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HomeMy WebLinkAboutInterlocal Agmt MBRDA INTERLOCAL AGREEMENT AMONG CITY OF MIAMI BEACH, MIAMI BEACH REDEVELOPMENT AGENCY, MIAMI-DADE COUNTY, FLORIDA & THE CHILDREN'S TRUST, This Interlocal Agreement ("Agreement") is among the City of Miami Beach, Florida, (the "City"), the Miami Beach Redevelopment Agency (the "CRA"), Miami- Dade County, Florida (the "County") and The Children's Trust, Miami-Dade County (" The Trust"), an independent special taxing district, for the purpose of establishing the use of tax increment revenues to be derived from the imposition of a half mill tax levy by The Trust against real property located within the jurisdictions of the CRA (the "Trust Revenues"), WHEREAS, The Trust was established as a result of a county-wide referendum in which the electors of the County approved the creation of The Trust and its imposition of a not to exceed half mill tax levy against all non-exempt real property in Miami-Dade County for the purpose of funding improvements to children's health, development and safety and promoting parental and community responsibility for children who reside in Miami-Dade County; and WHEREAS, Chapter 163, Part III, Florida Statutes, also known as the Community Redevelopment Act of 1969 (the "Act"), provides for the creation of community redevelopment agencies and governs the use of moneys in the redevelopment trust funds created in accordance with the Act (each, a "Fund"); and WHEREAS, the City Commission accepted a delegation of powers from the Miami-Dade County Board of Commissioners (the "Board"), found a need for and created the CRA to have jurisdiction over all of its community redevelopment districts, declared members of the City Commission to be the members of the Agency, granted the Agency the power to exercise certain powers permitted by the Act to the extent delegated by the Board to the Agency and directed the initiation, preparation and adoption of community redevelopment plans by the Agency for its two community redevelopment districts known as City Center/Historic Convention Village and South Pointe ("CRA Districts"); and WHEREAS, the CRA has various series of community redev~opment reven~ bonds currently outstanding in the aggregate principal amount of $t.f'l.11tJl~. ,. (the "Bonds") issued under certain bond resolutions (the "Bond Resolutfons") to which _ the CRA has pledged all current and future tax increment revenues the CRA is entitled to receive pursuant to the Act from all non-exempt taxing authorities including tax increment revenues from any additional tax levies created subsequent to the issuance of the Bonds such as The Trust Revenues; and 2 WHEREAS, the City has pledged certain City revenues to the holders of the Bonds as a additional security for the Bonds; and WHEREAS. as .an independent special taxing district. The Trust is eligible to share in anv tax increment revenues not budgeted for a particular use and remaining at the end of the CRA's fiscal vear in the Fund established for each CRA community redevelopment district: and WHEREAS, the Board enacted Ordinance No. 03-210 (the "Ordinance") with an effective date of October 17, 2003 that established a policy that before the Board will consider any matter concerning a community redevelopment agency, including the approval of an annual CRA budget, a governing body such as the City shall first exempt The Trust pursuant to the Act from having to deposit its Trust Revenues with the community redevelopment agency; and WHEREAS, the City is unable to obtain review of its matters, including the CRA budget, by the Board because it cannot comply with the Ordinance without violating the CRA's pledges to the holders of the Bonds that requires all present and future tax increment revenues from each CRA District to be available for the repayment of debt service on the Bonds relating to such CRA District; and WHEREAS, the City, the CRA and the County wish to assist The Trust and to effectuate the will of the electorate by agreeing to remit The Trust Revenues to The Trust pursuant to the provisions of this Agreement; and WHEREAS, approximately ten percent (10%) of the ad valorem tax revenue collected in Miami-Dade County is from residents of the City and; WHEREAS, The Trust collects approximately $6 million in ad valorem tax revenues from the residents of the City which is ten percent (10%) of the ad valorem tax revenue it collects and; WHEREAS, there are children and families who reside in the City and are in need of the services described in The Trust's Strategic Framework 2003-2007 and there are a number of agencies which may provide quality services to these children and families if provided financial assistance; and WHEREAS, in exchange for the City's and the CRA's cooperation, The Trust will make funds available for children's programs within the City in the amount of The Trust Revenues annually upon the conditions set forth in this Agreement; and WHEREAS, the City, the CRA, the County and The Trust desire to enter into this Agreement in order to establish their cooperation and agreement with respect to the use of The Trust Revenues, 3 NOW THEREFORE, the parties agree as follows: Section 1. The recitals above are incorporated in Section I of this Agreement. Section 2. The City, the CRA and the County agree that the CRA shall: (i) use The Trust Revenues for debt service on, and other obligations relating to, the Bonds under the applicable Bond Resolutions only after all other tax increment revenues under the applicable Bond Resolutions have been exhausted for such purpose; and (ii) remit to The Trust on the last day of the CRA's fiscal year, all of the Trust Revenues that are not needed for debt service on, and other obligations relating to, the Bonds under the applicable Bond Resolutions and are eligible to be refunded pursuant to the Act, and the applicable Bond Resolutions. Section 3. The Trust will make available funds in the amount of Trust Revenues annually for programs and services to children and families within the City, through a competitive process, to the City and/or agencies and organizations that provide said.jJrograms and services within the City. However, in order to receive funding, the City and/or agency or organization must provide a program or service that falls within The Trust's funding priorities and quality standards. The City and/or agency or organization is in no way restricted from participating in, and shall not be prejudiced by, any and all other competitive funding opportunities offered by The Trust. Section 4. This Agreement shall be effective upon execution by all parties and shall continue for as long as The Trust is in existence and can levy ad valorem taxes. Section 5. This Agreement is made in the State of Florida and shall be governed according to the laws of the State of Florida. Proper venue for this Agreement shall be Miami-Dade County, Florida. Section 6. Any alterations, variations, modifications, extensions or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly approved and signed by both parties and attached to the original of this Agreement. Section 7. This Agreement is signed in four (4) counterparts, and each counterpart shall constitute an original of this Agreement. Section 8. This Agreement containli all the terms and conditions agreed upon by the parties. No other Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. If any provision of this Agreement is held invalid or void, the remainder ofthis Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective and duly authorized officers as of the day and year first above written. (SEAL) /'\ .1 I \ I, I ' / C)TY F A I BEACH, FLORIDA ! 4 ATTEST: \~~l ~ VCluiv- Robert Parcher, City Clerk ATTEST: Qt~ r{Ul~ Secretary ATTEST: ~~~ Co Gler~ . Qe Cor.14:/'.o " .6~' __. ,~(} "'If ~ ~ ,\>AlJ~"\."\ "-; \ . ~ ___ \\ c~ .. :::l COUNTY)I:Z: :0 I FT1? . .., '; ,?:/I " ~ · "" ~ Rl~ ,'/ ,'~; ~ ., 'I. _.....:;:/ ,-:...; . --..- ... .. =" z;. c" ."1'.....,~.. ... "...." ATTEST: ~) 1 . /I (;1 td/U."-L L. E CH REDEVELOPMENT AGENCY MIAMI-DADE COUNTY, FLORIDA .~c.(~ f Signa e of Au\korized Representative Print Name and Title THE CHILDREN'S TRUST, MIAMI DADE COUNTY o APPROVEO AS TO FORM & LANGUAGE & FOR EXECUTION /' f/r/ay Date Approved Veto Override Mayor Not '1n Agf;. .a Item No. 7(K) (1) (B) 7-27-04 RESOLUTION NO. R-973-04 IFFJCJAl fiLE copr CLERK Of THE BCARO If COUNTYCOMM/SSIONER~ 'DIDI COUMlY. FLORIDA RESOLUTION APPROVING TERMS AND EXECUTION OF INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY, CITY OF MIAMI BEACH, MIAMI BEACH REDEVELOPMENT AGENCY, AND THE CHILDREN'S TRUST FOR PURPOSE OF ESTABLISHING METHOD OF DISTRIBUTION OF TAX INCREMENT REVENUES DERIVED FROM CHILDREN'S TRUST ONE HALF MILL AD VALOREM TAX LEVY AGAINST REAL PROPERTY LOCATED WITHIN JURISDICTION OF MIAMI BEACH REDEVELOPMENT AGENCY WHEREAS, the Children's Trust ("Trust") was established as a result of a county-wide referendum in which the electors of Miami-Dade County approved the creation of the Trust and its imposition of a not to exceed one half mill tax levy against all non-exempt real property in Miami-Dade County for the purpose of funding improvements to children's health, development and safety and promoting parental and community responsibility for children who reside in Miami-Dade County; and WHEREAS, the Miami Beach Community Redevelopment Agency ("CRA") has jurisdiction over two community redevelopment districts located in the City of Miami Beach ("City") known as City Center/Historic Convention Village and South Pointe ("CRA Districts"); and WHEREAS, the CRA has various series of community redevelopment revenue bonds currently outstanding in the aggregate principal amount of $94,890,000 (the "Bonds") issued under certain bond resolutions (the "Bond Resolutions") to which the CRA has pledged all current and future tax increment revenues the CRA is entitled to receive pursuant to the Act from all non-exempt taxing authorities, like the Trust, created subsequent to the issuance of the Bonds; and Not On Agenda Item No. 7 (K) (1 Page No.2 WHEREAS, the Board enacted Ordinance No. 03-210 (the "Ordinance") that established a policy that before the Board will consider any matter concerning a community redevelopment agency, including the approval of an annual budget, a community redevelopment agency and/or . governing body such as the City shall first exempt the Trust pursuant to the Act from having to remit its tax revenues generated within a conununity redevelopment district to the conununity redevelopment agency; and WHEREAS, the City is unable to obtain review of its matters, including the its annual budget, by the Board because it cannot voluntarily exempt the Trust in order to comply with the Ordinance without violating the CRA's pledges to the holders of the Bonds that requires all present and future tax increment revenues from each CRA District to be available for the repayment of debt service on the Bonds relating to such CRA District; and WHEREAS, the City, the CRA and the County wish to assist the Trust and to effectuate the will of the electorate by agreeing to enter into an interlocal agreement ("Interlocal Agreement'') in substantially the form attached as Exhibit "A" for the purposes set forth in the accompanying County Manager's memorandum which is incorporated in this Resolution by reference with respect to a method for distributing the Trust tax revenue; and WHEREAS, in exchange for the cooperation from the City and the CRA, the Trust will make funds available for children's programs within the City in the amounts and upon the conditions set forth in the Agreement; and WHEREAS, this Board wishes to approve the form of the Agreement and authorize its execution by the County Manager after review by the County Attorney's Office, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that: Section I. Not Agena...lemNo.7(K)(l)(B) Page No.3 The matters contained in the foregoing recitals are incorporated in this resolution by reference. Section 2. The Board approves the terms of the Interlocal Agreement in substantially the form attached,to this resolution as Exhibit "A" and authorizes the County Manager to execute it after review by the County Attorney's Office. Section 3. The provisions of Resolution No. 377-04 pertaining to the effective date of County contracts is waived with respect to the Agreement. The foregoing resolution was offered by Commissioner Demris C. Moss , who moved its adoption. The motion was seconded by Commissioner Joe A. Martinez and upon being put to a Yote, the vote was as follows: Dr. Barbara Carey-Shuler, Chairperson aye Katy Sorenson, Vice-Chairperson aye Bruno A. Barreiro aye Jose "Pepe" Diaz aye Betty T. Ferguson aye Sally A. Heyman aye Joe A. Martinez aye Jimmy L. Morales aye Dennis C. Moss aye Dorrin D. Rolle aye Natacha Seijas absent Rebeca Sosa aye Sen. Javier D. Soutoaye The Chairperson thereupon declared the resolution duly passed and adopted this 27th day of July, 2004. This resolution shall become effective ten (10) days after the date of its adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. . " - .~ .:' P-- I~.~:;:-;;i]~~;::~~.:'~(;~\, ;.- // ':---,"' --z:.. t~ . <. i; '-0,;",1'1 I rTl' :~ :.") \!.'~:.---- ~ ~ '.0 <0 .\ . <,) ~J -..rJ.,. '* 'It- ../ .~ ~:J' . ~ ~...... 04;01 MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK Approved by County Attorney as to form and legal sufficiency. ~ By: KAy SULLIVAT'''~ Deputy Clerk Gerald T. Heffernan . MEMORANDUM Not On Agenda Item No. 7(K)(1)(B) TO: Honorable Chairperson Barbara Carey-Shuler, Ed.D. and Members, Board of County Commissioners ~-r- Geor ~ C nty Manage< DATE: July 27, 2004 FROM: SUBJECT: Agreement with City of Miami Beach, Miami Beach Redevelopment Agency and the Children's Trust RECOMMENDATION It is recommended that the Board of County Commissioners adopt the accompanying resolution that approves the form of the attached interlocal agreement ("Agreement") with the Miami Beach Redevelopment Agency ("CRA"), the City of Miami Beach ("City"), and the Children's Trust ("Trust") and authorizes its execution by the County Manager. This Agreement provides for the distribution of tax increment revenues derived from the imposition of a one half mill tax levy by the Trust against real property within the jurisdiction of the CRA. BACKGROUND The CRA administers the South Point Tax Increment District (created in 1973) and the City Center/Historic Convention Tax Increment District (created in 1992) established under provisions of Chapter 163, part III, Florida Statutes ("Act"). The Trust was established in 2003 as a result of a county-wide referendwn in which the electors of the County approved its creation and imposition of a not to exceed one half of a mill ad valorem tax levy against all non-exempt real property in Miami-Dade County for the purpose of funding improvements to children's health, development and safety and promoting parental and community responsibility for children who reside in Miami-Dade County. On October 17, 2003, the Board enacted Ordinance No. 03-210 ("Ordinance") that established a policy that before the Board will consider any matter concerning a community redevelopment agency, including the approval of an annual budget, a community redevelopment agency and/or a governing body such as the City shall first exempt the Trust pursuant to the Aet from having to remit its tax revenues generated within a community redevelopment district to the community redevelopment agency. The CRA has various series of community redevelopment revenue bonds currently outstanding in the aggregate principal amount of $94,890,000 (the "Bonds") issued under certain bond resolutions (the "Bond Resolutions") to which the CRA has pledged all current and future tax increment revenues the CRA is entitled to receive pursuant to the Act from all non-exempt taxing authorities, like the Trust, created subsequent to the issuance of the Bonds. Hon. Chairperson Barba. ':arey-Shuler, Ed.D. and Members, Board of County Commissioners Page 2 The CRA would be unable to obtain review of its matters, including the its annual budget, by the Board because it cannot voluntarily exempt the Trust in order to comply with the Ordinance without violating the CRA's pledges to the holders of the Bonds that requires all present and future tax increment revenues from each CRA District to be available for the repayment of debt service on the Bonds relating to such CRA District. While the City, the CRA and the County all wish to assist the Trust and to effectuate the will of the electorate, the provisions of the Agreement provide a mechanism by which the Trust first remits its statutorily required revenue payment to the CRA, and then the CRA, after having made its annual debt service payment to bond holders, will remit back only to the Trust (instead of a pro-rata distribution to the Trust, the City and the County), on the last day of its fiscal year, all of the Trust tax revenues that are not needed for debt service relating to the outstanding Bonds. By being a party to the Agreement, the County agrees to permit its pro rata share in the refunding of the tax revenues of the Trust pursuant to the Act to be included in Ihe annual payment by the CRA to the Trust of all Trust tax revenues not needed for debt service. It also acknowledges that the CRA is in compliance with the Ordinance. In exchange for the City's and CRA's cooperation, the Trust will make available funds in the amount of Trust Revenues annually for programs and services to children and families within the City, through a competitive process, to the City and/or agencies and organizations that provide said children programs and services within the City. The Trust, while collecting approximately $ 6 million from residents in the City, including approximately $ 1 million from within the CRA's jurisdiction, is thus agreeing to spend at least $ I million on programs in the whole City. There is no fiscal impact to the County compared to the CRA voluntarily exempting the Trust's ~ mills. Attachment 8 MEMORANDUM (Revised) TO: Ron. Chairperson Barbara Carey-Shuler, Ed.D. DATE: and Members, Board of County Commissioners July 27, 2004 tW~~ FROM: Robert A. Ginsburg County Attorney Not On SUBJECT: Agenda ltem No. 7 ( K) ( 1 ) ( Please note any items checked. ~ "4-Day Rule" ("3-Day Rule" for committees) applicable If raised 6 weeks required between fint reading and public hearing 4 weeks notification to municipal officials required prior to public bearing Decreases revenues or increases expenditures witbout balancing budget Budget required Statement of fiscal impact required Bid waiver requiring County Manager's written recommendation Ordinance creating a new board requires detailed County Manager's report for public hearing Housekeeping item (no policy decision required) No committee review