Legislative Matter

Miami-Dade Legislative Item
File Number: 051471

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File Number: 051471

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-595-05

Control: County Commission

File Name: ADMIN. RULES & INTERLOCAL AGMT. FOR BUILDING BETTER COMMUNIT

Introduced: 5/13/2005

Requester: County Manager

Cost:

Final Action: 5/17/2005

Agenda Date: 5/17/2005

Agenda Item Number: 14A10SUBSTITUTE

Notes:

Title:

RESOLUTION APPROVING ADMINISTRATIVE RULES REGARDING DISTRIBUTION OF BUILDING BETTER COMMUNITIES BOND PROCEEDS TO BENEFICIARIES OTHER THAN COUNTY; APPROVING FORM OF INTERLOCAL AGREEMENT AND 501 (C)(3) AGREEMENT AND AUTHORIZING COUNTY MANAGER TO FINALIZE, DELIVER AND EXECUTE SUCH AGREEMENTS FOR EACH DISTRIBUTION TO A BENEFICIARY [SEE ORIGINAL ITEM UNDER FILE NO. 051050]

Indexes:	INTERLOCAL AGREEMENT
	GENERAL OBLIGATION BOND PROGRAM

Sponsors:

NONE

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	5/17/2005	14A10 SUBSTITUTE	Adopted				P

County Attorney	5/16/2005		Assigned	Gerald T. Heffernan		5/16/2005
REPORT:	"NED"

County Manager	5/16/2005		Additions		5/17/2005

County Manager	5/13/2005		Assigned	Bill Johnson	5/13/2005

County Manager	5/13/2005		Assigned	County Attorney	5/17/2005
REPORT:	County Manager………….Exhibit A-C

Committee of the Whole	5/10/2005	Special Item No. 1 AMENDED	Forwarded to BCC with a favorable recommendation as amended				P
REPORT:	Commissioner Barreiro recommended Appendix A to Special Item No. 1 be changed to add a representative from the Historic Preservation Board as a member of the Economic Development Fund (EDF) Project Review Committee; and that all funding sources outlined in the Building Better Communities General Obligation Bond Program Administrative Rules Specified Project Allocations under Section 7 entitled, “Eligibility Requirements” be consistent; and that all funding recommendations be reviewed by the EDF Project Review Committee, the County Manager, the General Obligation Bond (GOB) Subcommittee, and then submitted for final approval by the Board of County Commissioners. In response to Commissioner Barreiro’s comments, Mr. Roger Hernstadt stated a supplemental report would be provided clarifying and outlining how the funding recommendations would be considered. Following a discussion of the project list for the first bond sale, Commissioner Seijas requested a status report on the list of projects for the first Building Better Communities General Obligation Bond Program Series 2005 sale. County Manager George Burgess stated, in response to Commissioner Seijas’ request, that staff would report to the Board when project lists originated, any changes to the lists and when the County Commission approved the lists. In response to Commissioner Rolle’s inquiry regarding whether the Miami-Dade County’s Strategic Plan was disseminated to community based organizations, Mr. Hernstadt stated that he would meet with Commissioner Rolle later to response to his question. Commissioner Jordan noted after receiving the report she requested on the “old water and sewer system” in Commission District 1 she may have to revisit the GOB program project list for District 1. Chairman Martinez stressed the need for staff to adhere to the Administrative Rules and the timelines for completion of the Building Better Communities Bond Program projects. Assistant County Attorney Heffernan advised the Committee that the GOB proceeds could only be used for capital projects. The Committee of the Whole forwarded the foregoing proposed resolution with a favorable recommendation with amendment to Appendix A to add the Historic Preservation Board and to clarify that all funding applications shall be reviewed by the GOB Subcommittee and submitted to the Board of County Commissioners for final approval.

Legislative Text

TITLE
RESOLUTION APPROVING ADMINISTRATIVE RULES REGARDING DISTRIBUTION OF BUILDING BETTER COMMUNITIES BOND PROCEEDS TO BENEFICIARIES OTHER THAN COUNTY; APPROVING FORM OF INTERLOCAL AGREEMENT AND 501 (C)(3) AGREEMENT AND AUTHORIZING COUNTY MANAGER TO FINALIZE, DELIVER AND EXECUTE SUCH AGREEMENTS FOR EACH DISTRIBUTION TO A BENEFICIARY

BODY

WHEREAS, it is in the best interest of the citizens of Miami-Dade County ("County") and each beneficiary of the Building Better Communities Bond Program that the selection of projects and the disbursement of bond proceeds from each series of general obligation bonds be clearly delineated in a set of administrative rules and;

WHEREAS, a beneficiary of the Building Better Communities Bond Program may include a municipality or a not-for-profit corporation ("Beneficiary") in addition to the County so it is necessary for this Board to approve the form of an Interlocal Agreement or a 501 (c)(3) Agreement to be used when disbursing bond proceeds to a Beneficiary; and

WHEREAS, this Board wishes to delegate to the County Manager the authority to finalize and execute an Interlocal Agreement or a 501 (c)(3) Agreement each time bond proceeds are disbursed to a Beneficiary after consultation with the County Attorney's Office and Bond Counsel,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that
Section 1. The administrative rules regarding the distribution of bond proceeds from the Building Better Communities Bond Program are approved in the form attached to this resolution as Exhibit "A", with such changes and revisions that may be made by the County Manager after consultation with the County Attorney's Office and Bond Counsel.

Section 2. The County Manager is authorized to execute and deliver an appropriate agreement for municipalities or 501 (c)(3) entities in the form attached as Exhibit "B" or Exhibit "C" to this resolution, with such changes and revisions that may be made by the County Manager after consultation with the County Attorney's Office and Bond Counsel, each time bond proceeds from the Building Better Communities Bond Program are distributed to a Beneficiary.

HEADER
Date: May 17, 2005

To: Honorable Chairman Joe A. Martinez
And Members, Board of County Commissioners

From: George M. Burgess
County Manager

Subject: Resolution for Administrative Rules and Interlocal Agreement for the Building Better Communities Bond Program

This substitute incorporates changes to Exhibit "A", the Administrative Rules approved by the Committee of the Whole to clarify that all funding applications shall be reviewed by the GOB Sub-committee and presented to the Board of County Commissioners for final approval and the addition of the Historic Preservation Board to Appendix "A".

STAFF RECOMMENDATION

It is recommended that the Board adopt the attached resolution authorizing the County Manager to establish the Administrative Rules for the Building Better Communities Bond Program. Additionally, this resolution approves the Interlocal and 501 (c)(3) Agreements for distribution to each beneficiary.

MANAGER'S BACKGROUND

On November 2, 2004 the voters of Miami-Dade County approved a $2.9 billion General Obligation Bond Program that will finance over the next 15 years more than three hundred (300) capital projects, some of which will be built by the municipalities and other external stakeholders. This resolution establishes the Administrative Rules for the Building Better Communities Bond Program and allows the County to proceed as scheduled with the first bond sale this summer. Also, included in this resolution as Exhibit "C" are the forms for the Interlocal Agreement for municipalities and the 501 (c)(3) entities that will be entered into by Miami-Dade County and all beneficiaries of this bond sale.

_____________________________
Assistant County Manager