Resolution 80-16248 RESOLUTION NO. 80-16248
A RESOLUTION DETERMINING THE NEED FOR LAND
AND WATER CONSERVATION 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
INTERIOR' S HERITAGE CONSERVATION AND RECREATION
SERVICE AND WITH FLORIDA' S DEPARTMENT OF
NATURAL RESOURCES, EMPOWERING THE CITY MANAGER
TO EXECUTE AND SUBMIT SUPPLEMENTS, AMENDMENTS
AND SUPPORTING DATA TO SAID APPLICATION;
CERTIFYING THAT THE CITY WILL COMPLY WITH
ASSURANCES REQUIRED OF ALL LAWCON RECIPIENTS
BY THE UNITED STATES DEPARTMENT OF INTERIOR
AND STATING THE INTENT OF THE CITY TO ENTER
INTO AN AGREEMENT WITH THE MIAMI BEACH RE-
DEVELOPMENT AGENCY FOR THE ADMINISTRATION
OF SAID LAWCON GRANT FUNDS .
WHEREAS, the City of Miami Beach has hereinbefore entered into
an extensive program of community development which includes
within its scope 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 re-
development of the referred to blighted area, is the proper and
adequate funding of the development of public improvements in
the Redevelopment area, and particularly for purposes of this
Resolution in that portion of the Redevelopment area which has
been and is referred to as the development of the Linear Park
System in Phase I of the Redevelopment Plan; and
WHEREAS, the U. S. Department of Interior' s Heritage Conservation
and Recreation Service has instituted and conducts a continuing
grant program known and referred to as the Land and Water
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Conservation Fund Program (LAWCON) , whereby funds are made
available to local governments for purposes of acquisition
and development of public outdoor recreational areas and
facilities; and
WHEREAS, the City Commission has found and does hereby find
that the application for, receipt of and use of said LAWCON
funds will assist in, expedite and strengthen the City' s
efforts in redevelopment 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 com-
pletion 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 federal matching sum of
$629 , 805 . 00 will be required and it is , further, found that the
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use of Federal LAWCON funds for the construction and development
for said public improvements and public facilities is an
appropriate and proper use of Federal LAWCON funds and will
serve the best interest of the public health, welfare, safety,
and morals of the residents of the City of Miami Beach.
(a) Description of Phase I "Linear Park" System
The area encompassing the proposed "Linear Park"
is bounded approximately by First Street on the South, Michigan
Avenue and the new proposed canal on the East, Fifth Street on
the North, and Alton Road on the West; the total land area con-
tained in the proposed "Linear Park" being 3 . 0 acres , more or
less, all located within Phase I of the Redevelopment area of
the City of Miami Beach.
(b) The purpose and proposed use of Federal LAWCON
funds are as follows:
All of the LAWCON 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
in the proposed 3. 0 acre "Linear Park" System. The City of Miami
Beach will be the direct recipient of the LAWCON funds and the
improvements which they will partially pay for. The items which
will be partially financed by the City of Miami Beach with the
subject LAWCON funds will be:
1. Demolition of existing structure and utility
relocation.
2 . Site preparation including cut, fill, compact,
fine grading, electrical, water distribution
and rip rap.
3 . Landscaping, installation of irrigation system
and placement of topsoil.
4 . Construction of bike path and public walkways .
5 . Construction of fountain area and overlook decks .
6 . Construction of lighting.
7. Installation of railings , benches , drinking
fountains , trash receptacles , graphics and
public art.
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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 authorization and direction to
the City Manager, and certification by the Commission that
it will comply with requisite assurances and declaration 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 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 said Application. The
City Manager is further empowered to approve, execute and super-
vise the processing of all supplements , 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 res-
ponsibilities , said City Manager shall be empowered to consult
with the City Attorney, consult with the Miami Beach Redevelop-
ment 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 Appli-
cation be processed as rapidly, effectively, and expeditiously as
is possible in order that the funds applied for may be obtained
and utilized for the proposed purposes hereof.
(b) Certification of Compliance.
Attached hereto, and made a part of this Resolution
and referred to as Exhibits B and C, are a Declaration of 14
Assurances and a Assurance of Compliance For (DI1350) required
by the U.S. Department of Interior' s Heritage Conservation and
Recreation Service as part of the Land and Water Conservation
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Fund Grant program. The City of Miami Beach does hereby
certify that in the performance of its responsibility and
use of the LAWCON funds that it will comply with all 14
Assurances and in the Assurance of Compliance Form (D11350)
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 LAWCON Funds .
The funds which are the subject matter of this
Resolution are intended to be used exclusively with the area
known as the proposed "Linear Park" system in 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 responsibility of planning and implementing the City-
approved Redevelopment Plan, the City finds and determines that
it is proper that the Miami Beach Redevelopment Agency be the
"arm" of municipal government 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 staff an agreement
whereby the Miami Beach Redevelopment Agency will undertake
and agree to administer the aforesaid funds .
PASSED AND ADOPTED THIS 9th DAY OF APRIL 1980
MA s '
ATTEST:
(SEAL)
4,4040;4€ 51/d".... 04•AP
City Clerk
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ORIGINAL
RESOLUTION NO. 80- 16248
(Authorizing City Manager to execute Lawcon
Grant Application re South Shore Redevelop-
ment Plan "Linear Park" system) i
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