Miami-Dade Legislative Item
File Number: 120002
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File Number: 120002 File Type: Resolution Status: Adopted
Version: 0 Reference: R-95-12 Control: Board of County Commissioners
File Name: INTERLOCAL AGREEMENT BTWN MDC AND 79TH STREET CRA Introduced: 1/3/2012
Requester: Office of Management and Budget Cost: Final Action: 1/26/2012
Agenda Date: 1/24/2012 Agenda Item Number: 8G4
Notes: TLL-1/3/2012 Title: RESOLUTION APPROVING INTERLOCAL COOPERATION AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE NW 79TH STREET CORRIDOR COMMUNITY REDEVELOPMENT AGENCY; AND AUTHORIZING COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXECUTE SAID AGREEMENT [SEE ORIGINAL ITEM UNDER FILE NO. 112493]
Indexes: COMMUNITY REDEVELOPMENT AGENCY
Sponsors: Jean Monestime, Prime Sponsor
  Audrey M. Edmonson, Co-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 1/26/2012 8G4 Adopted P
REPORT: Chairman Martinez questioned whether this Interlocal Cooperation Agreement included the changes that were discussed at the workshop. Assistant County Attorney Terrence Smith advised that those changes were included in this proposed resolution. Hearing no other questions or comments, the Commission members proceeded to vote on the foregoing proposed resolution, as presented.

Board of County Commissioners 1/24/2012 8G4 Carried over 1/26/2012

Commission Auditor 1/11/2012 Legislative notes attached 1/24/2012

County Attorney 1/9/2012 Assigned Terrence A. Smith 1/10/2012

County Mayor 1/3/2012 Assigned County Attorney 1/24/2012
REPORT: OMB (AMEND TO LEG# 112493)(BCC Sponsor: Cmsr Monestime) (Amendments in Mayor's Memo and attachments)

County Mayor 1/3/2012 Assigned Ed Marquez 1/3/2012 1/3/2012

Internal Mgmt. & Fiscal Responsibility Committee 12/13/2011 3M AMENDED Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed resolution into the record. Assistant County Attorney Terrence Smith requested that the foregoing resolution be amended to include a signed version of the Community Redevelopment Agency’s (CRA) resolution on handwritten pages 8 and 9. In response to Chairwoman Bell’s request that performance measurements be included in the CRA’s Progress Reports, Mr. Jorge Fernandez, Office of Management and Budget, advised that language requesting those measures was included in the proposed Interlocal Cooperative Agreement. There being no further questions or comments, the Committee proceeded to vote. The Committee forwarded the foregoing proposed resolution to the Board of County Commissioners with a favorable recommendation with Committee amendment(s) to replace the unsigned version of the CRA’s resolution, on handwritten pages 8 and 9, with a signed resolution.

Legislative Text


TITLE
RESOLUTION APPROVING INTERLOCAL COOPERATION AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE NW 79TH STREET CORRIDOR COMMUNITY REDEVELOPMENT AGENCY; AND AUTHORIZING COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXECUTE SAID AGREEMENT

BODY
WHEREAS, the Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference; and

WHEREAS, the Florida legislature enacted the Community Redevelopment Act of 1969 during its 1969 Legislative Session, 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 by the Act upon counties with home rule charters and authorizes said counties to delegate certain of such powers to a community redevelopment agency created pursuant to the Act; and

WHEREAS, on May 05, 2009 the Miami-Dade Board of County Commissioners (the ”Board”) adopted Resolution No. R-566-09, which declared a certain geographic area of the County known as NW 79th Street Corridor (“Redevelopment Area”) to be a slum or blighted area, declared the rehabilitation, conservation or redevelopment, or combination thereof to be necessary in the interest of the public heath, safety, morals or welfare of the residents of the Redevelopment Area and the County; and

WHEREAS, the Board, based on the foregoing findings, found that the was a need for the creation of a community redevelopment agency known as the N.W. 79th Street Corridor Community Redevelopment Agency (“CRA”)within the Redevelopment Area; and

WHEREAS, pursuant to Resolution No. R-604-11 adopted by the Board on July 19, 2011, the County, among other things, approved and adopted the NW 79th Street Corridor Community Redevelopment Plan (the “Plan) to enable the CRA to undertake redevelopment of the Redevelopment Area: and

WHEREAS, the Board also enacted Ordinance No. 11-52, which approved the creation of a community redevelopment trust fund, known as the NW 79th Street Community Redevelopment Trust Fund (the “Fund”) and further provided for the calculation and appropriation of tax increment funds into such Fund; and

WHEREAS, this Board on July 19, 2011 adopted Ordinance No. 11-55, establishing and appointing the members of the Board of Commissioners of the CRA; and

WHEREAS, the Board wishes to confer specific redevelopment powers on the CRA,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:

Section 1. The matters contained in the foregoing recitals are incorporated in this resolution by reference.

Section 2. The Board hereby approves the Interlocal Cooperation Agreement between the County and the CRA in substantially the form attached hereto as Exhibit “A” and incorporated herein by this reference; authorizes the County Mayor or County Mayor’s designee to execute the Interlocal Agreement, and authorizes the County Mayor or County Mayor’s designee to take any action required of the County herein and exercise any renewal or cancellation provisions therein.

HEADER
Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Interlocal Agreement between Miami-Dade County and the NW 79th Street Corridor Community Redevelopment Agency



This item was amended at the December 13, 2011 meeting of the Internal Management and Fiscal Responsibility Committee to substitute the unsigned pages of the CRA’s resolution approving the Interlocal Agreement between the County and the CRA with the executed resolution signed by the CRA Chairperson.

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (BCC) approve the attached Interlocal Cooperation Agreement (Interlocal Agreement) between Miami-Dade County and the NW 79th Street Corridor Community Redevelopment Agency (CRA), which establishes the terms and conditions for the implementation of the NW 79th Street Corridor Community Redevelopment Area (Area). This agreement is necessary for the CRA to proceed with the redevelopment of the Area.

Scope of Agenda Item
The adoption of this resolution would have a direct impact on Commission District 2. The Interlocal Agreement establishes the terms and conditions for activities funded in whole or in part with tax increment financing (TIF) funds within the NW 79th Street Corridor CRA area.

Fiscal Impact / Funding Source
Approval of this Interlocal Agreement does not create an additional fiscal impact to the County as it only delegates certain powers to the CRA’s Board of Commissioners for the implementation of the Redevelopment Plan.

Track Record / Monitor
The terms of the Interlocal Agreement will be monitored by the Office of Management and Budget.

MANAGER'S BACKGROUND
Background
On May 05, 2009, the BCC adopted Resolution R-566-09, which declared the 79th Street area as slum or blighted and further declared the rebuilding, rehabilitation, conservation and redevelopment of the Area as necessary to eradicate slum and blight. On July 19, 2011 the Board adopted the CRA’s Redevelopment Plan through Resolution R-604-11, established a Trust Fund for the NW 79th Street Corridor Area through Ordinance No. 11-55 and established the CRA board through Ordinance No. 11-55.

The CRA’s Board of Commissioners cannot exercise redevelopment powers over the project area until the BCC, pursuant to Sections 163.357 and 163.410, Florida Statutes, delegates the exercise of those powers to the CRA. The terms and conditions of such delegation are formalized through the attached Interlocal Agreement.

On October 03, 2011, the CRA approved the Interlocal Agreement, subject to the approval of the BCC. A copy of the CRA’s resolution is attached. The Interlocal Agreement delegates all redevelopment powers with the exception of the powers that continue to be vested in the BCC and cannot be delegated, pursuant to Section 163.358, Florida Statutes. Some basic terms set forth in the Interlocal Agreement are as follows:

> Caps administrative expenses at 20 percent.
> Authorizes the County to advance funds totaling $118,509, of which $28,750 is for the County to prepare and adopt the finding of necessity; $60,200 for the preparation, approval, and adoption of the Redevelopment Plan; and $30,000 for staff’s time in the preparation of the finding, plan, and agenda items. All advanced funds are to be reimbursed by the CRA.
> Authorizes an annual reimbursement to the County for funds used towards extraordinary staff functions and for payment of legal, advertising, publication, and consulting expenses.
> Requires prior approval by the BCC for amendments to the Redevelopment Plan
> Requires approval by the BCC for indebtedness, including bond financing. The CRA may issue bonds using ad valorem revenue as collateral only after approval of the bonds by the BCC. It shall be a priority of the CRA to reduce that debt as quickly as possible.
> Allows for one or more members of the BCC to be appointed to serve on the CRA’s Board of Commissioners.
> Requires that annual budgets and progress reports be submitted to the County. With the exception of the debt service payment on current bond obligations financed by TIF revenues, no funds on deposit in the Trust Fund may be expended by the CRA until the annual budget has been approved by the BCC.
> Requires County staff to be utilized to assist in the preparation of TIF financing plans. Requires community involvement and citizen input in the planning of redevelopment activities.
> Requires an annual independent audit by a Certified Public Accounting.

Except for those community redevelopment powers that remain with the Board, the CRA shall have the sole right and responsibility to disseminate information related to the Plan, accept grants and other financial assistance from the federal government, solicit requests for proposals and execute contracts. The CRA may also purchase real property in the redevelopment area and hold, improve, or clear that property.




_______________________________________
Deputy Mayor



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