93-2836 Ordinance b
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ORDINANCE NO. 93-2836
AN ORDIBMACS of THE
KAYOR AND CITY COM[TSBION OF TER
CITY OF MIAKI BEACH
REGARDING THE ESTABLISMUM OF A
TRUST FUND FOR THE "CITY CENTER/
HISTORIC CONVENTION VILLAGR REDEVELOP KENT
AND REVITALISATION ARIA"
WMMEAS, the Legislature of Florida enacted the Community
Redevelopment Pict of 1969 during the legislative session held
during 1969, which enactment is presently codified in the Statutes
of Florida as Part III of Chapter 163, Florida Statutes, also known
as Sections 163.330 through 163.450, Florida Statutes; and
WBEZtBAB, all powers arising through the aforesaid enactment
are conferred by that enactment upon counties with home rule
charters, which counties in turn are authorized to delegate such
powers to municipalities which wish to undertake redevelopment
projects within their respective municipal boundaries; and
NHEREAS, by Resolution No. R-14-93 of the Board of County
Commissioners of Dade County adopted on January 26, "1993 (the
"County Resolution") , the County Commission declared the
Redevelopment Area (defined in the Cc„rty R-Pao'lutzonl to be a
blighted area and determined that it is necessary to redevelop said
Redevelopment Area and establish a community redevelopment agency
to redevelop such area, all in accordance with Part III, Chapter
163, Florida Statutes, and the County Commission delegated certain
•powers conferred upon the County Commission as the governing body
of Dade County by Part III of Chapter 163, Florida Statutes, with
regard to the Redevelopment Area, so that the City Commission,
either directly or through its duly designated community
redevelopment agency, may proceed to exercise such powers; and
WHZREAS, by the County Resolution, the County Commission
determin.ad that the rehabilitation, conservation, or redevelopment,
or combination thereof, of such Redevelopment Area is necessary in
the interest of the public health, safety, morals, or welfare of
the residents of Dade County within such geographic area; and
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WHEREAS, by Resolution No. 93-20709 of the City Commission
adopted on February 3, 1993 (the "City Resolution") , a copy of
which is on file with the City Clerk, the city Commission declared
the Redevelopment Area to be a "blighted area"; made a finding of
necessity as to the rehabilitation, conservation or redevelopment,
or combination thereof, of such area; accepted a delegation of
certain powers from Dade County to the City of Miami Beach pursuant
to Chapter 163, Part III of Florida statutes; declared the need to
establish a community redevelopment agency, and declared the
members of the City Commission as the members of the community
redevelopment agency; declared that the existing Miami Beach
Redevelopment Agency may act as the community redevelopment agency
with full power to exercise all the powers permitted by Part III of
Chapter 163, Florida Statutes, which were delegated by Dade County
to the City Commission; directed the initiation, preparation and ,
adoption of a redevelopment plan and any amendments thereto by the
community redevelopment agency; all for the Redevelopment Area; and
wxEREAS. the Miami Beach Redevelopment Agency (the "Agency")
on February 3, 1993 by Resolution No. 126-93 accepted the findings
and delegations referenced in the City Resolution, including,
without limitation, the determination that the aforementioned
Redevelopment. Area known as the City Center/Historic Convention
Village Redevelopment and Revitalization Area is a "blighted area",
and the finding that the .rehabilitation, conservation, or
redevelopment, or combination thereof, of such Redevelopment Area
is necessary in the interest of the public health, safety, morals,
or welfare of the residents of Dade County within such
Redevelopment Area; and
WHERE, on February 3, 1993 the Agency by resolution also
accepted the declaration of the Miami Beach City Commission that
the Agency may act as the community redevelopment agency for the
City Commission with respect to the Redevelopment. Area; and
WHEREAS# the Agency has caused there to be prepared a
redevelopment plan which was submitted to the Planning Board of the
City of Miami Beach as the local planning agency of the City of
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Miami Beach for review and recommendations as to conformity with j
the comprehensive plan; and
1HRRBAB, the Planning Board of the City of Miami Beach as the
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local planning agency of the City of Miami Beach by resolution on
February 5, 1993 reviewed said redevelopment plan (a copy of which i
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is appended to this Ordinance as "Exhibit A", and which is
hereinafter sometimes referred to as the "Redevelopment Plan" or
"Plan") and held a public hearing with respect thereto, and further
said Planning Board of the City of Miami Beach as the local
planning agency found,. by Resolution No, 93-1, said Plan in
conformity with the comprehensive plan for the City of. Miami Reach;
and
WMMMM, the Agency by Resolution No. 128-93 on February 12,
1993 recommended the Plan for approval by the City commission of
the city of Miami Beach, after making certain findings contained in
said Agency resolution; and
WHEREAS, the City commission by Resolution No. 93-20721 on
February 12, 1993 approved and adopted the Plan and directed the
implementation of the Plan; and
WH RAB, Section 163 .387, Florida Statutes, provides that
there shall be established for each community redevelopment agency
such as the Agency, a redevelopment trust fund; and
WHE1tMW, a redevelopment trust fund is critical for the
implementation of the Plan as it will enable the redevelopment
contemplated by the Plan to be financed; and
WEERMW, the projects envisioned by the Plan will ultimately
involve the expenditure of millions of dollars, which will be
financed in part through revenue bonds to be issued by the City of
Miami Beach; and
WHEREAS, the City of Miami Beach desires to increase the
viability of the Plan by establishing a redevelopment trust fund
and funding it with annual tax increments all as provided in
Section 163.387, Florida Statutes; and
WHEREAS, the City Clerk has published a public notice of a
public hearing with respect to the fact that at this meeting the
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City Commission would hold the first reading of an ordinance
regarding the following: (i.) adoption of a trust fund ordinance by
the city of Miami Beach regarding the e1CIty Center/Historic
Convention Village Redevelopment and Revitalization Area" pursuant
to Chapter 163, Part III, Florida Statutes, for the Redevelopment
Area, (ii) directing staff to take such actions as are necessary
and appropriate for the establishment and implementation of such
trust fund ordinance, and (iii) providing for severability and
providing and effective date; and
WHEREAS, the City Commission has at this meeting conducted a
public hearing with respect to.such first reading and other matters
set forth hereinabove and hereinbelow.
ROW, T$BRZroR5, BE IT ORDAINED BY THE MAYOR AND COXXIBEIOW OF
THE CITY OF MXAMI BEACH, FLORIDA:
Section 1. There shall be and is hereby established for
the Agency a redevelopment trust fund (the "Fund") as defined in
Section 163.387, Florida Statutes. Funds shall be allocated to and
deposited into this Fund in the manner specified in section
163. 387, Florida Statutes and such funds shall be used by the
Agency to finance or refinance any community redevelopment it
undertakes pursuant to the Plan.
Section 2 . The Fund shall be funded for the duration of
the Plan.
Section 3. The annual funding of the Fund shall be in an
amount not less than that increment in the income, proceeds,
revenues, and funds of each Taxing Authority (as defined in Chapter
163 , Part III, Florida statutes, as of the date of effectiveness of
this ordinance) derived from or held in connection with the
undertaking and carrying out of community redevelopment under
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Chapter 163 Part III Florida Statutes. Such increments shall be
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determined annually and shall be that amount equal to 95 percent of
the difference between:
(a) The amount of ad valorem taxes levied each year by
each Taxing Authority, exclusive of any amount from any debt
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service millage, on taxable real property contained within the
geographic boundaries of the Redevelopment Area; and
(b) The amount of ad valorem taxes which would have been
produced by the rate upon which the tax is levied each year by or
. for each Taxing Authority, exclusive of any debt service millage,
upon the total of the assessed value of the taxable real property
in the Redevelopment Area as shown upon the most recent assessment
roll used in connection with the taxation of such property by each
Taxing Authority prior to the effective date of this ordinance.
Section .4. Except for the purpose of funding the Fund
pursuant to Section S of this ordinance, upon the adoption of this
ordinance as herein provided, each Taxing Authority shall,. by
January 1 of each year, appropriate to the Fund for so long as any
indebtedness pledging increment revenues to the payment thereof is
outstanding (but not to exceed 30 years) a sum which is no less
than the increment as defined and determined in subsection (1) of
Section 163.387, Florida Statutes (as in effect on the effective
date of this ordinance) , accruing to such Taxing Authority. if the
Plan is amended or modified pursuant to Section 163.361(1) , Florida
Statutes, each such Taxing Authority shall make such annual
appropriation for a period not to exceed 30 years after the date
the Plan is amended. No Taxing Authority, including the City of
Miami Beach, is exempt from the provisions of this Section 4.
Sectfo�n Notwithstanding the provisions Section 4, the
obligations of the governing body which established the Agency to
fund the Fund annually shall continue until all loans, advances,
and indebtedness, if any, and interest thereon, of the Agency
incurred as a result of redevelopment in the Redevelopment Area
have been paid.
Section Any Taxing Authority which does not pay the
increment to the Fund by January 1 shall pay to the Fund an amount
equal to 5 percent of the amount of the increment and shall pay
interest on the amount of the increment equal to 1 percent for each
month the increment is outstanding.
QIGORT 1743AOm1�AI1Ptt�®01.2?C
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,Section_._ This ordinance being for a public purpose and
for the welfare of the citizens. of the city of Miami Beach,
Florida, shall be liberally construed to effectuate the purposes
thereof*
Section H. If any section, subsection, sentence, clause or
provision of this ordinance is held invalid, the remainder of this
ordinance shall not be affected by such invalidity.
section 9. The City Commission hereby and herewith directs
the staf f of the City of Miami Beach to take such actions as are
necessary and appropriate for the establishment and implementation
of this ordinance. It is the intention of the City Commissioners,
and it is hereby ordained that the provisions of this ordinance
shall become and be made a part of the municipal code. The
sections of this ordinance may be I renumbered or relettered to
accomplish such intention, and the word "ordinance's may be changed
to "section", "article", or other appropriate word.
Section 10, This ordinance shall be effactive and shall be
adopted upon the later to occur of the following: (i) ten (10)
days after the date of its second reading, or (ii) the approval of
the Plan by the Board of county commissioners of Dade County,
Florida.
Passed this._ 24th day of F nary , 1 93.
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Attest: °
C ty Clerk
1st reading 2/12/93
2nd reading 2/24/93
FORM APPROVED
LEGAL DEPT.
By j �D
Date
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. -
TO: Mayor Seymour Gelber and DATE: February 24, 1993
Members of the City Commission
FROM: Roger M. Carlt
City Manager
SUBJECT: ADOPTION OF A TRUST FUND ORDINANCE OF THE CITY OF MIAMI
BEACH - REGARDING THE 11CITY CENTER/HISTORIC. CONVENTION
VILLAGE. REDEVELOPMENT AND REVITALISATION AREA$@ PURSUANT
TO CHAPTER 163, PART III, FLORIDA STATUTES FOR A CERTAIN.
GEOGRAPHIC AREA WITHIN THE .CITY OF MIAMI BEACH, CALLED
THE CITY CENTER/HISTORIC CONVENTION VILLAGE REDEVELOPMENT
AND REVITALISATION AREA, DESCRIBED GENERALLY AS' BEING
BOUNDED ON THE EAST BY THE ATLANTIC OCEAN, ON THE NORTH
BY 24TH STREET, ON THE WEST BY WEST AVENIIE, AND ON THE
SOUTH BY 14TH LANE; DIRECTING STAFF TO TAKE SUCH ACTIONS
AS ARE NECESSARY AND APPROPRIATE FOR THE ESTABLISHMENT
AND IMPLEMENTATION OF SUCH TRUST FUND ORDINANCE;
PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION:' .
The Administration recommends that the ::it Commission adopt the
the trust. .fund for the City
trust fund ordnance establishing Y
Center/Historic.Convention Village Redevelopment-and Revitalization
Area pursuant to Section 1631 Part III; Florida Statutes.
BACKGROUND:
On Friday, February 12, 1993, at a special .meeting, of the City
Commission of the City of Miami Beach, the attached ordinance,
which calls for the ' creation of . a trust . fund for the City
Center/Historic Convention village Redevelopment and Revitalization
Area,. passed its first. reading. In accordance with Section' - 9 of
the City Charter of the City of Miami Beach, Florida, the ordinance
is being submitted for its second and final reading.
Upon passage of this ordinance, approval of the Board of County
Commissioners will be sought on March 16, 1993.
CONCLUSION
The City Commission should -approve the Ordinance to set up the
trust fund.
RMC/]Ph
Attachment
. 2
-1- AGENDA
ITEM
DATE
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. h, EXHIBIT A_ (SEE 2/12/93 FOR ORIGINAL)
DEC 8 9993
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, IHvsTorio 00 N-ncN veLLAoE
UE®EVELop ENT ANU VEVITALIZATICN
v AvrA ULAN
EEI3i2I AVY 12
1993
ADOPTED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH AND
THE MIAMI BEACH REDEVELOPMENT AGENCY
ON FEB. 12, 1993
p�2Ep�!?ED �3�s
THE CITY of Ml Al UEACU
DEp, V-FALP T of ®EWLOpMEN-Fv ®EslcN �
1-i1STOplc pvuslf- ?vATIcN sEumcus
CITY CENTEV
IN,STCUIC C® CN MU AGE
VER)EVIELCIPAAENT ® CN
Mayor: Seymour Gelber
Commissioners:
Sy Eisenberg
Susan F. Gottlieb
11-3 Neisen O. Kasdin
David T. Pearlson
Abe Resnick
Martin Shapiro
City Manager: ' Roger M. Carfton
Assistant City Manager: Stuart L. Rogel
,t
Development, Design & Historic Preservation
Services Director: Harry S. Mavrogenes
a:
Special Counsel to City of Miami Beach and
Miami Beach Redevelopment Agency:
David J. Berger, Esq.
Randolph Fields, Esq.
Broad and Cassel
175 N.W. 1st Avenue
s Suite 2000
Miami, Florida 33128
City of Miami Beach
Development, Design & Historic Preservation Services Department
1700 Convention Center Drive .
Miami Beach, Florida 33139
(305) 673-7193
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CITY CENTER/HISTORIC CONVENTION VILLAGE REDEVELOPMENT
AND REVITALIZATION AREA PLAN
FOR THE CITY OF MIAMI BEACH
FEBRUARY 12, 1993
100 Description of Project
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101 Introduction
102 Boundary Description
103 Existing Conditions
104 Summary of Proposed Activities
200 Land Use Plan
201 Plan Objectives
202 Land Use Plan
203 Standards for Development
204 Circulation Plan
300 Project Proposals
301 Owner Participation and Rehabilitation
302 Land Acquisition and Clearance
303 Redeveloper's Obligations
304 Program Development Activity
305 Project Improvements
306 Property Management
307 Land Disposition
308 Neighborhood Impact Element
400 Other Provisions
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401 Project Financing
402 Duration of Projects
403 Enforcement of Plan
404 Procedure for Amendment
405 Severability
406 Housing Element Addendum
500 Appendix
501 Appendix A: Legal Description
502 Appendix B: Finding of Necessity (Blight Report)