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Resolution 78-15721 • RESOLUTION No. 78-15721 A RESOLUTION DETERMINING THE .NEED FOR URBAN DEVELOPMENT ACTION GRANT FUNDS FOR USE IN CONJUNCTION WITH THE SOUTH SHORE REDEVELOP- MENT PLAN OF THE CITY OF MIAMI BEACH, AUTHO- RIZING AND DIRECTING THE CITY MANAGER TO EXE- CUTE THE GRANT APPLICATION AND PROCESS THE SAME WITH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; EMPOWERING THE CITY MANAGER TO EXECUTE AND SUBMIT SUPPLEMENTS, AMENDMENTS AND SUPPORTING DATA TO SAID APPLI- CATION; CERTIFYING THAT THE CITY WILL COMPLY WITH ASSURANCES REQUIRED OF ALL UDAG RECIPIENTS BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND STATING THE INTENT OF THE CITY TO ENTER INTO AN AGREEMENT WITH THE MIAMI BEACH REDEVELOPMENT AGENCY FOR THE ADMINISTRA- • TION OF SAID UDAG GRANT FUNDS. • WHEREAS , the City of Miami Beach has hereinbefore entered into an extensive program of community development which includes within • its scone the Redevelopment of the blighted area of the City of Miami Beach located Sixth Street southward to Government Cut, all as has been more fully set forth in City Resolution No. 77-15283 , as amended by Resolution No. 77-15291, and further more fully stated in all other related Ordinances and Resolutions of the City; and WHEREAS, a vital component of urban development and urban redevel- opment of the referred to blightedarea, is the proper and adequate funding of the development of public improvements in the Redevelop- ment area, and particularly for purposes of this Resolution in that portion of the Redevelopment area which has been and is referred to as Phase I of the Redevelopment Plan; and . WHEREAS, the U. S. Department of Housing and Urban Development has instituted and conducts a continuing program known and referred to as the URBAN DEVELOPMENT ACTION GRANT PROGRAM (UDAG) , whereby funds are made available to local governments for purposes of development of public improvements and the construction of public facilities; and • WHEREAS, the City Commission has found and does hereby find that the application for, receipt of and use of said UDAG funds will assist in, expedite and strengthen the City's efforts in redevel- opment of the aforesaid blighted area, all in the best interests of the public health, safety, morals, and welfare of the residents of the City of Miami Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH:. Sec. 1. All of the facts set forth in the .preamble are hereby found and determined to be true. Sec. 2.. It is hereby found that the public health, safety, morals and welfare of the residents of the City of Miami Beach will be best served by the strengthening and expeditious completion of the City of Miami Beach community development program, which includes the community Redevelopment Plan hereinbefore adopted by Resolution No. 77-15283, as amended by Resolution No. 77-15291 and all prior and succeeding Resolutions and Ordinances related thereto. Said Resolutions and Ordinances, together with the Redevelopment Plan of the City of Miami Beach' with all attachments and supplements thereto • in its entirety are made a part of this Resolution by reference, whether physically incorporated herein or attached hereto or not. Sec. 3. It is hereby found and determined that in order to develop and construct the public improvements and public facilities, more fully described in 3 (b) hereafter, required in Phase I of the Redevelopment Plan (said Phase I more fully described in 3 (a) hereafter) , that the sum of • $11 , 777, 435 will be required and it is, further, found that the use of Federal UDAG funds for the construction and development for said public improvements and public facilities is an appropriate and proper use of Federal UDAG funds and will serve the best interest of the public health, welfare, safety, and morals of the residents of the City of Miami Beach. -2- (a) Description of Phase I. The area encompassing Phase I is bounded approxi- mately by Michigan Avenue on the East, Fifth Street on the North, Government Cut on the South, and Biscayne Bay on the West; the total land area contained in Phase I being 60 acres, more or less, all located within the Redevelopment area of the City of Miami Beach. (b) The purposeand proposed use of Federal UDAG funds are as follows: All of the UDAG funds which are being applied for in this application will be used directly for the provision of public improvements and the construction of public facilities. The City of Miami Beach will be the direct recipient of the UDAG funds and the improvements which they will pay for. The items which will be financed by the City of Miami Beach with the subject UDAG funds will be: (a) Completion of the public marina including wet slips, tem- porary parking lot construction, restrooms, dry boat facility, etc. ; (b) Demolition of existing structures located in the Phase Iproject .area; (c) Water supply installation; (d) Sewage system for the first phase area; (e) Storm water drainage system; (f) Construction of roads and bridges in the first phase area; (g) Highway and walkway lighting; (h) Construction of a public 920 car parking structure; and (i) Administrative (architecture, engineering, construction man- agement, etc. ) costs. Sec. 4. In order to implement, facilitate and effect the processing and obtaining of said funds, it is found and determined that certain official action must be taken by this Commission by way of authoriza- tion and direction to the City Manager, and certification by the Commission that it will comply with requisite assurances and declar- ation of mechanics for use and administration of said funds. Accord- ingly, this Commission further resolves as follows : (a) Authorization and direction to the City Manager. The City Manager is hereby authorized and directed to -3- • prepare and execute that Federal Assistance Grant Application which is attached to this Resolution and made a part hereof and referred to as Exhibit A and to oversee and supervise the filing, submission and processing of said Application. The City Manager is further em- powered to approve, .execute and supervise the processing of all sup- plements , amendments and supporting data to said Application which he may determine shall be required from time-to-time from the date of filing thereof until the time of completion of said Application, and in performing such responsibilities, said City Manager shall be empowered to consult with the City Attorney, consult with the Miami Beach Redevelopment Agency and any and all other governmental agencies, Federal, State, county and municipal, and private counsel and consultants, as he deems proper and necessary, all in order to carry forward the Commission's finding and expression of intent that the Application be processed as rapidly, effectively, and expeditiously as is possible in order that the funds applied for may he obtained and utilized for the pro- posed purposes hereof. (b) Certification of Compliance. Attached hereto,and made a part of this Resolution and referred to as Exhibit B, is a Declaration of 19 Assurances re- quired by the U. S. Department of Housing and Urban Development as part of the Urban Development Action Grant program. The City of Miami Beach does hereby certify that in the performance of its res- oonsibility and use of the UDAG funds that it will comply with all 19 Assurances set forth and that all City officials and municipal agencies will be notified of such Assurances and the need for com- pliance with them, so that such compliance will be continuous. (c) Administration of UDAG Funds. The funds which are the subject matter of this Reso- lution are intended to be used exclusively within the area known as Phase I of the South Shore Redevelopment project and, therefore, totally within the Redevelopment area. The City, having previously delegated to the Miami Beach Redevelopment Agency the power and " -4- responsibility of planning and implementing the City-approved Redevelop- ment Plan, the City finds and determines that it is proper that the Miami Beach Redevelopment Agency be the "arm" of municipal govern- ment charged with the administration of .the grant and funds which are the subject matter of this Resolution. Accordingly, the City Manager and the City Attorney are instructed to draft in conjunction with the Miami Beach Redevelopment Agency and its counsel and its staff an agreement whereby the Miami Beach Redevelopment Agency will undertake and agree to administer the aforesaid funds. PASSED AND ADOPTED THIS 20th DAY 'OF SEPTEMBER, 1978 . f' /4,/% 4/7 4 MAYOR ATTEST: CITY.. CLERK 11 q -5- 5 9 - I • • (iv) Inform affected persons of the. benefits.' policies, and procedures • provided for under HUD regulations ; and • (v) Carry out the relocation process in such a manner as to provide such • displaced persons with uniform- and consistent services, including any services required to insure that the .rE:ocation process does not result in different or separate treatment to such displaced persons on account of their race, color, religion, national origin. sex, or source of income. (14) It will establish safeguards to prohibit employees from using positions for purposes that are or give the appearance of being motivated ty a desire for, private gain for themselves or others,'' particu:arly those- with whom they have family, business. or other ties . (15) It will comply with the provisions of the Hatch Act which limit the political activity of employees. (16) It will give. HUD and the Comptroller General through any authorized re- - presentative access to and the right to examine all records , hooks, papers or documents related to the grant. (17) It will insure that the facilities under its ownership, lease, qr super- vision which shall be utilized in the accomplishment of the zrojet are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federalgrantor ag2n y of the receipt of any communication from the Director of the EPA Office of Federal, Activities indicating that a facility to be utilized in the project is under consideration for :isting by the EPA. (1 D) It will comply with the flood insurance punch;se rec;ui rements cf Section 102(a) of .the Flood Disaster Protection Act •f 1973, Putl :c Law 93-234. 87 Stat. 975, approved December 31 , 1976. Section 102(a) requires, on and after March 2, 1975, the purchase of fl t oo insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acq;,isiti = • • purposes for use in any .area that has been i:;entified by the Secretary of the Department of Housing and Urban Development as an area havir.l special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. • 119) It will require the facility to be designed to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped." Number A117.1-1961 , as modified (41 CFR 101-17.703). The app'icarit will be. responsible for conducting inspections to insure compiiance with these specifications by the contractor. 4 • • • • • • `i`;gTti • (iv) Executive Order 11063 on equal opportunity in housing and non- discrimination in the sale or rental of housing built with Federal • assistance. (v) Executive Order 11246. and all regulations issued pursuant thereto (24 CFR Part 130), which provides that no person shall be discrimin- ated against on the basis of race. color, religion. sex or national origin in all phases of employment during the performance of Federal or federally-assosted contracts. Such contractors and sub6_.ontractor• shall take affirmative actions to insure fair treatment iv employ- meat, upgrading, demotion. or transfer; recruitment or recruitment advertising; layoff or termination,. ra tes, of pay or other forms of • compensation and selection for training and apprenticeship. (vi ) Section 3 of the Housing and Urban Development Act of 1968. as amended, requiring that to the greatest extent feasible. opportuni tt_ for training and employment be given lower income residents of the project area and contracts for work in connenction with the project be awarded to eligible business concerns which are located in; or owned in substantial part by, persons residing in the area of tree project. (12) It will : (i ) In acquiring real property in connection with the urban devO;u- en.t action grant program. be guided to the greatest extent practizatl` under State law, by the real property acquisition policies set ee under Section 301 of the Uniform Relocation Assistance ane Pe: 1 Property Acquisition Policies Act of 1970 (P.L. 91-646) , anc :';e provisions of Section 302 thereof: (ii) Pay or reimburse property owners for necessary expenses as specifies • in Section 302 and 304 of the Act; and (iii) Inform affected persons of the benefits. policies and procedures provided for under HUD regulations (24 CFR Part 42) . (13) It will :. • (1) Provide fair and reasonable relocation payments and assistance in accordance with Sections 202, 203, and 204 of the Uniform Relocation: Assistance and Real Property Acquisition Policies Act of 1070 . and applicable HUD regulations (24 CFR Part 42) . to or for families . Individuals. partnerships, corporations. or associations displaced as a .result of any acquisition or real property for an activity assisted under the program; (ii ) Provide relocation assistance prograns offering the cervices des- cribed in Section 205 of the Act to such displaced families , in- dividuals. partnerships, corporations or associations in the manner provided under applicable HUD regulations; (iii ) Assure that, within a reasonable time prior to displacement , decen' safe and sanitary replacement dwellings will be available to such dis- placed ,-families and individuals in accordance with Section 205(c)(3) of the Act. and that such housing will be available in the same range of choices to all such displaced persons regardless of their race. color. religion. national origin. sex. or source of tncome; •i . • • U.S. DEPARTMENT OF HOUSING AND URBAN DE.ELOPa1ENT URBAN DEVELOPMENT ACTION. GRANT PROGRAM . • • • ASSURANCES . • The applicant hereby assures and certifies with respect to the grant that: 0 ) It possesses legal authority to apply for the grant, and to execute; _the Proposed project. . .-___ _ - ------___.___ . -- - . (2) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the filing of the application, including all understandings and assurances contained therein, and directing and designating the authorized representative • of the applicant to act in connection with the application and to pr-•vide such additional information as may be required. • (3) It has complied with all the requirements of OMB Circular. A-95 as modified by Subpart G and that either - (i) any comments and recommendations made by or through clearinghouses are attached and have been considered prior to submission of the • application; or (ii) the required procedures have been followed and no comments or recommendations have been received. • (4) Prior to submission of its application, the applicant has (i) prepared and followed a written citizen participation plan., • which plan provides the opportunity for citizens to participate in the development r:f the application, with special attention. to measures to encourage the statement of views and the submission of proposals by low-and-moderate income people and residents of blighted neighborhoods, and to scheduling hearings at times and locations which are convenient to all citizens; . - • (ii) provided citzens with adequate information concerning the amount of funds available for proposed activities, the range of activities that may be undertaken, and other important program requirements; • (iii) held public hearings to obtain the views of citizens, of which • at least one hearing was held on needs which may be dealt with • under Subpart G and at least one hearing was held on the application prior to official action authorizing submission of the application. (5) Its chief executive officer or other officer of applicant approved by HUD: (i ) Consents to assume the status of a responsible Federal official • under the National Environmental Policy Act of l9M9 insofar as the provisions of such Act apply to the applicant's proposed project • pursuant to 24 CFR 570.603; and • 1 • E y.,, v‘ \ ;) IT 1 . • • • . . • . • _ • • • • (ii )Is authorized and consents on behalfofapplicant the app scant to accept the jurisdiction of the Federal courts for the purpose of enforce- ment of his responsibilities as such an official . • (6) The Urban Development Action Program is consistent with the Community Development Program and the Hou.'ng Assistance Plan. (7) It will co,rpiy with the' regulations. policies. guidelines and require- ents of Federal Management Circular 74-4 and OMB Circular A-1CZ, as they relate ;to the application, acceptance and use of Federal funds f.,• this federally-assisted program. (8) It will administer and enforce the labor standards requirements set forth in Section 570.605 and HUD regulations issued tc implement such require- ments. CO It will comply with all requirements imposed by HUD concerning special requirements of law, program requirements , and other admiristr_tive re- cquirements approved in accordance with 015 Circular A-102. (10) It will comply with the provisions of Executive Order 11296, relating to evaluation of flood hazards . • (ll ) It will comply with: (1 ) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and the regulations issued pursuant thereto (24 CFR Part 1 ) , whirr. proe•:Cc_ • that no person in the United States shall on the ground cf race, • color, or national origin, be excluded from participation in, be denied the benefits- of, or be otherwise subjected to discrimination under anyprogram or activity for which the applicant received Federal financiaassistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure - thereon is provided or improved with the aid of Federal financ:;1 assistance extended to the applicant, this assurance shall obligate the applicant, or in the case of any transfer of such proper-;-.•, any transferee, for the period during which the real property or structure is •used' for a purpose for which the Federal financial assistance is extended or for another purpose involving the provisions of similar services or benefits. (Ii) Title VIII of the Civil Rights Act of 1968 (P.L. 90-281) as amended, administering all programs and activities relating to housing and community development in a manner to affirmatively further fair housing; and will take action to affirmatively further fair housing in the sale or rental of housing, the financing of housing, and the provision of brokerage services within the applicant's jurisdiction. • Section 109 of the Housing and Community Development Act of 1974. and the regulations issued pursuant thereto (24 CFR Part 570.601 ) ,which • provides that no person in the United States shall . on the grounds of race. color, national . origin, or sex, be excluded froom participation • in, be denied the benefits of, or be subjected to discrimination under. any program or activity funded in whole or in part with Title I funds. , 2 • UKIUINI L RESOLUTION NO. 78-15721 (Determining the need for Urban Develop- ment Action Grant for use in conjunction with the South Shore Redevelopment Plan, CMB, authorizing City Mgr.to execute the Grant Application with U.S.Dept.of Housing & Urban Development, etc.) 4