Legislative Matter

Miami-Dade Legislative Item
File Number: 151256

Printable PDF Format

Clerk's Official Copy

File Number: 151256

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 15-62

Control: Board of County Commissioners

File Name: MIAMI WORLD CENTER CDD

Introduced: 5/26/2015

Requester: NONE

Cost:

Final Action: 7/14/2015

Agenda Date: 7/14/2015

Agenda Item Number: 5B

Notes:

REQUIRES 6WKS/4 WKS BTWN 1ST READING & PUBLIC HEARING

Title:

ORDINANCE GRANTING PETITION OF MIAMI FIRST, LLC, MIAMI SECOND, LLC, MIAMI THIRD, LLC, MIAMI FOURTH, LLC, MIAMI A/I, LLC, AND FORBES MIAMI NE 1ST AVENUE LLC, FOR ESTABLISHMENT OF A COMMUNITY DEVELOPMENT DISTRICT; CREATING AND ESTABLISHING MIAMI WORLD CENTER COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR NAME, POWERS AND DUTIES; PROVIDING DESCRIPTION AND BOUNDARIES; PROVIDING INITIAL MEMBERS OF BOARD OF SUPERVISORS; ACCEPTING PROFERRED DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE

Indexes:

COMMUNITY DEVELOPMENT DISTRICT

Sponsors:

Audrey M. Edmonson, Prime Sponsor

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	7/14/2015	5B	Adopted				P
REPORT:	First County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Chairman Monestime opened the public hearing on the foregoing proposed ordinance, and the following persons appeared: Chairman Monestime relinquished the Chair to Vice Chairman Bovo. Mr. James Kohnstaman, Beacon Council, 80 SW 8th Street, Miami, Florida, noted he was present to express the Council’s support for the Miami World Center Community Development District (World Center project). He stated that, as the official partner for economic development, the Beacon Council was charged with attracting job-generating investments to Miami-Dade. Mr. Kohnstaman noted this project had a comprehensive economic impact analysis that forecast over 18,000 direct and indirect jobs in the first phase of the project, and over $2 billion of new private sector investment; local participation in new job creation was guaranteed with priority being given to the immediate neighborhood residents, and those residing in the core zip code areas of Miami-Dade; the project was expected to generate more than $1 billion in economic impact in Downtown Miami. He stated that the Beacon Council was proud to support this project with such enormous potential in job stimulation, creation and economic growth in Miami and the surrounding communities. Mr. James Valsaint, 17305 NW 12th Court, Miami Gardens, noted he was born and raised in Liberty City. He stated that he did not oppose the World Center project; rather, he asked that the jobs created by this project be given to the people most affected by it, and most in need of employment – the residents of Overtown, Liberty City, and Miami Gardens. He asked for a Labor Peace Agreement that would give the employees the right to organize. Mr. Matthew Land, Political Director, Southeast Laborers District Council, 14 NE 1st Ave., Suite 1200, Miami, Florida, noted he was in support of the World Center project. He said he appreciated the willingness of the general contractor to meet with the other contractors, and looked forward to working with them. He referred to his organization’s success in facilitating the recruitment of over 90 percent of workers from Miami-Dade for the Port Miami Tunnel project; and said his organization had the same commitment for the World Center project. Mr. Juan Cuba, 253 NE 2nd Street, Miami, Florida, said that while he respected the commissioners, he believed that at the June 30, 2015 Board of County Commissioners (BCC) meeting, the members of the public who attempted to speak were attacked because they were not Overtown residents. Mr. Cuba stated that this type of intimidation discouraged members of the public from speaking on issues of concern, and served to silence them. He said that even though he was not from Overtown, the World Center project was part of a pattern of the wealthy creating their own rules at the expense of the working poor. He asked that the mid-town and Overtown projects be treated in the same manner. Mr. BJ Chiszar, 2060 NE 194th Terrace, Miami, Florida, noted he was opposed to the World Center project. He expressed concern that the creation of 6800 new housing units would double the population of historic Overtown. Mr. Chiszar said he was hopeful that the 1/3 of lower wage jobs that had been promised would materialize and that 75 percent of workers for this project would be hired from local talent. He stated that Overtown was in need of direct investment. Mr. Chiszar said he believed that this project represented the beginning of the gentrification of Overtown, and he asked the Board members to reject this proposal. Mr. Curtis Hierro, 11643 NE 11th Place, Miami, Florida, noted this matter was very personal to him as he grew up in this community and had to move numerous times. He said that many people in this community had been displaced by poverty and intentional gentrification. Mr. Hierro referred to Overtown as a cultural mecca for Black Miami, and said that Miami residents should be alarmed by the wave of gentrification that had occurred in this historic neighborhood over the past 30 years, systematically destroying a culture that had been instrumental in building this city. Mr. Hierro warned that without a Community Benefits Agreement the residents of Overtown would be displaced and would not be hired for the jobs generated by this project. Mr. Francois Alexandre, 1060 NE 2nd Street, Apt. 2, Miami, Florida, expressed concern with the lack of representation for the community. He recalled previous projects whose developers had promised to hire locally; however, these jobs never materialized. He requested that the Board members enforce the local hiring policy in connection with the World Center project; and that the residents of Overtown, Liberty City and Miami Gardens be trained to assume these positions. Ms. Renita Holmes, 350 NW Lebrae Place, Miami, Florida, noted she was a resident of Overtown and a business owner. She spoke about various issues affecting Black women in Overtown. Mr. Maurice Darling Jr., 6016 NW 24th Ave., Miami, Florida, noted he was born and raised in Miami, and lived in various neighborhoods. He stated that the residents of Overtown should be given the priority when hiring for the jobs generated by this project. Ms. Berlinda Faye Dixon, 1720 NW 1st Place, #2, Miami, Florida, noted she was a member of the Miami Workers’ Center and a resident of Overtown currently displaced from her apartment. She said she was against moving forward with the World Center project until the developer agreed to a comprehensive Community Benefits Agreement, which should include child care for women workers, affordable housing, free Wi-Fi, and investing in the residents of Overtown. Ms. Wendi Walsh, 152 NE 89th Street, El Portal, Florida, Principal Officer, Unite Here Local 355, representing hospitality workers throughout the County, commended Commissioner Hardemon and the Southeast Overtown/Park West Community Redevelopment Agency (CRA) for negotiating local hiring language and enhanced living wages for the construction jobs. She stated that the union would continue to advocate for quality permanent jobs through the World Center project; comprehensive job training; a commitment to local hiring; and a Labor Peace Agreement that gave workers the opportunity to secure good jobs. Mr. Adrian Madriz, 1841 NW 1st Court, Miami, Florida, noted he was an Overtown resident, and believed that he was completely integrated in that neighborhood. He questioned the quality of life in this community once the World Center was built. He urged the Board members to help preserve the character and charm of that neighborhood, and expressed doubt that the World Center would contribute to that. Mr. Carlos Ramos, 2825 SW 3rd Ave., Miami, Florida, Field Director, South Florida AFL-CIO, read a letter from President Andy Madtes, listing the various organizations and agencies that supported the project; commending Commissioner Hardemon for negotiating an increase in the living wage; urging the creation of workforce development programs; and expressing concern regarding Unite Here Local 355 being unable to secure a Labor Peace Agreement. Bishop James Adams, 1398 NW 3rd Ave., Miami, Florida, noted the members of the public speaking with the Board today (7/14) represented concerned residents from Little Haiti, Little Havana, Miami Gardens, community activists and labor union representatives, who were standing in solidarity with residents of Overtown. Bishop Adams said he looked forward to the completion of the World Center project; however, he expressed concern that there was nothing legally binding regarding local hiring, living wages, and job training. He stressed that women also needed to be paid fair wages. Mr. Umi Selah, 280 NW 46th Street, Miami, Florida, noted he was an organizer for the Dream Defenders, a member organization of the coalition fighting for a better contract from the World Center project. He said the members of the coalition were fighting for jobs that would allow people to put food on their tables, and a roof over their heads; and they were in favor of developments in Overtown that would benefit the community. Ms. Daniella Sarzck, 8175 NW 8th Street, Miami, Florida, noted she was born and raised in Miami, and she was opposed to the World Center project. She referred to previous projects that were not for the benefit of the residents. She asked for permanent good jobs for the residents of Overtown, the right to unionize, and real investment in the community, including Wi-Fi, and child care for the women workers. Mr. Christopher Rice, 445 NW 4th Street, Apt. 509, Miami, Florida, asked that jobs be provided to the Overtown, Little Haiti, and Miami Gardens residents. Ms. Rosa Lee Whiley, 2901 NW 164 Street, Miami, Florida, noted she was born and raised in Overtown and was currently a resident of Miami Gardens. She lamented that gentrification had forced her to move a number of times. She urged the Board members to do everything in their power to ensure a decent life for the people who lived in these communities. Ms. Rosana Araujo, 6850 W 14th Court, #B9, Hialeah, Florida, noted she was a member of the Miami Workers’ Center; she was attending this meeting with the coalition of residents from Overtown and Liberty City; and she was representing the Latin community. Ms. Araujo stated that the community members worked very hard and paid taxes, which were used to fund these big projects. Subsequently, she lamented, the residents of these neighborhoods were displaced and forced to move. Ms. Araujo inquired whether the community members or the developers were benefitting from these projects. Ms. Jamaica Reddick, 1525 NW 167th Street, Apt. 450, Miami, Florida, noted she was a member of the Dream Defenders. She said that she attended the meeting today (7/14) to voice her concerns regarding the permanent jobs that would be generated by the World Center project. Ms. Reddick urged the Board members to invest in the community by demanding jobs for the women of Overtown, free Wi-Fi, a community fund for child care, as well as legal and employment services. Mr. Steven Pargett, 11065 NE 2nd Ave, Miami, Florida, noted Overtown was a famous Black cultural mecca. He stated that the people were upset about the world Center project, just as they were about the Marlins Stadium, and asked the Board members to reach a better deal with the developer. Mr. Frank D’Angelo, 2849 NW 27th Ave., Oakland Park, Florida, urged the Board members to ensure that responsible wages were paid for this project, which was potentially the second largest development project in the country currently; and to demand that local workers were trained and hired for the project. Mr. Pierrot Mervilier, 15045 NE 6th Place, North Miami Florida, noted in 1896, when the residents of this County voted to incorporate Miami, they wanted to have one Miami; unfortunately, this city was split in two, the peaceful East side, and the turbulent West side. He urged the Board members to work to unify Miami; to demand a Community Benefits Agreement for the World Center project; and to insist that women and young people were hired. Ms. Gail Feldman, 2127 Brickell Avenue, Miami, Florida, noted she was representing the Brickell Homeowners Association and was here to speak on behalf of the World Center project. She stated that this project promised to bring blighted streets alive, create thousands of jobs, generate over $1 billion, decrease reliance on cars, and connect Museum Parks with Overtown. Ms. Alyce Robertson, Executive Director, Miami Downtown Development Authority (DDA), 200 S. Biscayne Boulevard, Miami, Florida, said she was speaking on behalf of the DDA. She pointed out that the World Center project would be in a pivotal part of Miami; only a project of this size and scope would bring the critical mass to connect the Miami Arena site, the Downtown Conference Center, All-Aboard Florida, and Miami Central Station; it was adjacent to Overtown and would be critical to the economic revitalization of the downtown area. Ms. Vera Brownlee, 804 NW 5th Ave., Miami, Florida, noted she was in support of the World Center project, and urged the Board members to pass the ordinance. Mr. Bill Riley, President, South Florida Building Trades and Construction Trades Council, 1657 NW 17th Ave., Miami, Florida, noted the developer’s representative, Mr. Motwani, met with Council members, and assured them that he understood the value of having a qualified, skilled workforce for this project; and that the Council’s contractors and workers would have an equal opportunity to participate in this project. Mr. Riley said Council members believed that this was a good start, and were in support of the World Center project. Mr. Clarence Woods, Executive Director, Southeast Overtown/Park West CRA, 819 NW 2nd Ave., Miami, Florida, noted his agency was tasked with redeveloping Overtown. He pointed out that redevelopment was not made in a vacuum, and that the agency had reached out to the residents to inform them of this project. Mr. Woods said he believed that the CRA had done its best to secure jobs for the Overtown residents; however, he emphasized that the World Center would not solve all of Overtown’s ills. Mr. Charles Haynes, 219 NW 14th Street, Miami, Florida, noted he had been a resident of Overtown for 52 years. He expressed his support for the World Center project, and said that the developer had 11 meetings with the residents. Mr. Haynes distributed a copy of the Miami Times newspaper, which described a job fair that was held in Overtown and was attended by 500 people. He said the residents of Overtown were not interested in having Wi-Fi; they were simply asking for jobs. Mr. Jose Gonzalez, Senior Vice President, Florida East Coast Industries, 2855 Le Jeune Road, Coral Gables, Florida, noted he was here on behalf of All-Aboard Florida, and expressed his support for the World Center project. He stated that All-Aboard Florida was investing in infrastructure that would benefit the State of Florida, and highlighted the importance of connecting South Florida and Central Florida. Mr. Gonzalez stated that both All-Aboard Florida and the World Center developers met with the Overtown residents, who wanted the development of meaningful infrastructure and the opportunity for jobs. Mr. Andre Williams, Vice President, Overtown Business Association, 175 NW 14th Street, Miami, Florida, noted he lived in Overtown, and the residents of that neighborhood needed not only jobs but economic empowerment, as well. He said that out of all of the developers who had come to Overtown, the World Center developer impressed him the most, because he took the time to meet with the residents. Mr. Williams asked the Board members to listen to the residents of Overtown and empower them by voting in favor of this project. Ms. Deborah Roberts, 1804 NW 5th Place, Miami, Florida, noted she was born and raised in Overtown. She said there had been several deaths in her family, and some of her family members were thinking of moving from the neighborhood because the situation had become hopeless. Ms. Roberts stated that the residents of Overtown needed more jobs and fewer killings. Ms. Gail Jones, 225 NW 22th Street, Apt. 203, Miami, Florida, noted she was an Overtown resident, but was displaced from her neighborhood after being made redundant from her job, and being unable to secure permanent employment since then. Ms. Jones said that the residents of Overtown simply wanted to have the opportunity to make a living. Rev. Denrick Rolle, Rector, St. Agnes Episcopal Church, 1750 NW 3rd Ave, Miami, Florida, expressed the hope that the Board members would do their utmost to ensure that the developer was held accountable; and would be subject to penalties in the event his promises were not fulfilled. Ms. Kit Rafferty, South Florida Voices for Working Families, 1671 NW 16th Terrace, Miami, Florida, noted she was opposed to the development of the World Center project. She referred to Bayside, Jungle Island and the Marlins Stadium, which did not produce the promised jobs. She emphasized that the best form of economic development was a good pay check. Miami City Commissioner Keon Hardemon appeared along with Mr. Qentin Stayns (1601 NE 1st Court, Miami, Florida), who represented the residents of Overtown. He stressed that the deal that was being discussed would generate resources for the Overtown community. He pointed out that all of the money raised by the CRA had been invested into this neighborhood. Commissioner Hardemon noted the members of the public at today’s (7/14) meeting in the white T-shirts represented Overtown; not those who were wearing black T-shirts. He stated that the World Center project was the best deal that could have been reached for this community. Mr. Michael Sadov, 3501 Magellan Circle, #635, Aventura, Florida, stated that the World Center project had provided him the opportunity to be employed. He pointed out that the jobs were already materializing, and he expressed his support for this project. Ms. Peggy Fucei, 60 SW 13th Ave., #5014, Miami, Florida, said she decided to attend this meeting today (7/14) to express her support for the World Center project because it was so exciting for this community, and eagerly anticipated. Ms. Vivian Cepero, 1650 Galeano Street, Coral Gables, Florida, said she was born and raised in Miami and she was excited about the World Center project. She pointed out that it was going to be built in an area that had been neglected for a long time. She expressed her support for this project, noting this was a wonderful opportunity for the Overtown residents to improve their lives. Mr. Sergio Mannarino, 60 SW 13th Street, #5212, Miami, Florida, noted for the past few years he was involved deeply with this project, and he had already witnessed some of the benefits that it would generate, including the creation of jobs. He said he was happy to be part of the transformation of the area, and was proud to be working with this developer who cared deeply for the community. Ms. Synithea Lawson, 1843 NW 1st Court, Miami, Florida, noted she was a resident of Overtown, and was in favor of the World Center project. However, she described some of the problems facing the residents of that community, including drug dealings, and asked for the Board members’ help in solving them. Commissioner Edmonson requested that Miami City Commissioner Hardemon meet with Ms. Lawson in reference to her concerns. Mr. Nitin Motwani, 100 SE 2nd Avenue, Suite 3510, Miami, Florida, noted he was the developer of the World Center project, which would be developed on a 27-acre parcel adjacent to Overtown and to the All-Aboard Florida project. He said that currently this parcel consisted of vacant parking lots; and the World Center project would bring upscale department stores, such as Bloomingdales, luxury apartments, offices and hotels to the area. Mr. Motwani noted in order to do this, it would be necessary to develop a Community Development District (CDD). He explained that this would allow the developer to assess itself to pay to construct and maintain on private land public infrastructure, including public parks. Mr. Motwani stated that working with Commissioner Edmonson, the City of Miami and the CRA, the developer had entered into a comprehensive Community Benefits Agreement. He noted the first phase of the project alone would generate more than $1 billion of economic impact; 10,000 construction jobs; and the minimum wage would be $12.83 per hour. He emphasized that these were binding commitments. Mr. Motwani said he agreed that Black workers mattered, noting the developer held its first job fair at St. Agnes Church, which 500 people attended. He indicated that the developer had made progress with the labor unions, and the approval of the creation of the CDD would allow the developer to continue to bring life into this neighborhood and put residents to work. Mr. Motwani played a short video of the job fair. Commissioner Bovo closed the public hearing after no one else appeared wishing to speak. Commissioner Edmonson noted the area in which the World Center was to be built consisted of vacant warehouses for many years. She pointed out that a Labor Peace Agreement should be negotiated by a hotel and its employees, not the developer. She stated that the County, the City of Miami and the CRA had tackled many issues in this area that needed to be addressed – apartments and homes were being rehabilitated to prevent people from being displaced. Commissioner Edmonson said that she created a set-aside account dedicated to the development and redevelopment of Overtown; this would be utilized to help develop the community. She pointed out that this would the County’s 61st CDD; and all of the previous CDDs had been approved without discussion. She clarified that a CDD was simply a mechanism that could be used by the property owner to levy bonds for infrastructure improvements. Commissioner Edmonson noted the CRA had hired a third party to ensure that this developer hired local residents and businesses during the construction. She stated that the developer held over 20 meetings in Overtown; and over 500 applicants attended the job fair. She said the developer was currently working with many entities on job training and placement; and he promised that one year prior to opening, he would provide a list of all of the job openings. She noted ex-felons would also have the opportunity for training and placement, as the County was working on the removal of the criminal history box. Mayor Gimenez noted the developer, Career Source and the County had just signed a Memorandum of Understanding providing that one year prior to the opening of the World Center, the developer would go to Overtown to train people to enable them to apply for the permanent jobs that would be provided by this project; on the employment applications, questions regarding criminal history would be eliminated; and an applicant’s criminal history would only be considered as part of a conditional offer. He said he believed that this was a good project, and it was his hope that a very large percentage of those jobs would be offered to Overtown residents. Mayor Gimenez thanked Commissioner Edmonson and the developer for reaching this agreement. Commissioner Edmonson noted Florida Statute 190.005 provided the following: “If the Community Development District petition is determined to meet certain requirements, the County must hold a public hearing to approve or deny the petition. The factors to be considered are (1) whether all statements contained within the petition have been found to be true and correct; (2) whether the establishment of the district is consistent with the State or local comprehensive plans; (3) whether the land is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developed as one functional inter-related community; (4) whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district; (5) whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities; and (6) whether the area that will be served by the district is amenable to special-district government.” She pointed out that the approval or denial of the petition must be based on these factors, and these factors alone; any additional conditions can only be included with the consent of the petitioner. Commissioner Edmonson stated that the developer had already negotiated a Tax Increment Financing (TIF) agreement with the Southeast Overtown Park West CRA, which included hiring 30 percent of unskilled labor from Overtown and the poorest zip codes in the County; hiring 10 percent of skilled labor from Overtown and the poorest zip codes in the County; enhanced living wages for construction workers, and a responsible wage for electrical workers. She noted while the living wage was $11, the developer had committed to pay $12.83 per hour. It was moved by Commissioner Edmonson that the foregoing proposed ordinance be adopted, as presented. This motion was seconded by Commissioner Sosa, followed by discussion. Commissioner Suarez commended the developer for his initiative. He said that he struggled with the concept of a CDD, because there was a CRA in the area already. He acknowledged that the CDD provided the County with some discretion, but not much. On the other hand, noted Commissioner Suarez, this project would add enormous value to the CRA that could in turn be used for improvements in the community. Commissioner Jordan referred to the concerns expressed by a number of the presenters regarding the gentrification of Overtown. She said that she conducted some research into the historic nature of Overtown, and discovered that 18 sites had been designated as historic. She read the list of these sites. Commissioner Jordan pointed out that Overtown’s stature as the Black mecca of the South was diminished over the years through desegregation and the building of I-95. Pursuant to Commissioner Jordan’s request that he explain the CRA’s work to retain affordable housing in the community, Commissioner Hardemon noted government could slow down the pace of gentrification, but it could not prevent it entirely, because individual property owners had the right to dispose of their property as they chose. He stated that the CRA was trying to prevent gentrification by providing funding to the property owners to upgrade their homes, thus incentivizing them to remain in the community. Commissioner Jordan stressed the importance of ensuring that the CRA would be able to complete the work that it begun, because there would be many attempts to eliminate this organization. Commissioner Levine Cava noted this discussion had underscored the wonderful opportunities but also the challenges faced by this community. She pointed out that Downtown Miami was enjoying the biggest development boom of the entire State, and Overtown residents were watching with a mixture of dismay and hope. She said one of the reasons for the creation of CRAs was to ensure that this type of development would benefit Overtown and the wider community. Commissioner Levine Cava noted this project was brokered by the City of Miami; it was not the County’s project; it was brought to the County to vote on the CDD. She pointed out that the developer had made a number of commitments; and some community groups had requested greater commitments, such as community-wide Wi-Fi in public venues. She stated that more guarantees for local hiring would help prevent broken promises, and a community fund could be created and used for the benefit of residents. Commissioner Levine Cava said that she discussed the issue of community-wide Wi-Fi with Mr. Clarence Woods, the President of the CRA, who agreed to pursue it in public venues. With regard to local hiring, she urged that penalties be collected if commitments were not respected; and that such penalties be dedicated to a community-driven fund. She stated that much of the distrust expressed by many speakers was as a result of the marginalization of the residents in the decision-making process. She noted the Labor Peace Agreement would be very beneficial for the next phase of this project, and urged the Board members to be more aggressive to deal with economic inequality. Commissioner Moss congratulated Commissioner Edmonson and City Commissioner Hardemon for their work and effort. He recalled that with the construction of the Port Miami Tunnel project, similar misgivings were expressed in the beginning; but in the end everyone was happy with the diverse workforce. He said he believed that the World Center project was another opportunity to create a blueprint for projects that would impact disadvantaged communities. Commissioner Moss pointed out that some good faith would be required. He emphasized the need to ensure that any benefits from this project were reinvested into Overtown. Commissioner Diaz said he believed that this was an important project for the community, and that it would be very profitable for Miami. He pointed out that it was impossible to live in an area where there were no jobs. Responding to Commissioner Diaz’ question regarding the impact fees that would be paid to the City of Miami, Mr. Motwani indicated that they were expected to exceed $10 million for the first phase of the project. Commissioner Diaz explained that the reason he was asking this question was because the City of Miami was benefiting from a number of projects, and it could assist the County’s efforts to provide transportation in the area. Commissioner Hardemon said he agreed that transportation was a major issue in South Florida, and the CRA had given its commitment to helping bring Tri-Rail to the area. He noted people living in the redevelopment area who worked in the World Center would be able to take mass transit for free. Commissioner Sosa commended Commissioner Edmonson and City Commissioner Hardemon. She said it was wonderful to see the City of Miami and the County working together. Commissioner Bovo congratulated Commissioner Edmonson and City Commissioner Hardemon for their work. He emphasized the importance of communicating with the residents of Overtown. Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed ordinance, as presented.

Board of County Commissioners	6/16/2015		Municipalities notified of public hearing	Board of County Commissioners	7/14/2015	6/2/2015

Board of County Commissioners	6/2/2015	4J	Adopted on first reading		7/14/2015		P
REPORT:	The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Board of County Commissioners on July 14, 2015 at 9:30 a.m.

Board of County Commissioners	6/2/2015		Tentatively scheduled for a public hearing	Board of County Commissioners	7/14/2015

County Attorney	5/26/2015		Assigned	Juliette Antoine		5/26/2015

Legislative Text

TITLE
ORDINANCE GRANTING PETITION OF MIAMI FIRST, LLC, MIAMI SECOND, LLC, MIAMI THIRD, LLC, MIAMI FOURTH, LLC, MIAMI A/I, LLC, AND FORBES MIAMI NE 1ST AVENUE LLC, FOR ESTABLISHMENT OF A COMMUNITY DEVELOPMENT DISTRICT; CREATING AND ESTABLISHING MIAMI WORLD CENTER COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR NAME, POWERS AND DUTIES; PROVIDING DESCRIPTION AND BOUNDARIES; PROVIDING INITIAL MEMBERS OF BOARD OF SUPERVISORS; ACCEPTING PROFERRED DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE AND AN EFFECTIVE DATE

BODY
WHEREAS, the Florida Legislature created and amended Chapter 190, Florida Statutes, to provide an alternative method to finance and manage basic services for community development; and
WHEREAS, Section 1.01(A)(21) of the Miami-Dade County Home Rule Charter grants the Miami-Dade County Board of County Commissioners the authority to exercise all powers and privileges granted to municipalities and counties by the laws of this State; and
WHEREAS, Article VIII, Section 6(1) of the Florida Constitution provides for exclusive County Charter authority to establish all governmental units within Miami-Dade County and to provide for their government and prescribe their jurisdiction and powers; and
WHEREAS, Miami First, LLC, a Delaware limited liability company, Miami Second, LLC, a Delaware limited liability company, Miami Third, LLC, a Delaware limited liability company, Miami Fourth, LLC, a Florida limited liability company, Miami A/I, LLC, a Delaware limited liability company, and Forbes Miami NE 1st Avenue LLC, a Michigan limited liability company (collectively, �Petitioners�), have petitioned for the establishment of the Miami World Center Community Development District (�District�); and
WHEREAS, a public hearing has been conducted by the Miami-Dade County Board of County Commissioners in accordance with the requirements and procedures of Section 190.005(2)(b) Florida Statutes, and the applicable requirements and procedures of the Miami-Dade County Home Rule Charter and Code; and
WHEREAS, the District will constitute a timely, efficient, effective, responsive and economic way to deliver community development services in the area, thereby providing a solution to the County�s planning, management and financing needs for delivery of capital infrastructure therein without overburdening the County and its taxpayers; and
WHEREAS, the Board of County Commissioners finds that the statements contained in the Petition are true and correct; and
WHEREAS, the creation of the District is not inconsistent with any applicable element or portion of the State comprehensive plan or the Miami-Dade County Comprehensive Development Master Plan; and
WHEREAS, the area of land within the District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community; and
WHEREAS, the creation of the District is the best alternative available for delivering the community development services and facilities to the area that will be served by the District; and
WHEREAS, the proposed services and facilities to be provided by the District will be compatible with the capacity and uses of existing local and regional community development services and facilities; and
WHEREAS, the area that will be served by the District is amenable to separate special district government; and
WHEREAS, the owners of the properties that are to be developed and served by the community development services and facilities to be provided by the District has submitted an executed declaration of restrictive covenants pledging among other things to provide initial purchasers of individual residential lots or units with notice of liens and assessments applicable to such parcels, with certain remedial rights vesting in the purchasers of such parcels if such notice is not provided in a timely and accurate manner; and
WHEREAS, having made the foregoing findings, after a public hearing, the Miami-Dade County Board of County Commissioners wishes to exercise the powers bestowed upon it by Section 1.01(A)(21) of the Miami-Dade County Home Rule Charter in the manner provided by Chapter 190, Florida Statutes; and
WHEREAS, because the proposed District is located wholly within the municipal boundaries of the City of Miami, the City is in a position to be well informed regarding the merits of this District; and
WHEREAS, City of Miami has consented to the creation of the District within the municipal boundaries subject to certain conditions that the petitioner shall have to satisfy; and
WHEREAS, the Board of County Commissioners desires to establish the District; and
WHEREAS, based on the written consent of the City of Miami, the Miami-Dade County Board of County Commissioners finds that the District shall have those general and special powers authorized by Sections 190.011 and 190.012, Florida Statutes, and set forth herein, and that it is in the public interest of all of the citizens of Miami-Dade County that the District have such powers,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. The foregoing findings, which are expressly set forth herein, are hereby adopted and made a part hereof.
Section 2. The Petition to establish the District over the real property described in the Petition attached hereto, which was filed by the Petitioners on March 30, 2015, and which Petition is on file at the Office of the Clerk of the Board, is hereby granted. A copy of the Petition is attached and incorporated herein Exhibit A.
Section 3. The external boundaries of the District shall be as described in the certified metes and bounds legal description attached hereto and incorporated herein as Exhibit B to the Ordinance. The external boundaries of the District shall be as depicted on the location map attached hereto and incorporated herein as Exhibit C.
Section 4. The initial members of the Board of Supervisors shall be as follows:
John Chiste
Stephen Colamarino
Joe DiCristina
Cora DiFore
Neil Eisner.
Section 5. The name of the District shall be the �Miami World Center Community Development District.�
Section 6. The District is created for the purposes set forth in Chapter 190, Florida Statutes, pursuant to the authority granted by Section 1.01(A)(21) of the Miami-Dade County Home Rule Charter.
Section 7. Pursuant to Section 190.005(2)(d), Florida Statutes, the charter for the Miami World Center Community Development District shall be Sections 190.006 through 190.041, Florida Statutes.

Section 8. The Miami-Dade County Board of County Commissioners hereby grants to the District all general powers authorized pursuant to Section 190.011, Florida Statutes, and hereby finds that it is in the public interest of all citizens of Miami-Dade County to grant such general powers.
Section 9. The Miami-Dade County Board of County Commissioners hereby grants to the District the special powers authorized pursuant to Section 190.012(1), Florida Statutes, and Sections 190.012(2)(a)(d) and (f), (except for powers regarding waste disposal), Florida Statutes, and Section 190.012(3), Florida Statutes, and hereby finds that it is in the public interest of all citizens of Miami-Dade County to grant such special powers; provided that the District�s exercise of power under Section 190.012(1)(b), Florida Statutes, pertaining to water, waste water and reuse water services shall be pursuant to that Declaration of Restrictive Covenants submitted to the Board of County Commissioners in connection with the petition.
Section 10. All bonds issued by the District pursuant to the powers granted by this ordinance shall be validated pursuant to Chapter 75, Florida Statutes.
Section 11. No bond, debt or other obligation of the District, nor any default thereon, shall constitute a debt or obligation of Miami-Dade County, except upon the express approval and agreement of the Miami-Dade Board of County Commissioners.
Section 12. Notwithstanding any power granted to the District pursuant to this Ordinance, neither the District nor any real or personal property or revenue in the district shall, solely by reason of the District�s creation and existence, be exempted from any requirement for the payment of any and all rates, fees, charges, permitting fees, impact fees, connection fees, or similar County rates, fees or charges, special taxing districts special assessments which are required by law, ordinance or County rule or regulation to be imposed within or upon any local government within the County.
Section 13. Notwithstanding any power granted to the District pursuant to this Ordinance, the District may exercise the power of eminent domain outside the District�s existing boundaries only with the prior specific and express approval of the Board of County Commissioners of Miami-Dade County.
Section 14. This Board hereby accepts that Declaration of Restrictive Covenants proffered by the owners of the lands within the jurisdiction of the District, in connection with the petition submitted by The Petitioners and approved herein.
Section 15. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 16. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance shall be excluded from the Code of Miami-Dade County.
Section 17. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.