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LTC 172-2003 CITY OF MIAMI BEACH Office of the City Manager Letter to Commission No. 1'73.-, 0.3 To: From: Subject: Mayor David Dermer and Members of the City Commission Date: July 21, 2003 Jorge M. Gonzalezk .. J City Manager/I~"~ CHILDREN'S 'I~/UST AD VALOREM TAX EXEMPTION - REDEVELOPMENT AGENCY Attached please find a proposed Resolution forwarded by Miami-Dade County requesting the City of Miami Beach Commission, as the governing body of the Redevelopment Agency, exempt the Children's Trust from the provisions of F.S. 163.387(2)(A), which sets forth the increment to the agency. This past November, the majority of the voters approved an additional one-half (¼) mill be used for the Children's Trust. The County is requesting the City to exempt the Children's Trust, an independent special taxing district, from contributing its Ad Valorem tax levy to the City's Redevelopment Trust Fund. On July 8, 2003, the Board of County Commissioners adopted on first reading, the attached Ordinance whereby any future requests by municipalities and/or community redevelopment agencies relating to the community redevelopment plans including, but not limited to, approval of annual budgets would require all agencies, in their sole discretion to exempt the Children's Trust Ad Valorem Tax levy from collection into the redevelopment trust fund. Separate from this request, the County's Budget Director, David Moriss, contacted me and advised that the County would seek reimbursement from the Redevelopment Agency for its administrative costs, estimated at 1¼% of the annual Redevelopment Agency budget. In response to both requests, I have indicated that the City of Miami Beach will consider these requests as part of a broader discussion with all affected municipalities/redevelopment agencies to assure consistent application county-wide. If you have any questions, please do not hesitate to contact me to discuss further. JMG\C~rar F:\crngr~$ALL~LTC-O3\ChildrenTrustExemplion.CMC.rar,doc CITY OF MIAMI BEACH Office of the City Manager Letter to Commission No. To: From: Subject: Mayor David Dermer and Members of the City Commission Date: July 21, 2003 Jorge M. Gonzalez City Manager CHILDREN'S TRUST AD VALOREM TAX EXEMPTION - ~j~>..~{~ ~ ~-~.~ Attached please find a proposed Resolution forwarded by Miami-Dade County requesting the City of Miami Beach Commission, as the governing body of the Redevelopment Agency, exempt the Children's Trust from the provisions of F.S. 163.387(2)(A), which sets forth the increment to the agency. ~ --- ~y ~st November, the of the voters approved an additional one-half (~) mill be used for the Children's Trust. The County is requesting the City to exempt the Children's Trust, an independent special taxing district, from contributing its Ad Valorem tax levy to the, 13edevelopment Trust Fund. On July 8, 2003, the Board of County Commissioners adopted on first reading, the attached Ordinance whereby any future requests by municipalities and/or community redevelopment agencies relating to the community redevelopment plans including, but not limited to, approval of annual budgets would require all agencies, in their sole discretion to exempt the Children's Trust Ad Valorem Tax levy from collection into the redevelopment trust fund. Separate from this request, the County's i~udget Director, David Moris,~ontacted me and advised that the County would seek reimbursement from the Redevelopment Agency for its administrative costs~estimated at 1¼% of the annual Redevelopment Agency budget. In response to both requests/ih, ave indicated that/the City of Miami Beach will consider these requests as part of a discussion with all ~i~ffected municipalities/redevelopment agencies to assure consistent application county-wide. If you have any questions, please do not hesitate to contact me to discuss further. JMG\CMO\rar F:~rngr~ALL~LTC-03\ChildrenTrust Exemption.CMC.rar.doc Page 1 of 1 Cuervo, Christina From: Cuervo, Christina Sent: Monday, July 21, 2003 12:04 PM To: Tony E. Crapp (CMO) (E-mail) Cc: Hartfield, Gary (CMO); Gonzalez, Alfredo J. (DIST5); Gutierrez, Maria Beatriz (DIST5); Bonde, Kent; Gonzalez, Jorge; Parekh, Anna; Aguila, Raul; Olin, Jean; 'Teintze, Jurgen (OMB)' Subject: FW: Miami Beach agenda items for BCC consideration Tony, unfortunately I responded to this email on Wednesday while we were at the Economic Dev. Committee meeting in your chambers and I have just realized all my messages from my Blackberry were not delivered therefore, I apologize for delay in getting back to you. First thank you for support last Wednesday and can you pis. confirm if the item is finally on agenda for tomorrow's BCC meeting? Second, as it relates to the attached resolution, the City Manager spoke with David Morris about the County's desire to recapture or charge County Admin. Fees to the the CRAs for next year's budget, as you mentioned at the end of the Committee meeting. The City Manager indicated to David he would consider this request if this was something all CRA's were participating in and welcomed the opportunity to meet with all the other Municipalites and CRA directors to discuss. Likewise, the City of Miami Beach would consider the same for the subject waiver request and therefore, Please advise if you will be scheduling a meeting with the other CRA's to request same and should we do both meetings/requests at the same time? As it relates to the resolution language, our attorney's have initially reviewed the resolution language and we may differ on the interpretation of the statute as it relates to special taxing districts. Your resolution states "according to the statutes it is not intended to apply to special taxing districts". .... Please advise if we can meet to discuss further and as you know, any waiver requires compliance with the noticing provisions of the Statute. Thanks, Christina. ..... Original Message ..... From: Crapp, Tony E. (CMO) [mailto:CRAPP@miamidade.gov] Sent: Wednesday, July 16, 2003 9:07 AFl To: Cuervo, Christina Cc: Hartfield, Gary (CIVlO); Gonzalez, Alfredo .]. (DISTS); Gutierrez, Maria Beatriz (DISTS) Subject: RE: Miami Beach agenda items for BCC consideration Christina, I wanted to make sure that you are aware of the pending issue relating to the % mill approved by the voters for the Children's Trust, and the effort to get CRAs to exempt the Trust from making increment payments to the various CRAs. I understand that the County Attorney's Office has been in communication with the City's attorneys regarding this matter. Attached is a copy of a resolution that has been shared with the City's legal staff for consideration and adoption by the City of Miami Beach. Please let me know your thoughts regarding this matter. 7/21/2003 Legislative Matter Page 1 of 4 Miami-Dade Legislative Item File Number: 031997 File Number: 031997 File Type: Ordinance Status: In Committee Version: 0 Reference: Control: Economic Development and Human Services Committee File Name: CRA W/REGARD COMMUNITY REDEVELOPMENT AND Introduced: CHILDRENS TRUST 6/30/2003 Requester: NONE Cost: Final Action: Agenda Date: 7/8/2003 Agenda Item Number: 13F Notes: Title: ORDINANCE RELATING TO ESTABLISHMENT OF POLICY FOR CONSIDERATION OF REQUESTS BY MUNICIPALITIES AND/OR COMMUNITY REDEVELOPMENT AGENCIES WITH REGARD TO COMMUNITY REDEVELOPMENT; AND PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Indexes: COMMUNITY DEVELOPMENT Sponsors: Natacha Seijas CHILDRENS TRUST Sunset Provision: Effective Date: No Registered Lobbyist: None Listed Expiration Date: Legislative History Acting Body Date Agenda Action Sent To Item Due Date Returned Pass/Fail Board of County Commissioners 7/8/2003 Scheduled for Economic 9/17/2003 a public Development and hearing Human Services Committee Board of County Commissioners REPORT: 7/8/2003 13F Adopted on 9/17/2003 P first reading The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Economic Development and Human Services Committee on July 16, 2003 at 10:00 a.m. Legislative Text http://www, co.miami.dade, fl.us/govaction/matter.asp?matter=031997 7/21/2003 Legislative Matter Page 2 of 4 TITLE ORDINANCE RELATING TO ESTABLISHMENT OF POLICY'FOR CONSIDERATION OF REQUESTS BY MUNICIPALITIES AND/OR COMMUNITY REDEVELOPMENT AGENCIES WITH REGARD TO COMMUNITY REDEVELOPMENT; AND PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE 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 with Home Rule Charters, which counties in turn are authorized to delegate certain of such powers to a municipality and/or community redevelopment agency created pursuant to the Act; and WHEREAS, the Board of County Commissioners of Miami-Dade County, Florida (the "Board") has delegated community redevelopment powers to various municipalities in accordance with the provisions of the Act, including, among other things, the authority to create and appoint members to a community redevelopment agency and the power to initiate, prepare and adopt a redevelopment plan, subject to approval by the Board; and WHEREAS, certain redevelopment powers were not specifically delegated by the Board and were specifically reserved exclusively for exercise by the Board, specifically the power to determine an area to be a slum or blighted area, to grant final approval to community redevelopment plans and modifications thereof, to authorize the issuance of revenue bonds and the power to approve the development of community policing innovations; and WHEREAS, from time to time, municipalities or community redevelopment agencies request the Board to take certain action as the local governing body that benefit the municipalities or community redevelopment agencies, or request that the Board create new tax increment districts within their municipal boundaries to address instances of slum and blight; and WHEREAS, on September 10, 2002, the voters of Miami-Dade County voted to amend the Home Rule Charter to rename the independent special taxing district, "The Children's Trust" and to authorize the levy of an ad valorem tax not to exceed one-half (1/2) mill for the purpose of, "funding improvements to children's health, development and safety [and] promot[ing] parental and community responsibility for children;" and WHEREAS, the voters will be asked to renew this ad valorem levy in 2008; and WHEREAS, this ballot question received widespread support by the voters --sixty-six (66%) percent of all voters, and a majority of all voters in each and every voting district; and WHEREAS, it is the clear intent of the voters that the revenue from this ad valorem tax be used by The Children's Trust for the good of children and their families in Miami-Dade County; and WHEREAS, this Board of County Commissioners desires to give full effect to the will of the voters - that the revenue from the one-half (1/2) mill be used by The Children's Trust for the good of Miami- Dade County's children and families; and WHEREAS, furthermore, Part III of Chapter 163 of Florida Statutes is not intended to apply, and therefore does not apply, to a special taxing district that came into existence after the creation of the community redevelopment agency and/or trust fund; and WHEREAS, most of the community redevelopment agencies and/or their trust funds existed prior to the creation of The Children's Trust, which was created by the Board of County Commissioners through Ordinance No. 02-247 with an effective date of December 13, 2002; and WHEREAS, therefore, with regard to already existing community redevelopment agencies, Part III of Chapter 163 of Florida Statutes does not apply to The Children's Trust; and WHEREAS, in order to ensure that the intent of the voters of Miami-Dade County is carded out http ://www.co.miami_dade.fl.us/govaction/matter.asp?matter=031997 7/21/2003 Legislative Matter Page 3 of 4 expeditiously and without undue delay, it is necessary that municipalities in their sole discretion, exempt The Children's Trust, an independent special taxing district, from the provisions of Section 163.387(2)(a); and WHEREAS, the exemption shall be granted in accordance with the provisions of Section 163.387(2)(d) (1) and shall be for the term of collection of The Children's Trust ad valorem tax, including any extensions of this ad valorem tax levy which may be approved by the voters of Miami-Dade County; and WHEREAS, for already existing community redevelopment agencies, this exemption is not necessary because the Act does not apply to The Children's Trust, but by acting in this fashion, municipalities will resolve any ambiguities as to the applicability of the Act to The Children's Trust, NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA: Section 1. The foregoing recitations are hereby incorporated as a part of this ordinance. Section 2. This Board hereby finds that it is necessary to establish a policy by which the Board will consider requests from municipalities or community redevelopment agencies created by municipalities, for certain actions by the Board pursuant to the provisions of the Act or Interlocal Cooperation Agreement, including but not limited to: 1) creation of new tax increment districts within their municipal boundaries; 2) approval of amendments to an Interlocal Cooperation Agreement: 3) approval of an annual budget for expenditure of monies on deposit in the Trust Fund; 4) amendments to the redevelopment plan; and/or 5) any other matter that requires the approval of the Board. This Board hereby finds that it is in the best interest of the citizens of Miami-Dade County to require as a condition precedent to the Board's consideration of such municipal or agency requests that, such municipality, in its sole discretion pursuant to § 163.387(2)(d)(1), F. S, exempt The Children' s Trust, an independent special taxing district, from the provisions of Section 163.387(2)(a) for the temx of collection of The Children's Trust ad valorem tax, including any extension of this ad valorem tax levy which is approved by the voters of Miami-Dade County. Section 3. For all community redevelopment agencies created by the Board after the establishment of The Children's Trust independent special taxing district, the Board hereby, in its sole discretion pursuant to § 163.387(2)(d)(1), exempts The Children' s Trust, an independent special taxing district, from the provisions of § 163.387(2)(a), F.S. for the term of collection of The Children's Trust ad valorem tax, including any extension of this ad valorem tax levy which is approved by the voters of Miami-Dade County. Section 4. This ordinance is hereby declared to be for a public purpose and for the welfare of the citizens of Miami-Dade County, Florida and shall be broadly construed to effectuate the purpose thereof. Section 5. 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 6. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Miami-Dade County. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. Section 7. This ordinance does not contain a sunset provision. Section 8. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. Ho.me [ Ag~od~ I M!nut~_S I Logisl~tiv_o._S..e_amh I Lo_b_b. yi_sLF~._egi~tral[_o....n_ I L~gi_s!~ti~t~...~Report.~ 2003 BC~ Meet r~g_Ca e~da_r ~ M_ a_m -Da~l~Coun_ty Codegf Ordin.~Oces ~ http://www.co.miami_dade.fl.us/govaction/matter.asp?matter=031997 7/21/2003 Legislative Matter Page 4 of 4 Home I Using Oqm;..S!;t_e I Ab0_u.t I Phone..Q.i_rectory I Pmivac~ I Disclaim_or E-mail your comments, questions and suggestions to Webmaster Web Site © 2003 Miami-Dade County. All rights reserved, http://www, co.miami_dade.fl.us/govaction/matter.asp?matter=031997 7/21/2003 Approved Agenda Item No. RESOLUTION NO. RESOLUTION BY THE BOARD OF CITY COMMISSIONERS OF MIAMI BEACH FINDING IN ITS SOLE DISCRETION THAT IT IS APPROPRIATE TO EXEMPT THE CHILDREN'S TRUST FROM THE PROVISIONS OF SECTION 163.387(2)(a), F.S. WITH REGARD TO THE CITY'S TWO COMMUNITY REDEVELOPMENT AGENCIES 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 with Home Rule Charters, which counties in mm are author/zed to delegate certain of such powers to a municipality and/or community redevelopment agency created pursuant to the Act; and WHEREAS, the Board of County Commissioners of Miami-Dare County, Florida (the "Board") has delegated community redevelopment powers to the City of Miami Beach in accordance with the provisions of the Act, including, among other things, the authority to create two community redevelopment agencies and the power to initiate, prepare and adopt a redevelopment plan, subject to approval by the Board; and WHEREAS, certain redevelopment powers were not specifically delegated by the Board and were specifically reserved exclusively for exemise by the Board, specifically the power to determine an area to be a slum or blighted area, to grant final approval to community redevelopment plans and modifications thereof, to authorize the Agenda Item No. Page No. 2 issuance of revenue bonds and the power to approve the development of community policing innovations; and WHEREAS, on September 10, 2002, the voters of Miami-Dare County voted to amend the Home Rule Charter to rename the independent special taxing district, 'Whe Children's Trust" and to authorize the levy of an ad valorem tax not to exceed one-half (1/2) mill for the purpose of, "funding improvements to children's health, development and safety [and] promot[ing] parental and community responsibility for children;" and WHEREAS, the voters will be asked to renew this ad valorem levy in 2008; and WI-IEREAS, this ballot question received widespread support by the voters -- sixty-six (66%) percent of all voters, and a majority of all voters in each and every precinct; and WHEREAS, it is the clear intent of the voters that the revenue from this ad valorem tax be used by The Children's Trust for the good of children and their families in Miami-Dade County; and WHEREAS, this Commission of the City of Miami Beach desires to give full effect to the will of the voters - that the revenue from the one-half (1/2) mill be used by The Children's Trust for the good of Miami-Dade County's children and families; and WHEREAS, furthermore, Part HI of Chapter 163 of Florida Statutes is not intended to apply, and therefore does not apply, to a special taxing district that came into existence after the creation of the community redevelopment agency and/or trust fund; and WHEREAS, the City of Miami Beach's two community redevelopment agencies and/or their mast funds existed prior to the creation of The Children's Trust, which was created by the Board of County Commissioners through Ordinance No. 02-247 with an effective date of December 13, 2002; and Agenda Item No. Page No. 3 WHEREAS, therefore, with regard to the City of Miami Beach's already-existing community redevelopment agencies, Part III of Chapter 163 of Florida Statutes does not apply to The Children's Trust; and WHEREAS, in order to ensure that the intent of the voters of Miami-Dade County is carried out expeditiously and without undue delay, it is appropriate that the City of Miami Beach in its sole discretion, exempt The Children's Trust, an independent special taxing district, from the provisions of Section 163.387(2)(a); and WHEREAS, the exemption shall be granted in accordance with the provisions of Section 163.387(2)(d)(1) and shall be for the term of collection of The Children's Trust ad valorem tax, including any extensions of this ad valorem tax levy which may be approved by the voters of Miami-Dade County; and WIIEREAS, for already existing community redevelopment agencies, this exemption is not necessary because the Act does not apply to The Children's Trust, but by acting in this fashion, the City of Miami Beach will resolve any ambiguities as to the applicability of the Act to The Children's Trust, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. The foregoing recitations are deemed true and correct and are hereby incorporated as a part of this resolution. Section 2. The Board of City Commissioners of Miami Beach hereby, in its sole discretion pursuant to §163.387(2)(d)(1), exempts The Children's Trust, an independent special taxing district, from the provisions of §163.387(2)(a), F.S. for the term of collection of The Children's Trust ad valorem tax, including any extension of this ad valorem tax levy which is approved by the voters of Miami-Dade County. Section 3. This resolution is hereby declared to be for a public purpose and for the welfare of the citizens of the City of Miami Beach and Miami-Dade County, Florida and shall be broadly construed to effectuate the purpose thereof. The foregoing by Commissioner was as follows: Agenda Item No. Page No. 4 resolution was offered by Commissioner , who moved for its adoption. The motion was seconded , and upon being put to a vote, the vote The Chairperson thereupon declared the resolution duly passed and adopted this day of 2003.