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.
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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
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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.
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(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
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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 "
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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 .
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MAYOR
ATTEST:
CITY.. CLERK
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(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
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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-
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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 =
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• 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.
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(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 :.
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(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;
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U.S. DEPARTMENT OF HOUSING AND URBAN DE.ELOPa1ENT
URBAN DEVELOPMENT ACTION. GRANT PROGRAM .
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• 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.
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(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; . -
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(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
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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
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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
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(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 .
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(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.
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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
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in, be denied the benefits of, or be subjected to discrimination
under. any program or activity funded in whole or in part with Title
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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.)
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