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Resolution 76-15020 RESOLUTION NO. 76-15020 A RESOLUTION IMPLEMENTING THE MIAMI BEACH REDEVELOPMENT AGENCY; ALLOCATING AND RESERVING FEDERAL AND OTHER FUNDS FOR PLANNING PURPOSES; AUTHORIZING EXECUTION OF A CONTRACT BETWEEN THE CITY OF MIAMI BEACH, THE MIAMI BEACH REDEVELOPMENT AGENCY, AND WURSTER, BERNARDI & EMMONS, INC. FOR THE PROVISION OF PLANNER/ MANAGER SERVICES TO THE MIAMI BEACH REDEVELOP- MENT AGENCY. WHEREAS , on February 17, 1976 the City Council of the City of Miami Beach created by Resolution a public body corporate and politic known as the Miami Beach Redevelopment Agency, said Resolution being Resolution No. 76-14961; and WHEREAS, the Miami Beach Redevelopment Agency was by the City Council of the City of Miami Beach in said Resolution authorized and empowered to administer and exercise the community redevelopment powers of the City of Miami Beach in accordance with the provisions of Chapter 163, Florida Statutes; and WHEREAS , the City of Miami Beach is entitled to and anticipates applying for and receiving certain funds, including funds from the United States of America Department of Housing and Urban Development, designated as Community Development Funds and is further entitled to apply for State funds as may be available, all for the purposes of planning the redevelopment project referred to and anticipated in the said Resolution No. 76-14961 and authorized in Chapter 163, Florida Statutes; and WHEREAS, said Agency is in need of the services of a consultant planner to aid and assist the Agency in the preparation for City Council of the City of Miami Beach a redevelopment plan for that portion of Miami Beach designated in Resolution No. of the City Council of the City of Miami Beach; and WHEREAS, following negotiations between the City Manager and the said Agency, and Wurster, Bernardi & Emmons , Inc. , the terms of a proposed Agreement have been reached subject to the approval of the City Council of the City of Miami Beach; and WHEREAS, the City_%Attorney has prepared an Agreement setting forth the terms and provisions of such proposed Agreement, the terms and provisions of which are familiar to the City Council; and WHEREAS, said Agreement provides, amongl ,other things, for a total contract fee to be paid by the City, out of , federal funds, of $177, 750 to Wurster, Bernardi & Emmons, Inc. and further - providing that the services of said planning consultant shall be rendered to the Agency for and on behalf of the City and that the City Manager or his designated representative shall provide liaison between the Agency and the City in the performance of said Agreement and further provides that final approval of the redevelopment plan prepared thereunder shall be subject to the approval of the City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Council finds and determines that the adoption of this Resolution. and all matters contained herein are in the best interests of the City of Miami Beach and its residents . OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that the sum of Three Hundred Seventy Three Thousand One Hundred ($373,100 . 00) Dollars is hereby allocated for the Miami Beach Redevelopment Agency for purposes of performing its duties and the responsibilities conferred upon the Agency by Resolution No. 76-14961 and the Laws of Florida, particularly the planning responsibilities therein conferred, ,•4 provided, however, that this allocation is made under the provi- sions and subject to the conditions of this Resolution. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAAMI BEACH, FLORIDA, that the aforestated funds are allocated solely and totally from funds paid to the City by the United States Department of Housing and Urban Development, the same being referred to as "Community Development Funds" , together with such funds as may be made available by the State of Florida for purposes of city planning and redevelopment, as received by the City in pursuance of the redevelopment program which is the subject of this Resolution. This allocation of monies shall not be from the general fund of the City of Miami Beach, save and except as may be specifically herein otherwise provided or as may be otherwise appropriated by act of this Council. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that all funds herein allocated shall be made available for the account of the Agency for the exclusive uses and purposes of the Agency in the performance of its responsi- bilities as aforesaid to bedsbursed to the Agency or the Agency 's designee by requisition of the Agency as, in the manner and pursuance of the policy adopted by the City confirming such dis- bursement and distribution. All funds allocated under the terms of this Resolution shall be allocated solely and exclusively from grants of 1) federal funds, a portion of which are approved and available, but the majority of which are not yet approved and which are not anticipated to be approved and available until June 15-, 1976 unless authorized in writing by the United States Department of Housing and Urban Development, and 2) other governmental funds if sought and received for purposes of this Resolution. It is further an express condition of this Resolution that there shall be no entitlement to money to any person, firm or corporation by contract or otherwise arising out of or in pur- suance of the purposes, of this Resolution unless and until the d' funding required as hereinabove provided shall be assured. The sum of Seventy-Five Thousand ($75, 000. 00) Dollars having previously been allocated to the City by the United States Department of Housing and Urban Development in the pursuance of the City 's application therefor shall be reserved by the City for the use and benefit of the Agency in accordance with the provisions of this Section. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF MI.MMI BEACH, FLORIDA, that the City Manager and other officers of the City Administration are hereby authorized and directed: a) to do all things as are necessary and proper to apply for and seek to obtain the funds hereinbefore referred to including Federal and State and provide for the use and benefit of the Agency and in furtherance of the purposes of this Resolution; =b) to cooperate fully and work in conjunction with the Agency in order to aid and assist the Agency in discharging its duties and carrying out the responsibilities conferred upon it by Resolution No. 76-14961 and the Laws of Florida, including the - 2 - OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 entry into a lease agreement or lease agreements as may be necessary to provide appropriate office space wherein the Agency may carry out its functions , and to enter into agreements for all amenities necessary for the proper conduct of agency functions and to pay the costs thereof and from the funds available under the terms and conditions of this Resolution. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City Clerk of the City of Miami Beach are authorized and directed to enter into on behalf of the City of Miami Beach a contract with WURSTER, BERNARDI & EMMONS, INC. with the Miami Beach Redevelopment Agency previously referred to in the WHEREAS clauses above. PASSED and ADOPTED this 19th day of April , 1976. rte' �' ✓ � Mayor Attest: City lerk • - 3 - OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 ORIGINAL RESOLUTION NO. 76-15020 (implementing Miami Beach Redevelopment Agency; allocating and reserving Federal and other funds for planning purposes; authorizing execution of a contract between CMB, M. B. Redevelopment Agency, and Wurster, Bernardi & Emmons for provision of Planner/Manager services to M. B. Redevelopment Agency)