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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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 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 43 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. 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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. 32 33 Section 2 This resolution shall take effect immediately 34 upon approval. 35 , 36 PASSED AND ADOPTED this day of 1999.. 37 38 39 ATTEST: APPROVED: 40 4] 42 CITY CLERK MAYOR 43 44 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. Attachments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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. ��nn,'" ^.. v` �",nnr"V✓v"�"�'✓w'�✓Zniw^",rw�` ^✓ v- Ynn���. n. �rnrrev�v` rvv�, Ti- rn:' v!. rn. �. nr;+ n. �. �+ r..^- rrv�, r.. �r,. v. �'✓ v✓vv- .�',r�+v�.- v:- vv...r„, .: ,:'' .W W�/'.MJ11\Na:'Wi.r.+ ^�n/Wti'�M 1A/' JV�iWVW�/"•/ �.' �.. �" M�/. N'wM /+/V`�V'�J'iN+."✓�F.✓� %' ✓.. � :..... 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 Zia a 8t,29£9999^z IW01W HInO8 �L1 A120 W" 2-2: T I ICI -O