Miami-Dade Legislative Item
File Number: 131841
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File Number: 131841 File Type: Resolution Status: Adopted
Version: 0 Reference: R-795-13 Control: Board of County Commissioners
File Name: OPA-LOCKA COMMUNITY REDEVELOPMENT AREA Introduced: 9/19/2013
Requester: Office of Management and Budget Cost: Final Action: 10/1/2013
Agenda Date: 10/1/2013 Agenda Item Number: 5C
Notes: X-REF W/ 131421 Title: RESOLUTION APPROVING COMMUNITY REDEVELOPMENT PLAN REGARDING CERTAIN GEOGRAPHIC AREA OF MIAMI-DADE COUNTY, FLORIDA KNOWN AS THE OPA-LOCKA CORRIDOR AND DESCRIBED AS A PORTION OF MIAMI-DADE COUNTY, FLORIDA GENERALLY BOUNDED ON THE NORTH BY NW 151ST STREET, ON THE WEST BY THE OPA-LOCKA EXECUTIVE AIRPORT, ON THE SOUTH BY THE TRI-RAIL CORRIDOR, AND ON THE EAST BY A CONSTRUCTED STORM-WATER LAKE MANAGED BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT, SUCH GEOGRAPHIC AREA BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT B; AND MAKING CERTAIN FINDINGS WITH RESPECT TO SUCH REDEVELOPMENT PLAN AND SUCH GEOGRAPHIC AREA, AND APPROVING THE INTERLOCAL AGREEMENT AMONG MIAMI-DADE COUNTY (THE ''COUNTY''), THE CITY OF OPA-LOCKA (THE ''CITY'') AND THE OPA-LOCKA COMMUNITY REDEVELOPMENT AGENCY (THE ''AGENCY'') [SEE ORIGINAL ITEM UNDER FILE NO. 131633] [SEE AGENDA ITEM 7A]
Indexes: OPA-LOCKA AREA
Sponsors: Barbara J. Jordan, Prime Sponsor
  Jean Monestime, 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 10/1/2013 5C Adopted P
REPORT: SPECIAL NOTE: The October 1, 2013, Board of County Commissioners’ Chairwoman Rebeca Sosa memorandum entitled, “Changes Sheet” noted a scrivener’s error on handwritten Page 9, Section 6 should read: “The Board approves the terms of and authorizes the County Mayor or County Mayor’s designee to execute the Interlocal Agreement between the County, City, and Agency in substantially the form attached to this resolution as Exhibit “C”, subject to the review of the County Attorney.”

Office of the Chairperson 9/30/2013 Scrivener's Errors
REPORT: On page 9, Section 6. should read: The Board approves the terms of and authorizes the County Mayor or County Mayor’s designee to execute the Interlocal Agreement between the County, City, and Agency in substantially the form attached to this resolution as Exhibit “C”, subject to the review of the County Attorney.

County Attorney 9/23/2013 Assigned Shannon D. Summerset 9/24/2013

County Attorney 9/23/2013 Assigned County Mayor
REPORT: Item returned to Agenda office

County Attorney 9/20/2013 Assigned Shannon D. Summerset 9/23/2013

County Mayor 9/19/2013 Assigned County Attorney 10/1/2013
REPORT: Amended version of 131633. Commissioner Jordan is the sponsor. The item was amended at the August 27, 2013 Finance Committee meeting. Only the memorandum and Attachment B change. Please use the resolution and other attachments from the original item. Shannon Summerset assisted with the item.

County Mayor 9/19/2013 Assigned Ed Marquez 8/19/2013 8/19/2013

Finance Committee 8/27/2013 3L AMENDED Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed resolution into the record. Chairman Bovo acknowledged Commissioner Jordan for her attendance at today’s (8/27) meeting to speak on behalf of her proposed resolution. Hearing no further questions or comments, the Committee members proceeded to vote on this proposed resolution, as presented. It was moved by Commissioner Heyman that the foregoing proposed resolution be forwarded to the Board of County Commissioners with a favorable recommendation. This motion was seconded by Commissioner Moss, and upon being put to a vote, passed by a vote of 4-0. Following the vote, Commissioner Jordan noted amendments to the foregoing proposed resolution were required. It was then moved by Commissioner Moss that the foregoing proposed resolution be reconsidered. This motion was seconded by Commissioner Heyman, and upon being put to a vote, passed by a vote of 4-0. Assistant County Attorney Shannon Summerset-Williams proceeded to read amendments to the foregoing proposed resolution into the record. Subsequently, the foregoing proposed resolution was forwarded to the Board of County Commissioners with Committee amendments on typed page 97, Section IX entitled Opa-Locka Community Redevelopment Agency Board, paragraph A as follows: 1) to add the language in the third line “one nomination shall come from each County Commissioner who’s district was within the CRA”, immediately after “…appointed by the County Commission.”; and 2) to remove the entire last sentence in the same paragraph “The Miami-Dade School Board may appoint one of its members to the Community Redevelopment Agency Board also.”

Legislative Text


TITLE
RESOLUTION APPROVING COMMUNITY REDEVELOPMENT PLAN REGARDING CERTAIN GEOGRAPHIC AREA OF MIAMI-DADE COUNTY, FLORIDA KNOWN AS THE OPA-LOCKA CORRIDOR AND DESCRIBED AS A PORTION OF MIAMI-DADE COUNTY, FLORIDA GENERALLY BOUNDED ON THE NORTH BY NW 151ST STREET, ON THE WEST BY THE OPA-LOCKA EXECUTIVE AIRPORT, ON THE SOUTH BY THE TRI-RAIL CORRIDOR, AND ON THE EAST BY A CONSTRUCTED STORM-WATER LAKE MANAGED BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT, SUCH GEOGRAPHIC AREA BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT B; AND MAKING CERTAIN FINDINGS WITH RESPECT TO SUCH REDEVELOPMENT PLAN AND SUCH GEOGRAPHIC AREA, AND APPROVING THE INTERLOCAL AGREEMENT AMONG MIAMI-DADE COUNTY (THE ''COUNTY''), THE CITY OF OPA-LOCKA (THE ''CITY'') AND THE OPA-LOCKA COMMUNITY REDEVELOPMENT AGENCY (THE ''AGENCY'').

BODY
WHEREAS, the Florida Legislature enacted the Community Redevelopment Act of 1969 during its 1969 Legislative Session, which enactment is presently codified in the Florida Statutes as Part III of Chapter 163, Florida Statutes, as amended from time to time (the “Act”); and
WHEREAS, all powers arising through the Act are conferred by the Act upon counties and Home Rule Charters, which counties in turn are authorized to delegate certain of such power to a community redevelopment agency created pursuant to the Act; and
WHEREAS, on December 4, 2012, the Board of County Commissioners of Miami-Dade County, Florida (the “Board”) held a public hearing and adopted Resolution No. R-996-12, which declared a certain geographic area of unincorporated Miami-Dade County known as the Opa-Locka Corridor, which is generally bounded on the North by NW 151st street, on the West by the Opa-locka Executive Airport, on the South by the Tri-Rail Corridor, and on the East by a constructed storm-water lake managed by the South Florida Water Management District, more particularly described in Exhibit “A”, to be a slum or blighted area, declared the rehabilitation, conservation or redevelopment, or combination of each to be necessary in the Opa-Locka area in the interest of the public health, safety, morals or welfare of the residents of the Redevelopment Area and the County and found the need for the creation of a community redevelopment agency; and
WHEREAS, the Board, pursuant to Resolution No. R-996-12 created the Opa-Locka Community Redevelopment Agency (the “Agency”), granted the Agency the power to initiate, prepare, and adopt a redevelopment plan, subject to approval by the Board; and
WHEREAS, a copy of the Plan which is attached as Exhibit “B” and incorporated in this Resolution by reference is submitted to this Board; and
WHEREAS, the Board has at this meeting conducted a public hearing with respect to the findings, conclusions and other matters set forth in this resolution; and
WHEREAS, the County is sympathetic to the needs of the Redevelopment Area to reverse the decline which has occurred in the Redevelopment Area; and
WHEREAS, the Board desires to approve the Plan for the purposes outlined in the memorandum from the County Mayor which accompanies this Resolution and is incorporated in this Resolution by reference; and
WHEREAS, the interlocal agreement Exhibit “C” outlines the redevelopment powers granted to the Agency,

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. This Board accepts the delivery of the Plan and determines that:

(a) The rehabilitation, conservation or redevelopment or a combination of each, of the Redevelopment Area is necessary in the interest of the public health, safety, morals and welfare of the residents of Miami-Dade County and in the interest of implementing the Act by rehabilitating and revitalizing the area economically and socially, thereby inhibiting the spread of disease and crime, and inter alia improving the tax base, promoting sound growth, and providing improved housing conditions.

(b) A feasible method exists for the location of families who will be displaced from the Redevelopment Area in decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families.

(c) The Plan conforms to the general plan of the County as a whole.

(d) The Plan gives due consideration to the utilization of community policing innovations, and to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety and welfare of children residing in the general vicinity of the site covered by the Plan.

(e) The Plan will afford maximum opportunity, consistent with the sound needs of the County as a whole, for the rehabilitation or redevelopment of the Redevelopment Area by private enterprise.

(f) If the Redevelopment Area consists of an area of open land to be acquired by the County to be developed in whole or in part for residential uses such as may be acquired because it is hereby determined that: (i) a shortage of housing of sound standards and design which is decent, safe, affordable to residents of low or moderate income, including the elderly, and sanitary exists in the County; (ii) the need for housing accommodations has increased in the area; (iii) the conditions of blight in the area or the shortage of decent, safe, affordable and sanitary housing cause or contribute to an increase in the spread of disease and crime or constitute a menace to the public health, safety, morals or welfare; and (iv) the acquisition of the area for residential uses is an integral part of and is essential to the program of the County.

(g) If the Redevelopment Area consists of an area of open land to be acquired by the County so as to be developed in whole or in part for non-residential uses such may be acquired because it is hereby determined that: (i) such non-residential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives; (ii) acquisition may require the exercise of governmental action as provided in the Act because of defective, or unusual conditions of, title or diversity of ownership which prevents the free alienability of such land; tax delinquency; improper subdivisions; outmoded street patterns; deterioration of site; economic disuse; unsuitable topography or faulty lot layouts; lack of correlation of the area with other areas of the County by streets and modern traffic requirements; or any combination of such factors or other conditions which retard redevelopment of the area; and (iii) conditions of blight i n the area contribute to an increase in and spread of disease and crime or constitute a menace to public health, safety, morals or welfare.

Section 3. This Board further finds and determines that: (a) the Plan is sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements and rehabilitation as may be proposed to be carried out in the Redevelopment Area, zoning and planning changes, if any, land uses, maximum densities and building requirements; (b) the Plan provides for the development of affordable housing in the area, or states the reasons for not addressing in the Plan the development of affordable housing in the area; (c) the Plan conforms with the Act; and (d) the Plan is necessary in the interest of the public health, safety, morals and welfare of the residents of the County and will effectuate the purposes of the Act by revitalizing the Redevelopment Area economically and socially, thereby increasing the tax base, promoting sound growth, improving housing conditions and eliminating the conditions which the Florida Legislature in the Act found constituted a menace which was injurious to the public health, safety, welfare and morals of the residents.

Section 4. This Board, after having conducted a public hearing on the matter for the purpose of giving all interested parties an opportunity to express their views, notice of which public hearing was published on August 11, 2013, in The Miami Herald, a true copy of which notice is attached as Exhibit “D” and made a part of this Resolution, and having made the findings expressed above, approves and adopts the Plan for the Redevelopment Area in accordance with the Act. The Plan is designated as the official redevelopment plan for the Redevelopment Area and it is the purpose and intent of the Board that the Plan, as the same may be amended and supplemented by the Board, be implemented in the Redevelopment Area.

Section 5. The life of Opa-Locka Community Redevelopment Area is hereby approved for twenty years.

Section 6. The Board approves the terms of and authorizes the County Mayor or County Mayor's designee to execute the Interlocal Agreement between the County, City, and Agency in substantially the form attached to this resolution as Exhibit “C”, subject to the review of the County Attorney.

HEADER
Date:

To: Honorable Chairwoman Rebeca Sosa
and Members, Board of County Commissioners
From: Carlos A. Gimenez
Mayor
Subject: Resolution Approving the Redevelopment Plan and Interlocal Agreement for the Opa-Locka Community Redevelopment Area
This Item was amended on August 27, 2013 by the Finance Committee to modify Section IX of the Interlocal Agreement. The amendment specifies that members of the Agency occupying the two general public seats appointed by the County Commission will be nominated by the district County Commissioners whose districts are within the Area, and removes the Miami-Dade School Board appointment to the Agency.

STAFF RECOMMENDATION
Recommendation
The attached resolution, if approved, would adopt the following:
* The Opa-Locka Community Redevelopment Plan (Plan) pursuant to Chapter 163, Part III, Florida State Statutes (Act) (see Attachment A); and
* The Interlocal Agreement[MM1] by and among Miami-Dade County (County), the City of Opa-Locka (City), and the Opa-Locka Community Redevelopment Agency (Agency) for the Agency to undertake redevelopment of the Opa-Locka Community Redevelopment Area (Area) (see Attachment B).

This resolution is part of a series of legislative items necessary to complete the creation of a community redevelopment area. Through separate action of the Board, an ordinance on this same agenda, establishes a Trust Fund in order for the County and City to deposit the funds necessary to accomplish the projects in the Plan. The Plan adopted by the Agency makes reference to a 40 year time frame. [FJ(2]Should the Board create the Trust Fund for the 20 year period, the Plan must be amended to coincide with the 20 year time period for redevelopment. The Plan must also be amended to include the revised legal description as provided by the City (Attachment C). [MM3]

Scope of Agenda Item
The proposed Area encompasses approximately 514 acres of land in the City of Opa-Locka. The Area is entirely within County Commission District 1, which is represented by Commissioner Barbara J. Jordan.

Fiscal Impact / Funding Source
A community redevelopment agency’s primary revenue source is the incremental growth of ad valorem revenues beyond an established base year, tax increment financing (TIF), as defined in Section 163.387 of the Florida State Statutes. As provided in the Finding of Necessity approved by the Board on December 4, 2012, should this area become an Agency, the countywide and municipal revenues will be deposited into the Trust Fund and be used within to fund projects intended to eradicate the slum and blight in the community.

The proposed Area lies within the City, the County will contribute countywide TIF revenues through the life of the Agency. State Statute requires that the taxing authorities, in this case countywide, contribute from 50 to 95 percent into the Agency’s Trust Fund once created. The amount of TIF to be deposited in the Trust Fund can be determined at the point when the Trust Fund is created. In the case of the proposed Opa-Locka Agency, the amount of tax increment contributed to the Trust Fund from both countywide and municipal revenue is 95 percent. The Agency will be created for an initial period of 20 years and may be extended by the Board for a period not to exceed a total of 40 years, if warranted.

Based on conservative estimates and a contribution of 95 percent of the increment, it is projected that the 20 years of TIF revenues will total $1,969,300 ($657,991 from the County and $1,311,309 from the City), based on an annual growth rate in taxable values of four percent. The duration of the County’s obligation to contribute TIF revenues as proposed by the Trust Fund ordinance is set at 20 years, but can be extended by the Board if it subsequently approves extensions to the life of the Agency, of up to 40 years in total. The Board may also extend the life of the Agency by approving a financing instrument that requires an extension of life in order to satisfy debt service requirements.

MANAGER'S BACKGROUND
Background
In 1969, the Florida Legislature enacted the Community Redevelopment Act of 1969, as it is presently contained in Part III of Chapter 163, Florida Statutes, as amended. The Act authorizes counties and municipalities in the State of Florida to create community redevelopment agencies, to prepare redevelopment plans for certain defined areas within their boundaries designed as community redevelopment areas, within which community redevelopment projects may be undertaken to eliminate and prevent the development and spread of slum and blighted areas through the use of creative financing mechanisms. Pursuant to the Act, the Board is the governing body over all community redevelopment agencies in the County, but the Board can delegate redevelopment powers at its discretion, after a finding has been made determining that slum or blight exists within a defined area.

On February 20, 2012, the City submitted a Finding of Necessity (City Resolution No. R-10-8043) to the County Mayor and requested that the Board consider approving the Finding of Necessity. The study examined conditions in the proposed Area and concluded that slum and blight, as defined in the Act, exist within the Area. On December 4, 2012, the Board held a public hearing and adopted Resolution R-996-12, approving the Finding of Necessity for the area, and delegating certain redevelopment powers to the City to create the Agency and prepare the Plan.

The Plan identifies four redevelopment districts (Magnolia North, Magnolia Gardens, City Center and Opa-Locka and LeJeune Commerce Centers) within the Area, with distinct objectives for each district. The Plan includes, but is not limited to the following:
1) Infill and replacement housing programs to include the attraction of private developers, owner-occupied home rehabilitations, replacement of sub-standard housing, promotion of mixed use and Transit Oriented Development projects;
2) Economic development programs to attract large tenants to industrial area, construct new retail/office facilities, attract and assist in the creation of Transit Oriented Developments;
3) Road improvements to address congestion along NW 79 Street, NW 27 Avenue, NW 22 Avenue, NW 17 Avenue and NW 12 Avenue;
4) Right-of-way and streetscape improvements along all major roads;
5) Infrastructure and utility improvements to support new development; and
6) Community policing to include police officers, crime prevention officers, and code enforcement officers. [FJ(4]

Interlocal Agreement
Resulting from Miami-Dade County’s Home Rule Charter, unlike other counties, the governing body of the Agency is the Board of County Commissioners. The Board delegates the redevelopment powers to the Agency through an Interlocal Agreement. The Agency’s Commissioners cannot exercise redevelopment powers over the project area until the Board, pursuant to Sections 163.357 and 163.410, Florida Statutes, delegates the exercise of those powers to the Agency. When the Board adopted Resolution R-996-12, approving the Finding of Necessity for the area, it delegating the power to create the Agency with the sole power to prepare and adopt the Plan and submit it to the Board for approval.[MM5] The terms and conditions of such delegation are formalized through the attached Interlocal Agreement.[MM6] [FJ(7]Some basic terms set forth in the Interlocal Agreement are as follows:
> Caps administrative expenses at 20 percent with the exception of the first seven years that the Agency cannot spend more than $200,000 per year.
> Requires prior approval by the Board for amendments to the Redevelopment Plan.
> Requires approval by the Board for indebtedness, including bond financing. It shall be a priority of the Agency to reduce that debt as quickly as possible.
> Allows for one or more members of the Board to be appointed to serve on the Agency’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 Agency until the annual budget has been approved by the Board.
> Requires an annual independent audit by a Certified Public Accountant.

Except for those community redevelopment powers that remain with the Board, the Agency 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 Agency may also purchase real property in the redevelopment area and hold, improve, or clear that property.

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

On December 7, 2012 the Tax Increment and Financing Committee considered the Opa-Locka Agency’s Plan and recommended approval of the item.[MM8]
[FJ(9]

______________________________________
Edward Marquez
Deputy Mayor


Attachment A – Opa-Locka Redevelopment Plan
Attachment B – Interlocal Agreement
Attachment C – Revised Legal Description

Mayor09613



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