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HomeMy WebLinkAboutOMNI-CRA-R-03-0007OMNI/CRA ITEM 16 RESOLUTION NO. 03 - 0 7 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY ("CRA") AUTHORIZING THE GENERAL COUNSEL, AT THE DIRECTION OF THE EXECUTIVE DIRECTOR, TO NEGOTIATE TERMS AND CONDITIONS FOR PURCHASE WITH OWNERS' WHO ARE WILLING TO SELL THEIR REAL ESTATE, SOLELY ON A VOLUNTARY, BASIS, TO THE CRA; DIRECTING THAT THE ACQUISITIONS OF REAL ESTATE SHALL COMPLY WITH SECTION 163.370, FLORIDA STATUTE, THE OMNI REDEVELOPMENT PLAN, AND THE PROVISIONS OF THE CHARTER OF THE CRA PERTAINING TO THE ACQUISITION OF REAL ESTATE AND THE RELOCATION OF RESIDENTS, RESPECTIVELY; AND DIRECTING THE GENERAL COUNSEL TO USE ALL RESOURCES AVAILABLE IN THE OFFICE OF THE GENERAL COUNSEL, INCLUDING THE RETENTION OF SPECIAL COUNSEL AND EXPERT CONSULTANTS IF DEEMED NECESSARY BY GENERAL COUNSEL, AND, IF NECESSARY, TO SOLICIT THE PARTICIPATION AND ASSISTANCE OF THE FLORIDA DEPARTMENT OF TRANSPORTATION AND MIAMI-DADE COUNTY SCHOOL BOARD. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are incorporated herein as if fully set forth in this Section. ONM/CRA 0 3 - 0'7 J Section 2. The Board of Directors authorizes the General Counsel, at the direction of the Executive Director, to negotiate terms and conditions for purchase .with owners who are willing to sell their real estate, solely on a voluntary basis, to the CRA. Section 3. It is directed that the acquisitions of real estate shall comply with Section 163.370, Florida Statute, the Omni Redevelopment Plan, and the provisions of the Charter of the CPA pertaining to the acquisition of real estate and the relocation of residents, respectively. Section 4. The General Counsel is directed to use all resources available in the office of the general counsel, including the retention of special counsel and expert consultants if deemed necessary by general counsel, and, if necessary, to .solicit the participation and assistance of the Florida Department of Transportation and Miami -Dade County School Board. Section 5. This Resolution shall become effective immediately upon its adoption. ONN/CRA Page 2 of 3 1 0 0 PASSED AND ADOPTED this 27th day of January, 2003. ARTHUR E. TEELE, JR., CHWRMAN ATTEST: PRISCILLA A. T OMPS N CITY CLERK APPROVED AS TO FO AND CORRECTNESS: %kL O VILARELLO T TTORNEY OMNI/CRA R-03-07:ELF OMM/CRA Page 3 of 3 0 3 - 07 0 �J • ITEM 16 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM To: Chairman Arthur E. Teele, Jr. and Date: January 14, 2003 File: Members of the CRA Board Za Subject: Land Acquisition Policy From: Rollason References: CRA Executive Director Enclosures: Resolution RECOMMENDATION: It is respectfully recommended that the CRA Board of Directors adopt the attached resolution authorizing its General Counsel to negotiate, at the direction of the Executive Director, the purchase of real property for the SEOPW and Omni Redevelopment Area, and its projects, and the proposed expanded boundary area, if approved by Miami -Dade County and adopted in the amended SEOPW Redevelopment Plan, to be achieved solely through the voluntary sale of properties to the CRA; further directing that acquisitions of real property shall comply with the provisions of the SEOPW and Omni Redevelopment Plans and Section 163.370 of the Community Redevelopment Act of 1969 ("The Act"), the Charter of the CRA, related to the acquisition of real property and the relocation ,of residents, respectively, and directing General Counsel to use all resources available in the office of the General Counsel, including the retention of Special Counsel and expert consultants, if necessary, at the discretion of General Counsel, and if necessary, soliciting the participation of the Florida Department of Transportation and Miami -Dade County School Board. JUSTIFICATION: In carrying out the programs and activities of the Redevelopment Plans, the CRA, may have to acquire land in compliance with the guidelines set forth in Section 163.370 of the Florida Statutes. In an effort to expedite the land acquisition process, the CRA is recommending that this component of the Redevelopment Plans come under the responsibility of General Counsel and further providing his office with the full authorizations to move forward in the land acquisition process. In the 1982 SEOPW Redevelopment Plan, the land acquisition process was broken into three phases. The enclosed map depicts the boundaries of each phase. At the time the referenced plan was approved, certain parcels of the SEOPW Redevelopment Area did not have specific redevelopment projects as placeholders in the plan. As such, only Phase I of the land acquisition process was implemented. The accompanying SEOPW resolution serves to implement Phase II and Phase III of the land acquisition process for the SEOPW Redevelopment Area as well as providing the authorizations for said acquisition process to be implemented if the proposed extended boundaries of the SEOPW Redevelopment Area, approved by the SEOPW CRA Board on May 30, 2002 pursuant to resolution SEOPW/CRA R-02-93 and subsequently by City of Miami ordinance on July 9, 2002, is approved by Miami -Dade County, CRA governing body, and adopted into the amended SEOPW Redevelopment Plan. The Omni accompanying resolution serves to provide the same authorizations to General Counsel for the acquisition of real property. SEOPW/CRA 0 3- 008 ONM/CRA 03- 007 aLC4LUI\/J V LVYV llLUL4LVV `.11V 1VJ VVVLIVlI ✓ / V. liJVilu4V.GVV • 1 aacvV 1 Vl T f I s � n ate , g 0 V Weli:ome session 6mmittees Senators 1nlGima�ar -: iobt�yi3t . ' .. C��ter . , 1•3nformntiott . VieV-1 ; sad teS Search Statutes Constitution "ati,,s oi" Piorida Order Select Year: 2002 Go / The 2002 Florida Statutes Title XI Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL Chapter INTERGOVERNMENTAL RELATIONS PROGRAMS 163.370 Powers; counties and municipalities; community redevelopment agencies.-- (1) Every county and municipality shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part, including the following powers in addition to others herein granted: (a) To make and execute contracts and other instruments necessary or convenient to the exercise of its powers under this part; (b) To disseminate slum clearance and community redevelopment information; (c) To undertake and carry out community redevelopment and related activities within the community redevelopment area, which redevelopment may include: • 1. Acquisition of a slum area or a blighted area or portion thereof. 2. Demolition and removal of buildings and improvements. 3. Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, public areas of major hotels that are constructed in support of convention centers, including meeting rooms, banquet facilities, parking garages, lobbies, and passageways, and other improvements necessary for carrying out in the community redevelopment area the community redevelopment objectives of this part in accordance with the community redevelopment plan. 4. Disposition of any property acquired in the community redevelopment area at its fair value for uses in accordance with the community redevelopment plan. S. Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements in accordance with the community redevelopment plan. 6. Acquisition of real property in the community redevelopment area which, under the community redevelopment plan, is to be repaired or rehabilitated for dwelling use or related facilities, repair or rehabilitation of the structures for guidance purposes, and resale of the property. 7. Acquisition of any other real property in the community redevelopment area when necessary to eliminate unhealthful, unsanitary, or unsafe conditions; lessen density; eliminate obsolete or other uses detrimental to the public welfare; or otherwise to remove or prevent the spread of • blight or deterioration or to provide land for needed public facilities. 8. Acquisition, without regard to any requirement that the area be a slum or blighted area, of air rights in an area consisting principally of land in highways, railway or subway tracks, bridge or http://vrww.flsenate.gov/Statutes/ ... /SEC370.HTM&Title=->2002->ChOI63->Section%2O37 1/16/2003 SEOPW/CRA OMNI/CR 03— 008 03— 00�'7 • • tunnel entrances, or other similar facilities which have a blighting influence on the surrounding area and over which air rights sites are to be developed for the elimination of such blighting • influences and for the provision of housing (and related facilities and uses) designed specifically for, and limited to, families and individuals of low or moderate income. 9. Construction of foundations and platforms necessary for the provision of air rights sites of housing (and related facilities and uses) designed specifically for, and limited to, families and individuals of low or moderate income. (d) To provide, or to arrange or contract for, the furnishing or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities, or other facilities for or in connection with a community redevelopment; to install, construct, and reconstruct streets, utilities, parks, playgrounds, and other public improvements; and to agree to any conditions that it deems reasonable and appropriate which are attached to federal financial assistance and imposed pursuant to federal law relating to the determination of prevailing salaries or wages or compliance with labor standards, in the undertaking or carrying out of a community redevelopment and related activities, and to include in any contract let in connection with such redevelopment and related activities provisions to fulfill such of the conditions as it deems reasonable and appropriate. (e) Within the community redevelopment area: 1. To enter into any building or property in any community redevelopment area in order to make inspections, surveys, appraisals, soundings, or test borings and to obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted. 2. To acquire by purchase, lease, option, gift, grant, bequest, devise, eminent domain, or otherwise any real property (or personal property for its administrative purposes), together with any improvements thereon; except that a community redevelopment agency may not exercise • any power of eminent domain unless the exercise has been specifically approved by the governing body of the county or municipality which established the agency. 3. To hold, improve, clear, or prepare for redevelopment any such property. 4. To mortgage, pledge, hypothecate, or otherwise encumber or dispose of any real property. 5. To insure or provide for the insurance of any real or personal property or operations of the county or municipality against any risks or hazards, including the power to pay premiums on any such insurance. 6. To enter into any contracts necessary to effectuate the purposes of this part. 7. To solicit requests for proposals for redevelopment of parcels of real property contemplated by a community redevelopment plan to be acquired for redevelopment purposes by a community redevelopment agency and, as a result of such requests for proposals, to advertise for the disposition of such real property to private persons pursuant to s. 163.380 prior to acquisition of such real property by the community redevelopment agency. (f) To invest any community redevelopment funds held in reserves or sinking funds or any such funds not required for immediate disbursement in property or securities in which savings banks may legally invest funds subject to their control and to redeem such bonds as have been issued pursuant to s. 163.385 at the redemption price established therein or to purchase such bonds at less than redemption price, all such bonds so redeemed or purchased to be canceled. • (g) To borrow money and to apply for and accept advances, loans, grants, contributions, and any other form of financial assistance from the Federal Government or the state, county, or other public body or from any sources, public or private, for the purposes of this part and to give such security as may be required and to enter into and carry out contracts or agreements in http:/tw.ww-fl.senate-gov/Statutes/ ... /SEC370.HTM&Title=->2002->Ch0163->Section%2037 1 /16/2003 SEOPW/ CRA ®NM / CRA 03- 008 03- 007 JLULULGJ-�V1GW JLaLULGJ-- v✓--acA..uulu✓IV. liarLiaw.rwv 1 ar"� ✓ ul Z connection therewith; and to include in any contract for financial assistance with the Federal Government for or with respect to community redevelopment and related activities such . conditions imposed pursuant to federal laws as the county or municipality deems reasonable and appropriate which are not inconsistent with the purposes of this part. (h) Within its area of operation, to. make or have made all surveys and plans necessary to the carrying out of the purposes of this part; to contract with any person, public or private, in making and carrying out such plans; and to adopt or approve, modify, and amend such plans, which plans may include, but are not limited to: 1. Plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements. 2. Plans for the enforcement of state and local laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements. 3. Appraisals, title searches, surveys, studies, and other plans and work necessary to prepare for the undertaking of community redevelopment and related activities. (i) To develop, test, and report methods and techniques, and carry out demonstrations and other activities, for the prevention and the elimination of slums and urban blight and developing and demonstrating new or improved means of providing housing for families and persons of low income. (j) To apply for, accept, and utilize grants of funds from the Federal Government for such purposes. • (k) To prepare plans for and assist in the relocation of persons (including individuals, families, business concerns, nonprofit organizations, and others) displaced from a community redevelopment area and to make relocation payments to or with respect to such persons for moving expenses and losses of property for which reimbursement or compensation is not otherwise made, including the making of such payments financed by the Federal Government. (1) To appropriate such funds and make such expenditures as are necessary to carry out the purposes of this part; to zone or rezone any part of the county or municipality or make exceptions from building regulations; and to enter into agreements with a housing authority, which agreements may extend over any period, notwithstanding any provision or rule of law to the contrary, respecting action to be taken by such county or municipality pursuant to any of the powers granted by this part. (m) To close, vacate, plan, or replan streets, roads, sidewalks, ways, or other places and to plan or replan any part of the county or municipality. (n) Within its area of operation, to organize, coordinate, and direct the administration of the provisions of this part, as they may apply to such county or municipality, in order that the objective of remedying slum and blighted areas and preventing the causes thereof within such county or municipality may be most effectively promoted and achieved and to establish such new office or offices of the county or municipality or to reorganize existing offices in order to carry out such purpose most effectively. (o) To exercise all or any part or combination of powers herein granted or to elect to have such powers exercised by a community redevelopment agency. (p) To develop and implement community policing innovations. • (2) The following projects may not be paid for or financed by increment revenues: http://www.flsenate.gov/Statutes/.../SEC370.HTM&Title=->2002->Ch0163->Section%2037 1/16/2003 SEOPW/CR OMNI/CRE1 03- 00� 03- 007 0 0 statutes-> view statutes-->2�vu�/_-;��nuio.i--ziection iu: nsenate.gov rage 4 or 4 (a) Construction or expansion of administrative buildings for public bodies or police and fire buildings, unless each taxing authority agrees to such method of financing for the construction or expansion, or unless the construction or expansion is contemplated as part of a community policing innovation. (b) Installation, construction, reconstruction, repair, or alteration of any publicly owned capital improvements or projects which are not an integral part of or necessary for carrying out the community redevelopment plan if such projects or improvements are normally financed by the governing body with user fees or if such projects or improvements would be installed, constructed, reconstructed, repaired, or altered within 3 years of the approval of the community redevelopment plan by the governing body pursuant to a previously approved public capital improvement or project schedule or plan of the governing body which approved the community redevelopment plan. (c) General government operating expenses unrelated to the planning and carrying out of a community redevelopment plan. (3) With the approval of the governing body, a community redevelopment agency may: (a) Prior to approval of a community redevelopment plan or approval of any modifications of the plan, acquire real property in a community redevelopment area, demolish and remove any structures on the property, and pay all costs related to the acquisition, demolition, or removal, including any administrative or relocation expenses. (b) Assume the responsibility to bear any loss that may arise as the result of the exercise of authority under this subsection, in the event that the real property is not made part of the community redevelopment area. History.--s. 9, ch. 69-305; s. 7, ch. 77-391; s. 11, ch. 84-356; s. 7, ch. 93-286; s. 8, ch. 94- 236; s. 8, ch. 98-314. Welcome • Session • Committees • Senators • Information Center • Statutes and Constitution • ; Lobbyist Information Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright ©2000-2003 State of Florida. Contact us. Privacy Statement SEOPW/� OMW/CRA http://www:flsenate.gov/Statutes/ ... /SEC370.HTM&Title=->2002->Ch0163 ->S ection%203 7 1 / 16/2003 0 � 0 The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. SEOPW/CRA 02-93 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENT (S), RECOMMENDING THAT THE CITY COMMISSION OF THE CITY OF MIAMI, AS GOVERNING BODY OF THE CRA, AMEND AND MODIFY THE CRA REDEVELOPMENT PLAN TO EXTEND THE BOUNDARIES OF THE REDEVELOPMENT AREA AS SET FORTH IN THE ATTACHED MAP; REQUESTING THAT THE CITY COMMISSION SCHEDULE A PUBLIC HEARING TO CONSIDER THE PROPOSED AMENDMENT AND MODIFICATION OF THE PLAN AT THE EARLIEST DATE PERMITTED BY LAW; REQUESTING THAT THE CITY COMMISSION DIRECT THE CITY MANAGER TO PROVIDE ALL NOTICES REQUIRED BY LAW; AND AUTHORIZING THE ACTING EXECUTIVE DIRECTOR OF THE CRA TO TAKE ALL ACTIONS NECESSARY TO ACCOMPLISH APPROVAL OF THE PROPOSED AMENDMENT AND MODIFICATION OF THE PLAN TO EXTEND THE BOUNDARIES OF THE REDEVELOPMENT AREA BEFORE JULY 1, 2002. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Sanchez, the resolution was passed and adopted by the following vote: 4 AYES: Board Member Tomas Regalado Board Member Joe Sanchez Vice Chairman Johnny L. Winton Chairman Arthur E. Teele, Jr. NAYS: None ABSENT: Board Member Angel Gonzalez May 30, 2002 SEOPW/CRA 03- 008 OMNI/CRA 03- 00'7 w Tp-q„.-•�. ...�j��..4w4, ram. - .. • EIHIBIT A CITY OF MiA 1 ' S.E. Overtown/Park West Community Redevelopment Project PROPERTIES TO BE ACQUIRED WITH THE BOND PROCEEDS ,. ``0, Properties located in a City block bounded by N.W 8th Street, N.W. 9th Street, N.W. 2nd Avenue, and 'N-W. 3rd Avenue !Q Properties located in a City block bounded by N.W. 9th Street' l N.W. 10th Street, N.W. 3rd Avenue and N.W. 2nd Court Properties located in 'a City block bounded by N.W. 9th Street, N.W. and 10th Street, N.W. 2nd Court, and•N.W. 2nd avenue r / Properties fronting N.W._2nd Avenue of a City block bounded by G i N.W. 8th Street, N.W. 9th Street, N.W. 2nd Avenue, and N.W. 1st Court' 1 Properties located in a City Block bounded by N.W. 10th Street, N.W. 11th Street, N.W. 1st Avenue, and North Miami Avenue. � �Properties located in a City Block bounded by N.W. 11t4 Street, N.W. 12th Street, N.W. 1st Avenue, and North Miami Avenue Properties fronting N.E. 1st Avenue of a City block bounded by N.W. 7th Street, N.W. 8th Street, North Miami xAven-ue, and N.T. 1st Avenue i F&TO"15SUK 90-0196 1 OPyV/ ONM/CRA 03' 008 03- 007