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HomeMy WebLinkAboutR-00-1016C. ob'��\�o J-00-961 11/16/00 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, REQUESTING THAT THE BOARD OF MIAMI-DADE COUNTY COMMISSIONERS DELEGATE,, PURSUANT TO SECTION 163.410, FLORIDA STATUTES (1999), THE POWER OF EMINENT DOMAIN TO THE CITY OF MIAMI ("CITY") TO BE EXERCISED BY THE SOUTHEAST OVERTOWN/PARKWEST COMMUNITY DEVELOPMENT AGENCY FOR THE COMMUNITY REDEVELOPMENT AREA; AUTHORIZING AND DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN NAMED OFFICIALS. WHEREAS, pursuant to Resolution No. 1179-69 and Resolution No. R-39-81, the Board of County Commissioners of Miami -Dade County (the "County") found the area known as the Southeast Overtown/Park West Community Redevelopment Area in the City of Miami ("City") to' be a "slum area" and a "blighted area" (as those terms are defined in Section 163.340, Florida Statutes), and to be eligible for designation as a Community Redevelopment Area,, ("Redevelopment Area" or "Area") under'Section 30A-1(f) and (g), Code of Metropolitan Miami -Dade County, or as provided for in Section 163.355, Florida Statutes; and WHEREAS, pursuant to Resolution No. R-1677-82 the County approved the Community Redevelopment Plan ("Redevelopment Plan") for the Southeast Overtown/Parkwest Community Redevelopment Area Q 7 T A C Nil M "'z 7 0", CM G l CITY CO SSION' MEETING OF NOV 1 6 2000 Resolution No.. 1 :; that is deleted from the City Central Miami Urban Removal Area for the purpose of establishing a tax increment area under Section 163.387, Florida Statutes; and WHEREAS, pursuant to Resolution Nos. 81-920, 82-755, and 85- 1247, the City Commission of the City of Miami (the "City") also approved the Community Redevelopment Plan, as amended, for the Southeast Overtown/Parkwest Community Redevelopment Area; and WHEREAS, pursuant to Ordinance No. 82-115 the County provided for the appropriation and use of tax increment financing for the Redevelopment Plan and related activities pursuant to 163.387, Florida Statutes, and a delegation of a limited amount of specified powers within the Redevelopment Area as provided for in, Chapter 163, Part III, Section 410, Florida Statutes, to the City utilizing an interlocal cooperation agreement provided for in Chapter 163, Part I, Section 163.01(4),(5), (7)(a)(b), Florida Statutes,(the "Interlocal Agreement") between the City and the County dated as of March 31, 1983, as amended, for the creation and use by the Southeast Overtown/Parkwest Community Redevelopment Agency (the "Agency" or "CRA") and for the defining of agreed cooperative purposes between the City and County for the joint execution of the Redevelopment Plan Phase I Project and other redevelopment agreements, understandings and responsibilities of each party as specifically defined in the Interlocal Agreement; and Page 2 of 5 U Up WHEREAS, the specific powers delegated by the County to the City in the Interlocal Agreement did not include the exercise of the power of eminent domain under Section 163.375, Florida Statutes, in the Southeast Overtown/Parkwest Community Redevelopment Area; and WHEREAS, the Southeast Overtown/Parkwest Community Redevelopment Agency created -by the City of Miami pursuant to the limited specified powers delegated to the City by the County in the Interlocal Agreement has determined that it is necessary, for the successful development of certain projects, defined in the City and County Interlocal Agreement dated March 31,.1983, of the approved Redevelopment Plan of the Agency, that the Agency should have, at the discretion of the City for each acquisition, the authority to exercise the power of eminent domain in the Redevelopment Area when necessary; and when specifically approved by the City; and WHEREAS, The Agency has determined that it is necessary and appropriate and essential for the success of the execution of the Redevelopment Plan and, accordingly, requests that the power of eminent domain be available when necessary for use by the Agency, at the discretion of the City, for each specified purpose of the Redevelopment Plan and for the purpose provided for in Section 163.370(3)(a), Florida Statutes; and WHEREAS, the City has received and considered the request of the Agency and determined that it is in the best interests of the Page 3 of 5 UU�l ul6 public and the City that such request be submitted to the County for approval; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Board of Miami -Dade County Commissioners ("County") hereby requests that the power of eminent domain be delegated pursuant to Section 163.410 of the Florida Statutes, to the City the power of eminent domain to be exercised by the Southeast Overtown/Park West Community Redevelopment Agency for the Redevelopment Area when necessary to further the approved goals and objectives of the Community Redevelopment Plan for that Area, at its discretion and for each specific use, in a manner consistent with the City and County Interlocal Agreement, dated March 31, 1983, as amended or as otherwise approved by the County. Section 3. The City Clerk is hereby directed to transmit a copy of this Resolution, with attachment, to Miami -Dade County Mayor Alex Penelas, all members of the Board of County Commissioners of Miami -Dade County, Florida, and Miami -Dade County Manager Merritt Stierheim. Page 4 of 5,IL • Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.'/ PASSED AND ADOPTED this 16th day of November , 2000. ATTEST: JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2p36, since the Mayor did not lndleste approval of UNis legislation by signing it in the designated pl a provided, said legislation now becomes effective with the elapse of ten 'I) da o from the date of Commis r' action regarding same, without the lY9r ex rcis' v/ J r s S If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 5 of 5 COUNTY RESOLAN - 10/25/00 RESOLUTION NO. A, RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS .OF MIAMI-DADE COUNTY, FLORIDA (THE "COUNTY"), PERTAINING TO THE EXERCISE OF THE POWER OF EMINENT DOMAIN; DELEGATING THE EXERCISE OF THE POWER OF EMINENT DOMAIN TO THE CITY OF MIAMI, FLORIDA (THE "CITY"), TO BE EXERCISED WHEN NECESSARY IN THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AREA FOR COMMUNITY REDEVELOPENT PURPOSES PURSUANT TO THE COMMUNITY REDEVELOPMENT ACT OF 1969; PROVIDING AN EFFECTIVE DATE. WHEREAS, in Resolution No. 1179-69 and Resolution No. R-39-81, the Board of County commissioners of Miami -Dade County (the "County") found the area known as Southeast Overtown/Park West in the City of Miami, Florida (the "City") to be a "slum area" and a "blighted area" as those terms are defined in Section 163.340, Florida Statutes, and to be eligible for designation as a community redevelopment area, as amended, (the "Redevelopment Area" or Area") under Section 30A-1 (f) and (g), Code of Metropolitan Miami -Dade County; or under any appropriate resolution of the County as provided for in Section 163.355, Florida Statutes; and COUNTY RESOLLON - 10/25/00 WHEREAS, in Resolution No. R-1677-82 the Board of County Commissioners of the County approved the community redevelopment Plan, as amended, (the "Redevelopment Plan") for the Southeast Overtown/Park West Community Redevelopment Area, and in Resolution No. 81-920, Resolution No. 82- 755 and Resolution No. 85-1247 the City Commission of the City also approved the Redevelopment Plan for the Southeast Overtown/Park West Community Redevelopment Area; and WHEREAS, by Ordinance No. 82-115, the Board of County Commissioners of the County provided for the use of tax increment financing in the Redevelopment Area and also delegated specified redevelopment powers pursuant to Chapter 163, Part III, Section 410, Florida Statutes, to the City of Miami, Florida, as formalized in an interlocal cooperation agreement ("Interlocal Agreement") provided for in Chapter 163, Part 1, Section 163.01, Florida Statutes, between the City and the County dated as of March 31, 1983, as amended, for the creation of the Southwest Overtown Park West Community Redevelopment Agency (the "Agency" or "CRA") and for defined agreed cooperative purposes between the City and County for the joint execution of various responsibilities of the Interlocal Agreement Phase I Project of the Redevelopment Plan that are the responsibility of the County or the City unless otherwise provided in the Interlocal Agreement, and WHEREAS, the specific powers delegated by the County to the City in the Interlocal Agreement did not include the delegation of the power of eminent domain, under Section 163.375, Florida Statutes, to the City for use, at its discretion, by the Agency and as specifically approved by the City for the implementation of the Redevelopment Plan Phase I Project and other designated projects in defined areas of 11 0 COUNTY RESOL*-N - 10/25/00 the Southeast Overtown/Park West Community Redevelopment Area. to the extent provided for in the Interlocal Agreement ; and WHEREAS, the Southeast Overtown/Parkwest Community Redevelopment Agency_created by the City under the limited specific powers delegated to the City in the Interlocal Agreement has determined that it is necessary for the successful development, to the extent of the Interlocal Agreement, of certain approved Redevelopment Plan projects in the Redevelopment Area that the Agency should have, at the discretion of the City, the authority to exercise the power of eminent domain under. Section 163.375 Florida Statutes when specifically approved by a resolution of the City for each particular acquisition; and WHEREAS, The Agency has determined that it is necessary and appropriate and essential for the success of the execution of the Redevelopment Plan and, accordingly, requests that the power of eminent domain be available when necessary for use by the Agency, at the discretion of the City, for each specific defined purpose of the Redevelopment Plan and for the purpose provided for in Section 163.370 (3) (a) . Florida Statutes; and WHEREAS, the City Commission of the City of Miami, Florida, has received and considered the request of the Agency and determined that it is in the best interests of the public and the City that such request of the Agency be submitted to the Board of County Commissioners of the County along with the request of the City that COUNTY RESOL&N - 10/25/00 it be approved by the County and such request has been delivered to and considered by the Board of County Commissioners of Miami -Dade County; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE MIAMI-DADE COUNTY, FLORIDA: Section 1. Recitals Incorporated The recital set forth above are hereby approved and adopted by the Board of Commissioners of Miami -Dade County, Florida ("County"), and incorporated herein as if set forth in this resolution. Section 2. Delegation of Eminent Domain Power. The Board of County Commissioners of Miami -Dade County, Florida, does hereby delegate to the City of Miami, Florida the power of eminent domain under Section 163.375, Florida Statutes, to be exercised by the Southeast Overtown/Park West Community Redevelopment Agency within the Redevelopment Area when necessary to further the goals, objective and the execution of the City and County approved Redevelopment Plan for the Redevelopment Area of the Agency, and that the City Commission may, in its discretion, delegate such eminent domain power to the Agency for each specific use for the purpose of the Redevelopment Plan Phase I Project and other redevelopment agreements, responsibilities and understandings of the parties set forth in the City and County Interlocal Agreement, dated March 31, 1983, as amended, or as otherwise approved by the County. 4 00-101 a COUNTY RESOLION - 10/25/00 Section 3 Authorization for Action to be Taken. The Board of County Commissioners of Miami -Dade County, Florida, does hereby authorize and direct that the appropriate officials of Miami -Dade County, Florida take such actions as may be necessary to effectuate this resolution as done for the City by the County for use by the Omni Community Redevelopment Agency. Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption by the Board of County Commissioners of the Miami - Dade County. The foregoing resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote was as follows: [Insert Commissioner' names] The Mayor thereupon declared the resolution duly passed and adopted this day of , 2000. MIAMI-DADE County, FLORIDA BY ITS BOARD OF County COMMISSIONERS CLERK Approved by County Attorney as to Form and legal sufficiency. TO CITY OF MIAMI, FLORIDA 31 INTER -OFFICE MEMORANDUM DATE : October 23, 2000 FILE: The Honorable Mayor and Member Of the City Commission FROM: Dipak M. Parekh , / Executive Director �' �/ SUBJECT: Eminent Domain REFERENCES Resolution Requesting County to ENCLOSURES: Delegate Eminent Domain Power to City for use by SEO/PW CRA RECOMMENDATION The SEO/PW CRA Board of Directors request that the City Commission request the Miami -Dade County Commission to delegate the power of eminent domain to the City pursuant to Chapter 163 Part III, Florida Statues 163.410 and 163.375, to be exercised in the Southeast Overtown/Park West Community Redevelopment Agency Area when determined to be necessary by the City Commissioners for the execution by the SEO/PW CRA when approved by the City Commission at the request of the SEO/PW CRA. BACKGROUND The necessary City resolution and attached draft County resolution have been approved by the SEO/PW CRA Board of Directors and as been forwarded to the City agenda Coordinator and the City Attorney for approval of the City Commission. The use of the eminent domain shall be done so in accordance with the City and County Interlocal Cooperative Agreement dated March 31, 1983. cc: Walter J. Foeman, City Clerk Alejandro Vilarello, City Attorney Ilene Temchin, Assistant City Attorney Elvi Alonsa, Agenda Coordinator 0-10 6 ® DRAFT COUNTY RESOLUTION ATTACHMENT RESOLUTION NO. A .RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF NIIAMI-DADE COUNTY, FLORIDA (THE "COUNTY"), PERTAINING TO THE EXERCISE OF THE POWER OF EMINENT DOMAIN; DELEGATING THE EXERCISE OF THE POWER OF EMINENT DOMAIN TO THE CITY OF MIAMI, FLORIDA (THE "CITY"), TO BE EXERCISED WHEN NECESSARY IN THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AREA FOR COMMUNITY REDEVELOPENT PURPOSES PURSUANT TO THE COMMUNITY REDEVELOPMENT ACT OF 1969; PROVIDING AN EFFECTIVE DATE. WHEREAS, in Resolution No. 1179-69 and Resolution No. R-39-81, the Board of County commissioners of Miami -Dade County (the "County") found the area known as Southeast Overtown/Park West in the City of Miami, Florida (the "City") to be a "slum area" and a "blighted area" as those terms are defined in Section 163.340, Florida Statutes, and to be eligible for designation as a community redevelopment area, as amended, (the "Redevelopment Area" or Area") under Section 30A-1 (f) and (g), Code of Metropolitan Miami -Dade County; or under any appropriate resolution of the County as provided for in Section 163.355, Florida Statutes; and WHEREAS, in Resolution No. R-1677-82 the Board of County Commissioners of the County approved the community redevelopment Plan, as amended, (the "Redevelopment Plan") for the Southeast Overtown/Park West Community Redevelopment Area, and in Resolution No. 81-920, Resolution No. 82- 755 and Resolution No. 85-1247 the City Commission of the City also approved the Redevelopment Plan for the Southeast Overtown/Park West Community Redevelopment Area; and WHEREAS, by Ordinance No. 82-115, the Board of County Commissioners of the County provided for the use of tax increment financing in the Redevelopment Area and also delegated specified redevelopment powers pursuant to Chapter 163, Part III, Section 410, Florida Statutes, to the City of Miami, Florida, as formalized in an interlocal cooperation agreement ("Interlocal Agreement") provided for in Chapter 163, Part I, Section 163.01, Florida Statutes, between the City and the County dated as of March 31, 1983, as amended, for the creation of the Southwest Overtown Park West Community Redevelopment Agency (the "Agency" or "CRA") and for defined agreed cooperative purposes between the City and County for the joint execution of various responsibilities of the Interlocal Agreement Phase I Project of the Redevelopment Plan that are the responsibility of the County or the City unless otherwise provided in the Interlocal Agreement, and WHEREAS, the specific powers delegated by the County to the City in the Interlocal Agreement did not include the delegation of the power of eminent domain, under Section 163.375, Florida Statutes, to the City for use, at its discretion, by the Agency and as specifically approved by the City for the implementation of the Redevelopment Plan Phase I Project and other designated projects in defined areas of ® DRAFT COUNTY REPLUTION ATTACHMENT the Southeast Overtown/Park. West Community Redevelopment Area to the extent provided for in the Interlocal Agreement; and WHEREAS, the Southeast Overtown/Parkwest Community Redevelopment Agency created by the City under the limited specific powers delegated to the City in the Interlocal Agreement has determined that it is necessary for the successful development,to the extent . of the Interlocal Agreement, of certain approved Redevelopment Plan projects -in the Redevelopment Area that the Agency should have, at the discretion of the City,. the authority to exercise the power of eminent domain under Section 163.375 Florida Statutes when specifically approved by a resolution of the City for,each particular acquisition; and WHEREAS, The Agency has determined.that it is necessary and appropriate and essential for the success of the, execution of the Redevelopment Plan and, accordingly, requests that the power of eminent domain be available when necessary for use by the Agency, at the discretion of the City, for each specific defined purpose of the Redevelopment Plan and for the purpose provided for in Section 163.370 (3) (a) Florida Statutes; and WHEREAS, the City Commission of the City of Miami, Florida, has received and considered the request of the Agency and determined that it is in the best interests of the public and the City that such request of the Agency be submitted to the Board of County Commissioners of the County along with the request of the City that it be approved by the County and such request has been delivered to and considered by the Board of County Commissioners of Miami -Dade County; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE MIAMI-DADE COUNTY, FLORIDA: Section 1. Recitals Incorporated The recital set forthabove are hereby approved and adopted by the Board of Commissioners of Miami -Dade County, Florida ("County"), and incorporated herein as if set forth in this- resolution. Section 2. Delegation of Eminent Domain Power. The Board of County Commissioners of Miami -Dade County, Florida, does hereby delegate to the City of Miami; Florida the power of eminent domain under Section 163.375, Florida Statutes, to be exercised by the Southeast Overtown/Park West Community Redevelopment Agency within the Redevelopment Area when necessary to further the goals, objective and the execution of the City and County approved Redevelopment Plan for the Redevelopment Area of the Agency, and that the City Commission may, in its discretion, delegate such eminent domain power to the Agency for each specific use for the purpose of the Redevelopment Plan Phase I Project and other redevelopment agreements, -responsibilities and understandings of the parties set forth in the City and County Interlocal Agreement, dated March 31, 1983, as amended; or as otherwise approved by the County. • DRAFT COUNTY RESOLUTION ATTACHMENT Section 3 Authorization for Action to be Taken. The Board of County Commissioners of Miami -Dade County, Florida, does hereby authorize and direct that the appropriate officials of Miami -Dade County, Florida take such actions as may be necessary to effectuate this resolution as done for the City by the County for use by the Omni Community Redevelopment Agency. Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption by the Board of County Commissioners of the Miami - Dade County. The foregoing resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote was as follows: [Insert Commissioner' names] The Mayor thereupon declared the resolution duly passed and adopted this day of , 2000. MIAMI-DADE County, FLORIDA BY ITS BOARD OF County COMMISSIONERS ,CLERK Approved by County Attorney as to Form and legal sufficiency. 3 O-1016