement. Any rights that the County has under this provision shall not
be the basis for any liability to accrue to the County from the City, the Agency or third
parties for such monitoring or investigation or for the failure to have conducted such
monitoring or investigation.
IX. The Agency
A. The City Commission shall appoint two (2) additional
commissioners to the Agency no later than sixty (60) days from the effective date of this
Agreement in accordance with the provisions of the Act. The two (2) members shall be
residents from within the Redevelopment Area, all in accordance with applicable law.
The composition of the Agency by the addition of two (2) additional members, shall be
ethnically and racially diverse, all in accordance with applicable law. The City
17
Commission agrees that the Agency shall at all times consist of seven (7) members for the
term of this Agreement.
X. City Assurances Regarding Affirmative Action.
As part of this Agreement the City and the Agency, as the case may
be, shall follow applicable federal, State and County laws and regulations concerning
affirmative action and race /ethnic /gender conscious concerns all in accordance with
applicable law.
XI. Amendments
This Agreement may be amended only by a written agreement
signed by the City, the Agency and the County.
OR
IN WITNESS WHEREOF, the parties hereto have caused this ALreement to be
executed in their names by their duly authorized officers and the corporate seals to be affixed
hereto, all as of the day and year first above written.
WITNESS our hands and seals on this day of
CITY OF SOUTH MIAMI, FLORIDA, a
municipal corporation of the State of Florida
By: rce'�
City Manager
ATTEST:
By:
City Clerk
+�us�i4l -Y4 -lo ?b.0 6�,�r /Pf
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
City Attorney
SOUTH MIAMI COMMUNITY
REDEVELOPMENT AGENCY.
a public body corporate
and politic
By:
Chairman
0- 0091.16
By:
Clerk
19
M
M
MIAMI -DADE COUNTY, FLORIDA,
a political subdivision of the State of
Florida
County Manager
By:
Deputy Clerk
M9:NY/:I.IF1iIril its] 7uF1 P7 :ttl:i+rFY 1aat.7rx.t.yA
County Attorney
0 MEM'OR'ANDUM
TO: Barbara Jordan DATE:
Senior Assistant to the County Manager
SUBJECT: South Miami Interlocal Agreement
FROM: Tony E. Crapp, Sr., Director
Office of Community & Economic Dev.
Attached for your review and the County Manager's signature is an agenda item requesting Board
approval of the Interlocal Cooperation Agreement between Miami -Dade County and the City of
South Miami for its Community Redevelopment Project.
Please arrange to have this Ordinance placed on the Board's July 13, 1999 agenda for the First
Reading.
TEC/HB/hw
Attachment
COMMUNITY REDEVELOPMENT AGENCY
BOUNDARY DESCRIPTION
Beginning at a point, said point being the southeast comer of Section 25, Township 54 South,
Range 40 East and being the intersection of the centerline of Southwest 57 Avenue (Red Road)
and the centerline of Southwest 72 Street (Sunset Drive); thence running westerly along the
south line of the aforesaid Section 25, said line being the centerline of Southwest 72 Street
(Sunset Drive), a distance of 2,640 feet, more or less, to the intersection of the centerline
Southwest 72 Street (Sunset Drive) and the centerline of Southwest 62 Avenue (Paul Tevis
Road), the same being the southwest corner of the southeast quarter of said Section 25; thence,
running northerly along the west line of the southeast quarter, the same being the centerline of
Southwest 62 Avenue (Paul Tevis Road), a distance of 3,463 feet, more or less, to the
intersection of the centerline of Southwest 62 Avenue (Paul Tevis Road) and a line, the same
being the western extension of the northern right -of -way line of Southwest 62 Street; thence
running easterly along said line, and continuing along the northern right -of -way line of
Southwest 62 Street, a distance of 1,362 feet, more or less, to the intersection of the northern
right -of -way line of Southwest 62 Street and the eastern right -of -way line of Southwest 59
Avenue; thence running southerly along the eastern right -of -way line of Southwest 59 Avenue, a
distance of 159 feet, more or less, to the intersection of the eastern right -of -way line of
Southwest 59 Avenue and a line, the same being the western extension of the north line of Lots
A, B, C and D of Block 1, University Gardens No. 1 Subdivision, A Re -Plat of Block 2,
according to the plat thereof, as recorded in Plat Book 91 at Page 36 in the Public Records of
Dade County, Florida; thence running easterly along the north line of said Lots A, B, C, and D, a
distance of 309 feet, more or less, to the northeast comer of said Lot A, the same being the
northeast comer of University Gardens No.l Subdivision; thence southerly along the eastern line
of University Gardens No. l Subdivision, according to the plat thereof, as recorded in Plat Book
89 at Page 15 in the Public Records of Dade County, Florida, a distance of 662 feet, more or
less, to the southeast corner of University Gardens No. I Subdivision, the same being a point in
the centerline of Southwest 64 Street (Hardee Drive); thence running easterly along the
centerline of Southwest 64 Street (Hardee Drive), the same being the north line of the south half
of said Section 25, a distance of 990 feet, more or less, to the intersection of the centerline of
Southwest 64 Street (Hardee Drive) and the centerline of Southwest 57 Avenue (Red Road), the
same being the northeast comer of the southeast quarter of said Section 25; thence running
southerly along the centerline of Southwest 57 Avenue (Red Road), a distance of 2,640 feet,
more or less, to the intersection of the centerline of Southwest 57 Avenue (Red Road) and the
centerline of Southwest 72 Street (Sunset Drive), the same being the southeast comer of said
Section 25, Township 54 South, Range 40 East, said point being the Point of Beginning, which
area comprises approximately 185 acres.
Revived FP.hr7tnry 26 1997
Final Vp.r.vinn with Arreave
South Miami Communitv Redevelopment Plan _� page I A
Vacant Residential Properties and Buildings in the CRA District
[:olio Number
0940250000620
0940250000700
0940250000720
0940250000730
0940250000790
0940250000850
0940250000852
0940250000900
0940250000940
0940250070040
0940250070160
0940250070170
0940250070180
0940250070280
0940250070290
0940250070330
0940250070340
0940250070350
0940250090010
0940250090030
0940250090040
0940250090100
0940250090110
0940250090240
0940250100070
0940250100320
0940250100360
0940250100560
0940250100600
0940250100630
0940250100640
0940250100650
0940250100660
0940250100670
0940250100750
0940250100770
0940250100780
0940250100800
0940250100850
0940250100860
0940250110140
0940250110150
0940250110160
0940250110170
Property Address
(If applicable)
6081 SW 64 TERR
6096 SW 64 ST
6065 SW 64 TERR
6048 SW 64 ST
6488 SW 60 AVE
6273 SW 60 AVE
6365 SW 60 AVE
5991 SW 64 ST
6239 SW 59 PL
6257 SW 59 PL
6317 -6319 SW 59 PL
6357 SW 59 PL
6167 SW 64 ST
6165 SW 64 ST
6345 SW 62 AVE
6163 SW 63 TERR
6443 SW 59 PL
6505 SW 59 PL
6471 SW 59 CT
6001 SW 64 ST
6074 SW 63 ST
6090 SW 63 ST
6082 SW 63 ST
6039 SW 63 TERR
6041 SW 63 ST
6017 SW 63 ST
7020 SW 61 AVE
7000 SW 61 AVE
Type of Parcel
(Property or Building)
Buildine
Property
Property
Property
Property
Property
Property
Property
Property
Building
Property
Property
Property
Property
Property
Property
Property
Property
Property
Property
Property
Property
Property
Property
Property
Property
Property
Property
Property
Property
Property
Property
Property
Property
Property
Property
Building
Property
Building
Building
Property
Property
Propem
Property
Notes
Future Right -of -Way, folio # has been r
South Miami Community Redevelopment Plan page 63 A
v
Page 63 B
south Miami Comm
unify Redevelopment Pion a�
I
Building
SW 70 ST
property
020 "
.5996
5942 SW 62 ST
Properly
0320
6400 SW 57 CT
Building
30030
6501 SW 5B PL
property
30560
5901 SW 66 ST
property
50830
5901 SW 66 ST
property
50840
property
'.80010
Property
180190
5926 SW 66 ST
property
?80200
5895 SW 67 ST
Property
280300
6600 -10 SW 59 PL
Property
290010
Property
1290080
6008 SW 66 ST
property
)290090
Property
3290140
Property
0290160
Property
0340250
6260 SW 58 PL
Property
30580110
30650090
Page 63 B
south Miami Comm
unify Redevelopment Pion a�
I
Vacant Commercial Properties and Buildings in the CRA District
Number
Property
Address
Type of Parcel
(If applicable)
(Property or Building)
.40250070190
Property
0940250070200
Property
0940250070370
6373
SW 59 PL
Property
0940250070380
5935
SW 64 ST
Property
0940250100010
5978
SW 64 ST
Property
0940250100020
Property
0940250100140
Property
0940250100160
6420
SW 59 PL
Property
0940250100170
Property
0940250100270
5944
SW 64 ST
Property
0940250100280
6401
SW 59 PL
Property
0940250100290
6411
SW 59 PL
Property
0940250100300
6415
SW 59 PL
Property
0940250110140
7020 SW 61 AVE
Property
0940250110150
7000 SW 61 AVE
Property
0940250110160
Property
0940250110170
Property
0940250110200
5996
SW 70 ST
Building
0940250270100
Property
0940250270110
7141
SW 81 CT
Property
0940250280900
6731
SW 58 PL
Property
0940250280910
Property
0940250280920
5845
SW 68 ST
Property
0940250281390
Property
0940250281400
5876
SW 68 ST
Property
0940250281410
Property
0940250281420
5896
SW 68 ST
Property
0940250281430
Property
0940250281940
Property
0940250281950
6930
SW 59 PL
Property
0940250281960
Property
0940250281970
5982
SW 69 ST
Property
0940250281980
5986
SW 69 ST
Property
0940250281990
5990
SW 69 ST
Property
0940250282000
Property
0940250282010
6010
SW 69 ST
Property
0940250282011
Property
0940250282020
6011
SW 70 ST
Property,
0940250282030
6005
SW 70 ST
Property
0940250282040
5951
SW 70 ST
Property
0940250282041
5965
SW 70 ST
Property
0940250282050
6940
SW 59 PL
Property
0940250282070
5890
SW 69 ST
Building
Notes
Pending proposed zoning C.
Pending proposed zoning c
Pending proposed zoning c
Pending proposed zoning c
South Miami Community Redevelopment Plan page 63 C
Im