06-28-99 SpecialMAYOR:
Julio Robaina
CITY MANAGER: Charles Scurr
VICE MAYOR:
Armando Oliveros, Jr.
CITY ATTORNEY: Earl G. Gallop
COMMISSIONER:
Horace G. Feliu
CITY CLERK: Ronetta Taylor
COMMISSIONER:
David D. Bethel
COMMISSIONER:
Mary Scott Russell
SPECIAL CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: June 28, 1999 6130 Sunset Drive, South Miami, FL
Next Regular Meeting date: July 20, 1999 Phone: (305) 663 -6340
Time: 7:30 PM
PURSUANT TO FLA STATUTES 286,0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES
TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT
FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS
NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE
INADMISSIBLE OR IRREVELANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE
ALLOWED BY LAW.
City of South Miami Ordinance No. 6 -86 -1251 requires all persons appearing in a paid or
remunerated representative capacity before the City Staff, Boards, Comnittees and the City
Commission, to fill out the appropriate form and file it with the City Clerk prior to engaging in
lobbying activities.
CALL TO ORDER:
A. Roll Call:
B. Invocation:
C. Pledge of Allegiance:
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. City Manager's Report
2. .ty Attorney's Report
CONSENT AGENDA
3. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE COMMUNITY
REDEVELOPMENT AGENCY BOARD; APPOINTING CHARETE B.
PLUMMER TO SERVE FOR AN UN- EXPIRED TERM ENDING NOVEMBER
17, 2002 OF UNTIL A SUCCESSOR IS DULY APPOINTED AND
QUALIFIED; PROVIDING AN EFFECTIVE DATE.
(Mayor Robaina) 3/5
SPECIAL CITY COMMISSION 1
AGENDA - June 28, 1999
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS,
AUTHORIZING THE EXECUTION OF CONTRACT AMENDMENTS WITH
MIAMI -DADE COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS, FOR FISCAL YEAR 1995 ($50,000), FISCAL
YEAR 1996 ($375,000), FISCAL YEAR 1997 ($203,000), AND
FISCAL YEAR 1998 ($175,000).
(Mayor Robaina) 3/5
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE FUNDING
OF CONSTRUCTION PLANS FOR PHASE 1, (CONCESSION AND
OFFICE SPACES); RESCINDING RESOLUTION NO. 182 -98- 10450;
AUTHORIZING THE CITY MANAGER TO RELEASE FUNDS FROM
ACCOUNT NUMBER 106.- 2000 -572= 3450, SAFE NEIGHBORHOOD
PARKS BOND - MULTI - PURPOSE DESIGN.
ORDINANCE (S) SECOND READING PUBLIC HEARING (A)
There are none
RESOLUTION (S) HEARING
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR
SPECIAL EXCEPTIONS OF SECTION 20 -7.9 AND SECTION 20-
7.10 "DOWNTOWN STREETS" AND 20 -7.13 "REGULATING PLAN"
OF THE LAND DEVELOPMENT CODE FOR A BUILDING LOCATED IN
THE HOMETOWN DISTRICT AND SPECIFICALLY AT 5966 AND 5979
SOUTH DIXIE HIGHWAY AND ON A PARCEL AT THE CORNER OF
SOUTH WEST CORNER OF S.W. 74" STREET AND 59" PLACE.
(deferred from June 8, 1999)
4/5
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA 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.
3/5
RESOLUTION (S)
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO CITY
COMMISSION MEETING; RESCHEDULING THE JULY 20, 1999 CITY
COMMISSION MEETING TO JULY 13, 1999; PROVIDING FOR AN
EFFECTIVE DATE.
(Vice Mayor Oliveros) 3/5
SPECIAL CITY COMMISSION 2
AGENDA - June 28, 1999
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS,
AUTHORIZING THE EXTENSION OF OPEN PURCHASE ORDER
CONTRACT WITH TROPICAL FALLS LANDSCAPING, INC., IN AN
AMOUNT NOT TO EXCEED $20,000.00, AND CHARGING THE
DISBURSEMENT TO ACCOUNT NO. 001 -00- 219 -2350, ENTITLED
"ESCROW ACCOUNT - SHOPS AT SUNSET PLACE ".
(Commissioner Russell) 3/5
ORDINANCE (S) FIRST READING
There are none
SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2-2.1(k)(2) OF
THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING
PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO
SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION
SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE
THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION
TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE
COMMISSION".
PUBLIC REMARKS
COMMISSION REMARKS
SPECIAL CITY COMMISSION 3
AGENDA - June 28, 1999
x <)i'3pl.A
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 6/25/99
AGENDA ITEM #
FROM: Charles D. Scurr Comm. Mtg. 6/28/99
City Manager CRA Board Appointment
The attached resolution sponsored by Mayor Robaina appoints Charete B.
Plummer to the Community Redevelopment Agency Board . The term of this
appointment shall expire November 17, 2002 or until a successor is duly
appointed and qualified.
BACKGROUND
The Mayor and City Commission voted to expand the current five- member
Community Redevelopment Agency (CRA) Board of Commissioners to seven
members, in accordance with 163.357 F.S. The Miami -Dade County Board of
County Commissioners further defined the criteria for appointment of two
additional members by requiring that the two non - elected members reside in
the CRA area. Taking into account that she no longer resided in the area
Rubystine Anderson who was appointed as one of the non- elected members
submitted her Letter of resignation on June 7''. Ms. Charete B. Plummer has
been faithfully serving on the City of South Miami's Community Redevelopment
Agency Advisory Board and has demonstrated a genuine desire to serve her
community.
ANAL YS /S
Ms. Charete B. Plummer is being appointed to fill an un- expired term vacated by
Ms. Rubystine Anderson upon her resignation on June 71.
CONCLUSION
Given the fact that this is a very vital and ;active part of the CRA process the
Commission desires to appoint a full complement.
Attachments
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH- MIAMI, FLORIDA, RELATING TO
COMMUNITY REDEVELOPMENT AGENCY BOARD,
APPOINTING CHARETE B. PLUMMER TO SERVE FOR AN UN-
EXPIRED TERM ENDING NOVEMBER 17, 2002 OR UNTIL A
SUCCESSOR IS DULY APPOINTED AND QUALIFIED.;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, The Mayor and Commission voted to expand the current five -
member Community Redevelopment Agency (CRA) Board of Commissioners to
seven members, in accordance with 163.357 F.S.; and
WHEREAS, the Miami -Dade County Board of Commissioners further
defined the criteria for appointment of the two additional members by requiring
that the two non - elected members of the CRA Board must reside within the CRA
area; and
WHEREAS, Ms. Rubystine Anderson resigned from the Community
Redevelopment Agency (CRA) effective June 7, 1999; and
WHEREAS, Ms. Charete B. Plummer has been serving on the Community
Redevelopment Agency Advisory Board and has demonstrated a genuine desire
to contribute to her community.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Commission hereby appoints Charete B. Plummer
to the Community Redevelopment Agency Board to fill an un- expired term ending
November 17, 2002 or until a successor is duly appointed and qualified.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of 11999.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Oliveros:
Commissioner Feliu:
Commissioner Bethel
Commissioner Russell
6130 Sunset Drive Ph (305) 663 -6340
South Miami, FL 33143 Fax (305) 663 -6348
CITY BOARD /COMMITTEE APPLICATION
1. Name.—Clay-0 � - ' VM me-{L
2.
3.
4.
5.
6.
(please print)
HomeAddress Lo t at Q. �W (.0 �-t-
s
Business F-6 1 L M en
Business Address r-(olp _ (env k,,� i l,i
Home Phone lD_1 0-� 64") 0 Business Phone
Educational Background
7. Community Services
1 4C G � Ue. Oj' C-1 �RQ C (t 1M%' CGrr i
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8. Are you a registered voter? Yes L-- No
9. Are you a resident of the City? Yes__I,---' No
10. Do you have a business in the City? Yes No
Signature / Date
RESUMES WILL REMAIN ON FILE FOR ONE YEAR
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and Commission DATE: June 28, 1999
FROM: Charles D. Scurr SUBJECT: Agenda Item #
City Manager Commission Meeting,
June 28, 1999
AUTHORIZATION OF THE CITY
MANAGER TO ENTER INTO A
CONTRACT WITH MIAMI -DADE
COUNTY FOR CDBG FUNDS
FOR THE MULTIPURPOSE
CENTER.
REQUEST
The attached resolution seeks approval for the City of South Miami to execute contract
amendments with Miami -Dade County in order to consolidate and carryover Community
Development Block Grant (CDBG) funds from previous contract years to this year.
BACKGROUND & ANALYSIS
The Miami -Dade Office of Community and Economic Development (OCED) administers the
CDBG funds through a series of yearly contracts. The City of South Miami has received funding
from OCED in FY 1995 ($50,000), 1996 ($375,000), 1997 ($203,000) and 1998 ($175,000).
OCED would like to consolidate all of these grants into a single grant to simplify administration
and processing. This resolution authorizes that consolidation.
There will be no change in the requirements of the contracts.
RECOMMENDATION
Approval is recommended.
RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY
4 COMMISSION OF THE CITY OF SOUTH MIAMI,
5 FLORIDA, RELATING TO CONTRACTS,
6 AUTHORIZING THE EXECUTION OF CONTRACT
7 AMENDMENTS WITH MIAMI -DADE COUNTY FOR
8 COMMUNITY DEVELOPMENT BLOCK GRANT
9 (CDBG) FUNDS, FOR FISCAL YEAR 1995 ($50,000),
to FISCAL YEAR 1996 ($375,000), FISCAL YEAR 1997
11 ($203,000), AND FISCAL YEAR 1998 ($175,000).
12
13 WHEREAS, the City of South Miami was awarded a Community Development Block
14 Grant (CDBG) for the design and construction of a Multipurpose Center in Murray, and;
15
16 WHEREAS, the Miami -Dade County Office of Community and Economic Development
17 (OCED) administers the CDBG funds through yearly contracts with the receiving entity, and;
18
19 WHEREAS, the contracts with OCED for fiscal years 1995, 1996, 1997, and 1998 are
20 required to be amended in order to make funds available through fiscal year 1999.
21
22 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
24
25 Section 1. The City Manager is hereby authorized to sign the OCED Contract
26 Amendments for the design and construction of the Multipurpose Center which shall be effective
27 until December 31, 1999.
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Section 2. The OCED Contract Amendments shall accept, extend, and combine the
previous fiscal year 1995 for $50,000, fiscal year 1996 for $375,000, the fiscal year 1997
contract for $203,000, and the fiscal year 1998 contract for $175,000 into one amended contract
with OCED for the maximum amount of $803,000.
PASSED AND ADOPTED this 28th day of June 1999.
APPROVED:
ATTEST:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
v
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 6/25/99
AGENDA ITEM # -gi
FROM: Charles D. Scurr Comm. Mtg. 6/28/99
City Manager Re- directing the release of
funds from acct. #114 -
1820 -559 -3450 to acct.
#106-2000-572-3450 for
the Multi- Purpose Design.
REQUEST
The attached resolution rescinds previously approved resolution no. 182 -98 -10450 and
request approval for the release of funds for architectural and engineering design
services to be drawn from account no. 106- 2000 - 572 -3450 "Safe Neighborhood Parks
Bond - Multi- Purpose Design ".
BACKGROUND & ANALYSIS
The architectural design cost for Phase I of the Murray Park Multi- purpose Center was
$36,000. In June 1998 the City Commission approved the expenditure of these funds
to the Architectural Design Consortium.
It was anticipated that the City would utilize CDBG funds and the approved resolution
reflects this. Based on conversations with Miami -Dade County staff it has been agreed
that it would be more appropriate to use funding from the City's Trust for Safe
Neighborhood Parks grant. The proposed resolution makes that change.
Work on this contract has been completed. There is no change in the scope or dollar
amount. Approval of this resolution will enable the City to be reimbursed for the work
already performed.
RECOMMENDATION
Approval is recommended.
1 RESOLUTION NO
2
3
4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE FUNDING
6 OF CONSTRUCTION PLANS FOR PHASE 1, (CONCESSION AND
7 OFFICE SPACES); RESCINDING RESOLUTION NO. 182 -98- 10450;
8 AUTHORIZING THE CITY; MANAGER TO RELEASE FUNDS FROM
9 ACCOUNT NUMBER 106- 2000- 572 -3450, SAFE NEIGHBORHOOD
10 PARKS BOND MULTI- PURPOSE DESIGN.
11
12
13 WHEREAS, Resolution No. 182 -98 -10450 adopted at the June 9'
14 1998 City Commission meeting authorized City Manager to release
15 funds- from the OCD Grant for the design and preparation of phase
16 1; and,
17
18 WHEREAS, the OCD Grant funds the construction of the Multi-
19 Purpose Center; and,
20
21 WHEREAS, the Mayor and City Commission desire to rescind
22 Resolution No. 182 -98 -10450 and approve the release of funds for
23 architectural and engineering design services to be drawn from
24 account No. 106- 2000 - 572 -3450 Safe Neighborhood Parks Bond
-25 Multi- Purpose Design.
26
27 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
28 COMMISSION OF THE CITY OF SOUTH MIAMI FLORIDA:
29
30 Section 1. That Resolution No. 182 -98 -10450 is hereby
31 rescinded.
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33 Section 2 This resolution shall take effect immediately
34 upon approval.
35 ,
36 PASSED AND ADOPTED this day of 1999..
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39 ATTEST: APPROVED:
40
4]
42 CITY CLERK MAYOR
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45 READ AND APPROVED AS TO FORM:
46
47
48 CITY ATTORNEY
Resolution No. 182-98-10450
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
CnT "rZ] M A TA fT VT r'1DT" AT 11rT_Tr'1DT'7T1,11- -rLT7= r- T'T-t,• \mod A M k 1--VD Trl DZT CaC
1 11 1�'LA♦a�ll. ! L� /l \1111. 7♦_. 11 ALI♦\1L..11 v V 1 A 1L L.♦ 1 , I Al •nGF A\ / \ / l \LL. E
FUNDS IN THE AMOUNT OF 536.000.00 TO ARCHITECTURAL DESIGN
i%i .. ii\1i :.. -:-':a 0.1i aii.i.i it i`� i i\'ti i�iu -. . i -t V <<v -.�i.5i �i-.i't..iv►. ��i )i.Ii
GRANT - MUTI- PURPOSE CENTER ". FOR DESIGN AND PREPARTION OF
LV�Tt IDT if- "r'TI'►T\t U7 n K! �r'►U ULT C� t r r'r1�if- 'RCCTi ►A+ n ni l t iT �Tt -'� QUA I-rC
a,V • \V V ►•Vl, ♦ La •a IQ" '• V ♦\ • _ A� ♦ \,.V♦,\.. •-1.I �I•Vb • , ►♦ IY va a a\.a- -1 ♦ ►\..•..a.
WHEREAS, The Citv Commission approved resolution 9 135 -96 -9889 on
July _2 1996, authol ize l the C iiy iviarla_rr [o efort into a Contract with
Architectural Design Consortium to design a Multi- purpose Center: and
WHEREAS, Phase l consists of the architectural and engineering design
services fal v ice suttee. bathrooms. filcillt!Cni. Arid
WHEREAS, The cost for providing such services is $36,000.00 drawn from
• f l..�A I- �/� ., • t A tea. /1 / \T� /1 1 /"�
accurst *' 1 4 -18 0- 55191 - ,1510 ►J►_L' Gran! 1Aulh.Lpurpf!�e e_enter'.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
CO\ �1v rse-Ir 1 T 7tri • 0-Tr. 1 /1T ITT TTT7 • !7 A 1 !T TT /1T1 • .
jVi i 3 or- i 11 C 1-1 t I /r St_, L1 1 II .M1A lv11. r i-O RIDA:
Section 1. That a purchase order is awarded to The Architectural Design
Consortium lnc.. 1,01 the atnuurtt of 53n 00 .001.
Section 2. This resolution shall take effect immediateiv upon approval.
PASSED AND ADOPTED this 9th day of June, 1998.
ATTE APPROVED:
Y CLERK MAYOR
COMMISSION VOTE: 5 -0
READ PPROVED AS TO FORM: Mayor Robaina: Yea
zz4z= Vice Ma:vor Oliveros: Yea
Y ATTORNEY Commissioner Bethel: Yea
ru►armAtt WOVI -r I'm I Uche AmhAmt 9S Commissioner Fe l i u : Yea
Commissioner Russell: Yea
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: MayoVndCommissioners
Fromhar
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 13t
County agenda for first reading, and July 27th 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:
9 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 MU or 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 AUTHORIZING 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 16130 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 apart 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 ").
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 term 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.
6
(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 fora 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 maybe, 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
E
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.
III. Cit /y 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
W. 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 Agency, 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.
1. 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.
18
IN WITNESS WHEREOF, the parties hereto have caused this Agreement 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 , 1998.
CITY OF SOUTH MIAMI, FLORIDA, a MIAMI -DADE COUNTY, FLORIDA,
municipal corporation of the State of Florida apolitical subdivision of the State of
Florida
By: By:
City Manager County Manager
ATTEST:
By:
City Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
City Attorney
SOUTH MIAMI COMMUNITY
REDEVELOPMENT AGENCY,
a public body corporate
and politic
By:
Chairman
ATTEST:
By:
Clerk
19
By:
Deputy Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
County Attorney
MEMORANDUM
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
appi"oval 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
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
TO: Mayor and City Commission DATE: 6/25/99
AGENDA ITEM #j.
FROM: Charles D. Scurr Comm. Mtg. 6/28/99
City Manager Rescheduling July 20t''
Commission Meeting to
July 13, 1999
The attached resolution sponsored by Vice Mayor Armando Oliveros, Jr.,
reschedules the regularly scheduled City ,Commission meeting from July 20,
1999 to July 13,1999.
I RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO;
5 CITY COMMISSION MEETING RESCHEDULING THE JULY
6 20, 1999 CITY COMMISSION MEETING TO JULY 13, 1999;
7 PROVIDING AN EFFECTIVE DATE.
8
9 WHEREAS, Section 2 -2.1 of the City of South Miami Code of Ordinances
10 provides that the City Commission shall hold regular meetings at 7:30 p.m., on the
11 first and third Tuesdays except for June and July; and
12
13 WHEREAS, Section 2 -2.1 of the City of South Miami Code of Ordinances
14 also provides that regular meetings may be otherwise postponed, cancelled or reset
15 only by Resolution adopted by a majority of the entire membership of the City
16 Commission; and
17
18 WHEREAS, the Mayor and City Commission desire to reschedule the
19 regular meeting of July 20, 1999 to July 13, 1999 due to a conflict in schedule for
20 Vice Mayor Oliveros.
21
22 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
24
25 Section 1. The regular City Commission meeting for July 20, 1999 has
26 been rescheduled to July 13, 1999.
27
28 Section 2. This resolution shall take effect immediately upon approval.
29
30 PASSED AND ADOPTED this day of , 1999.
31
32 ATTEST: APPROVED:
33
34
35 CITY CLERK MAYOR
36
37 Commission Vote:
38 READ AND APPROVED AS TO FORM: Mayor Robaina:
39 Vice Mayor Oliveros:
40 Commissioner Feliu:
41 CITY ATTORNEY Commissioner Bethel:
42 Commissioner Russell:
Additions shown by underlining and deletions shown by everkrg.
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
T 0: Mayor and Commission DATE: June 28, 1999
FROM: Charles D. Scurr SUBJECT: Agenda Item # 9
City Manager Extension of Open Purchase Order to
Tropical Falls Landscaping Inc.
N folo
REQUEST
The attached resolution seeks the approval to extend an existing open PO for Tropical Falls
Landscaping Inc. to purchase an additional 100 Oak Trees. This vendor was chosen as one of
several landscape firms based on a competitive bid process conducted in May.
BACKGROUND & ANALYSIS
In order to start the implementation of the landscaping component of the 1997 Snapper Creek
Charette, a tree planting plan was developed this spring. Subsequently, competitive bids for a
number of shade and flowering tree species were sought. The vendor that won for the live oak
specie, Tropical Falls Landscaping Inc., was able to secure a supplier who has grown an
unusually high quality batch of oak trees. These 12 -foot specimen have a "Florida A -1" quality
rating, and are purchased and installed by demanding companies like Disney World.
The planting of 54 of these impressive trees in the Snapper Creek area last week was met with an
extremely positive response from the community. These particular batch of trees will likely not
be available by the end of the summer due to the high demand from places as far away as the
Carolinas. Furthermore, the unit price of $200 (including installation) will probably not be
available again for oak trees of this quality. In order to take advantage of the availability and
price of these trees, it is recommended that a portion of the funds paid by the Shops at Sunset
Place for additional landscaping be used as the source of funding to purchase and plant
additional 100 trees at a total cost of $20,000.
The trees will be planted in accordance with a citywide landscaping plan that will focus on the
perimeter and /or entrance features. While this plan is not yet fully developed, it is important that
the trees are reserved now for planting in two to three weeks.
Typically, tree planting are conducted during the spring and early summer period or in the fall.
However, with proper pre - planting root pruning and consistent watering during the first months
after planting, field -grown trees can "establish" properly even when planted in mid - summer.
These new trees will be planted throughout the City.
Funding for this expenditure will come from account no. 001 - 0002192530 "Escrow Account —
Shops at Sunset Place ". The remaining balance in the account will be $13,900. 00.
CONCLUSION
The high quality and low price of the live oak trees presently available from this vendor presents
an opportunity that should not be passed up. The City's goal to increase tree canopy citywide
can be substantially advanced through this purchase.
Approval is recommended.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, RELATING TO CONTRACTS,
AUTHORIZING THE EXTENSION OF OPEN
PURCHASE ORDER CONTRACT WITH TROPICAL
FALLS LANDSCAPING, INC., IN AN AMOUNT NOT
TO EXCEED $20,000.00, AND CHARGING THE
DISBURSEMENT TO ACCOUNT NO. 001- 000 -219-
2530, ENTITLED "ESCROW ACCOUNT SHOPS AT
SUNSET PLACE ".
WHEREAS, the City of South Miami previously awarded an "open purchase order"
contract to Tropical Falls Landscaping, Inc., through Resolution No. 76 -99 -10700 based upon a
competitive bid process, and;
WHEREAS, this landscaping firm has supplied the City with tree species of superior
quality, and;
WHEREAS, additional street trees are needed in order to complete the citywide
landscaping plan.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to extend the existing contract
with Tropical Falls Landscaping, Inc., for an additional $20,000.00 for the next phase in the
citywide landscaping plan.
Section 2. This resolution shall become effective immediately upon approval.
PASSED AND ADOPTED this 28th day of June 1999.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
06/25/1999 08:45 3052613791 PUBLIC (40RKS PAGE 01
i
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
TO: Mayor and Commission DATE: June 28, 1999
FROM., Charles D. Scurf SUB.TECT: Agenda item, #
City Manager Extension of Open Purchase Order to
Tropical Falls Landscaping Inc.
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The attached resolution seeks the approval to extend an existing open PO for Tropical Falls
Landscaping Inc. This vendor was chosen as one of several landscape firms based on a
competitive bid process conducted in May.
BACKGROUND
In order to start the implementation of the landscaping component of the 1997 Snapper Creek
Charette, a tree planting plan was developed this spring. Subsequently, competitive bids for a
number of shade and flowering tree species were sought. The vendor that won for the live oak
specie, Tropical Falls Landscaping Inc., was able to secure a supplier who has groom an
unusually high duality batch of oak trees. These 12 -foot specimen have a "Florida .A. -l" quality
rating, and are purchased and installed by demanding companies like Disney World.
The planting of 54 of these impressive trees in the Snapper Creek area last week was met with an
extremely positive response from the community. These particular batch of trees will likely not
be available by the end of the summer due to the high demand from places as far away as the
Carolinas. furthermore, the unit prase of $200 (including installation) will probably not be
available again for oak trees of this quality. In order to take advantage of the availability and
price of these trees, the City Administration has therefore identified a source of funding to
purchase and plant additional 50 trees at a total cost of $10,000.
0- zF1A13t.�
The trees will be planted in accordance with a citywide landscaping plan, that will focus on the
perimeter and/or entrance features. While this plan is not yet fully developed, it is important that
the 50 trees are reserved now for planting in two to three weeks.
Typically, tree planting are conducted during the spring and early summer period or in the fall.
However, with proper pre - planting root pruning and consistent watering during the. first months
after planting, field -grown trees can "establish" properly even when planted in mid- summer.
lcontinued...
e6!225r1999 e8:45 3652613791 PUBLIC WORKS PAGE 02
MAYOR AND COMMISSION JUNE 28, 1.999 PAGE TWO
Funding for this expenditure will come from account no: 001 - 0002192530 "Escrow Account •-
Shops at Sunset Place ". The remaining balance in the account will be S23,900. 00.
CONCLUSION
The high quality and tow price of the live oak trees presently available from this vendor presents
an opportunity that should not be passed up. The City's goal to increase tree canopy citywide
can be substantially advanced through this purchase.
Approval is recommended.
Attachments
REESOLUTION NO. 76-99-1070-00
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CrrY
MANAGER TO ISSUE OPEN PURCHASE ORDERS TO BOT'ANICS
WHOLE-SALE INC,, PLASENCIA NURSERIES, SYLVAN NURSERY
FARMS LLC, TROPICAL PALLS LANDSCAPING AND
MAINTENANCE INC., AND TROPICAL, TREES WORKS FOR
FURNISHING AND PLANTING VARIOUS SPECIES OF TREES FOR A
TOTAL AMOUNT OF $14,000.00 TO BE CHARGED TO ACCOUNT
NUMBER 1 -0000- 245.10 -00; "PRIOR YEAR'S ENCUMBRANCE ".
WHEREAS, as part of its centralized purchasing procedures, the City Administration
has implemented an open purchase order system to facilitate acquisition of goods and or services,
rind;
WHEREAS, plant nurseries that consistently offer competitive pricing along with a
high quality product have been identified for issuance of open purchase orders for tree planting
projects during the 1998 -99 fiscal year.
NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISSION
of the CITY OF SOUTH MIAMI, FLORIDA that
Section 1. The City Manager is hereby authorized to issue open purchase orders totaling
$14,000 from City funding and an unspecified amount to be paid by residents participating in the
Gift. Tree Program during the 1998 -1999 fiscal year to:
Approx,
no. of trees Gift Tree Program
Vendor mailable A et. Number Participants*
Botanics Wholesale Inc, 90
1- 0000 - 245.10 -00
as requested
Plasencia Nursery 30
1- 0000 - 245.10.00
as requested
Sylvan Nursery Farms LLC 300
1 -0000 - 245,10 -00
as requested
Tropical Falls Landscaping Inc. 100
1 -0000- 245:10 -00
as requested
Tropical Tree Works Inc. 10
1- 0000 - 245,10.00
as requested
* payment will be made directly to the vendor by the resident purchasing the tree(s).
Section 2, This resolution shall be effective immediately upon approval.
PASSED AND ADOPTED this 13L" day of April 1999.
ATTEST: APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM:
1'PY ATTORNEY
COMMISSION VOTE: 5 -0
Mayor Robaina: Yea
Vice Mayor Oliveros: Yea
Commissioner Feliu° Yea
Commissioner '96,,hhdl : Yea
commissioner Russell: Yea
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