Miami-Dade Legislative Item
File Number: 093042
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File Number: 093042 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1382-09 Control: Board of County Commissioners
File Name: REVIEW AND NEGOTIATE AMENDMENTS TO INTERLOCAL AGREEMENTS Introduced: 11/13/2009
Requester: NONE Cost: Final Action: 12/1/2009
Agenda Date: 12/1/2009 Agenda Item Number: 11A2
Notes: Title: RESOLUTION DIRECTING THE MAYOR OR THE MAYOR’S DESIGNEE TO NEGOTIATE AMENDMENTS TO INTERLOCAL AGREEMENTS WITH EACH TAXING AUTHORITY AND/OR CRA TO ENSURE THAT THE BOARD HAS REPRESENTATION ON THE BOARD OF COMMISSIONERS OF EACH CRA; ESTABLISHING POLICY REQUIRING COUNTY COMMISSIONERS TO SERVE ON NEWLY CREATED CRAS; AND DIRECTING THE MAYOR OR MAYOR’S DESIGNEE TO SUBMIT A REPORT TO THE BOARD PROVIDING RECOMMENDATIONS CONCERNING ANY ADDITIONAL ACTIONS THAT MAY BE REQUIRED TO EFFECTUATE THIS RESOLUTION [SEE ORIGINAL ITEM UNDER FILE NO. 092375]
Indexes: COMMUNITY REDEVELOPMENT AGENCY
  INTERLOCAL AGREEMENT
Sponsors: Audrey M. Edmonson, Prime Sponsor
  Carlos A. Gimenez, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 12/1/2009 11A2 Adopted P

County Attorney 11/13/2009 Assigned Terrence A. Smith 11/13/2009

Housing & Community Development Committee 11/10/2009 2A AMENDED Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Cynthia Johnson-Stacks read the foregoing resolution into the record. Chairwoman Edmonson relinquished the chair to Vice-Chairwoman Jordan. Assistant County Attorney Terrence Smith read into the record a proposed amendment to the foregoing resolution. The Committee forwarded the foregoing proposed ordinance to the BCC with a favorable recommendation with committee amendment(s) to delete the language "...one or more of County Commissioners to serve..." and replace it with the language "...one County Commissioner to serve..." in the sixth WHEREAS clause and in Section 2.

Legislative Text


TITLE
RESOLUTION DIRECTING THE MAYOR OR THE MAYOR’S DESIGNEE TO NEGOTIATE AMENDMENTS TO INTERLOCAL AGREEMENTS WITH EACH TAXING AUTHORITY AND/OR CRA TO ENSURE THAT THE BOARD HAS REPRESENTATION ON THE BOARD OF COMMISSIONERS OF EACH CRA; ESTABLISHING POLICY REQUIRING COUNTY COMMISSIONERS TO SERVE ON NEWLY CREATED CRAS; AND DIRECTING THE MAYOR OR MAYOR’S DESIGNEE TO SUBMIT A REPORT TO THE BOARD PROVIDING RECOMMENDATIONS CONCERNING ANY ADDITIONAL ACTIONS THAT MAY BE REQUIRED TO EFFECTUATE THIS RESOLUTION

BODY
WHEREAS, the Florida Legislature enacted the Community Redevelopment Act of 1969, which is presently codified in the Florida Statutes as Part III of Chapter 163, Sections 163.330 through 163.450, as amended from time to time (the "Act"); and
WHEREAS, all powers arising through the Act are conferred upon counties and municipalities, which in turn are authorized to delegate certain of such powers to a community redevelopment agency (“CRA”) created pursuant to the Act; and
WHEREAS, section 163.356(2) of the Florida Statutes requires that after the governing body adopts a resolution declaring the need for a CRA, the governing body, by ordinance, shall appoint the board of commissioners of the CRA; and
WHEREAS, the Florida Statutes further states “[a]s provided in an interlocal agreement between the governing body that created the agency and one or more taxing authorities, one or more members of the board of commissioners of the agency may be representatives of a taxing authority, including members of that taxing authority’s governing body, whose membership on the board of commissioners of the agency would be considered an additional duty of office as a member of the taxing authority governing body”; and
WHEREAS, there are currently three (3) CRAs in the Unincorporated Municipal Services Area (“UMSA”) and nine (9) CRAS located within municipalities; and
WHEREAS, this Board desires to have one [[or more]]1 County Commissioner to serve as board of commissioners on each of these CRAs and any newly created CRA; and
WHEREAS, this Board believes that by becoming members of these CRAs the County’s interests will be represented,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board
Section 1. Directs the Mayor or the Mayor’s designee to negotiate amendments to the interlocal agreements with each taxing authority and/or CRA to provide for the appointment of one County Commissioner to the board of commissioners of each CRA.  Such agreements shall be negotiated to provide for the County Commissioner in whose district the CRA is located to serve on the board of commissioners, or at the option of such County Commissioner as communicated to the Clerk of the Board of County Commissioners by written memorandum, the Board of County Commissioners shall appoint another County Commissioner other than the County Commissioner of the district to serve on the board of commissioners.
Section 2. Establishes as a policy of this Board that as a condition for the creation of a new CRA that one [[or more]] County Commissioner shall be appointed to each CRA’s board of commissioners within Miami-Dade County.
Section 3. Directs the Mayor or the Mayor’s designee to submit a report to the Board within sixty (60) days of the effective date of this resolution that provides (a) the status of negotiations undertaken pursuant to this resolution and (b) recommendations of any additional actions that this Board or the governing body which created the CRA, if such governing body is not the County, may need to take to effectuate this resolution, including the adoption of any ordinances by this Board or other governing body.

1 Committee amendments are indicated as follows: words stricken through and/or [[double bracketed]] shall be deleted, words underscored and/or >>double arrowed<< constitute the amendment proposed.



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