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Home My WebLink AboutO-10383J-88-t59 2110/88 ORDINANCE NC. AN EMERGENCY ORDINANCE AMENDING SECTI�ON I OF ORDINANCE NO. 10347, ADOPTED OCTOBER 22, 198-7, THE CAPITAL A P P RG P R I AT I ON S G'R D I N ANC E BY ESTABLISHING THE PROJECT ENTUCLED "BAY VISTA MARINA"r PROJECT NO. 354009t IN THE TOTAL AMOUNT OF $1,000,000 AND APPROPRIA,rING FUNDS IN THE AMOUNT OF $750,000 FROM CAPITAL IMPROVEMENT FUND - FUND BALANCE; AND $250,000 FROM THE DOWNTOWN PEOPLE -MOVER EXTENS'ION PROJECT DEPOSIT - INTEREST :INCOME; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, WHEREAS, the City Commission adopted Ordinance No. 10347 on October 22, 1987, establishing appropriations for the implementation of capital improvements in the City of Miami; and VV'HEREAS, in accordance with Section 2.136 of the Miami City Code (1980), the Planning Department has prepared and submitted to the City Commission a Capital Ii-aprovement Program (CIP) that identifies the sources of funding of all proposed capital projects valued at $5,000 or more for the program years 1987- 1993; and WHEREAS, this Program was adopted by the City Commission by Resolution No. 87-935 on October 22, 1987; and WHEREAS, the Property & Lease Management Division of the General Services Administration Department performs the func.tion of acquiring property for development projects which the City is presently implementing; and WHEREAS, the acquisition of the herein property will assist the City's development of a marina facility; and WHEREAS, total projected cost for this acquistion is $1,000,000, and monies are available in the amount of $750,000 from the Capital Improvement Fund Fund Balance, and $250,000 from the Downtown People -Mover Extension Project Deposit Interest Income to cover the acquisition expenses; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: J-88=- 159 21 [0/88 4�1 _ GRID INIANC E' NC AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10347, ADOPTED OCTOBER 22, 1987, THE CAPITAL APPROPRIAltONS UKLINANCE, BY 8STABLI8HING THE PROJECT ENTITLED "BAY VISTA MARINA", PROJECT NO. 354009, IN THE TOTAL AMOUNT OF $lt000,000 AND APPROPRIATING FUNDS IN THE AMOUNT OF' $750,000 FROM CAPITAL IMPROVEMENT FUND - FUND BALANCE; AND $250.tOOO FROM THE DOWNTOWN PEOPLE -MOVER EXTENSION PROJECT DEPOSIT - INTEREST INCOME; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE: WHEREAS, the City Commission adopted Ordinance No. 10347 on October 22, 1987, establishing appropriations for the implementation of capital improvements in the City- of Miami; and vvHEREAS, in accordance with Section 2.136 of the Miami City Code (1980), the Planning Department has prepared and submitted to the City Commission a Capital Improv(,_,ment Program (CIP) that identities the sources of funding of all proposed capital projects valued at $5,000 or more for the program years 1987- 1993; and WHEREAS, this Program was adopted ed by the City Commission by Resolution No. 87-935 on October 22, 1987; and WHEREAS, the Property & Lease Management rivision of the General Services Administration Department performs the function of acquiring property for development projects which the City is presently implementing; and WHEREAS, the acquisition of tne herein property will assist the City's development of a marina facility; and WHEREAS, total projected cost for this acquistion is $1,000,000, and monies are available in the amount of $750,000 from tne Capital Improvement Fund - Fund Balance, and $250,000 from the Downtown People -Mover Extension Project Deposit - Interest Income to cover the acquisition expenses; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 03 Section 1. Section l of Ordinance No. 10341, adopted October 22, 19987, as amended, is hereby further amended in the following particulars ; I/ "Section l: The herein appropriations are hereby made for implementation of all municipal capital improvements of the City of Miami, including new capital improvement projects_ scheduled to begin during fiscal year 1087-88, The herein appropriations which are hereby designated by reference to descriptive project title and number also include appropriations for previously approved scheduled projects as well as re - appropriations of prior fund appropriations, The source of revenues to support the herein appropriations is hereby identified by fund and project with the project appropriations and revenues therefor being set forth for seven areas (I -VII) based upon use or functional category within said areas, as follows: Total Appropriations ($ X 1000) V. PUBLIC FACILITIES MARINAS A. Capital Projects 1. Bea Vista Marina 354009 $1000.0 750.0 - Capital Improvement Fund - Fund Balance ( 25 .0 - Downtown People -Mover Extension Project Deposit - ,Interest Income Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this ordinance are hereby -repealed. Section 3. If any section, part of section, paragraph, clause, phrase, or'word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected. Words and/or figures stricken through shall be deleted. Underlined words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged, Asterisks indicate omitted and unchanged material. All figures are rounded to the nearest dollar, Section 4. 'Phis ordinance is hereby declared to be an emergency measure on the grounds of urgent need for the preservation of peace, health, safety, and property of the City of Miami and upon the further grounds of the necessity to make the required and necessary payments to generally carry out the functions and duties of municpal affairs. Section 5. The requirements of reading this ordinance on two separate occasions is hereby dispensed with by a vote of not less than four --fifths of the members of the Commission. PASSED AND ADOPTED ON this Fe brizstrr ._ _ ► 1988. ATTES d CITY CLERK BUDGETARY REVIEW: FRANK MAY, ACTING DI OR MANAGEMENT & BUDGET DEPARTMENT PREPARED AND APPROVED BY: OBERT ARK CHIEF DEPUTY CITY ATTORNEY 18th , day of MAYOR PLANNING REVIEW: SERGIO. IGUEZ _ PLANNI.N DIRECTOR r' FINANCIAL REVIEW: CARD E. GARCIA, DIRECTOR DEPARTMENT OF FINANCE APPROVNi6 SAS TO FORM CORR TNESS: I;UCI;IA A.1 DOUGHERTY CITY ATTORNEY 1, A�:ttty 11ir�i, (:lark r1f t1le Cit}• crf A1i:1111i, Florida har�by cortify tJaat 011 A. 1). 19 full. trur :1ncl c crrrtict ca of flee and f�rtc�«:rir1., r, P5 :shove �; r�l�rtan.c. ti1;:s p-s.-tc�d rat tJ:.. S:auth I)ucn• cr:' tlrc !)ads C:.-►urtt�(:-►urt JI•,st.,�; ;;t tf1w� Dl;ic'ta prc11•itied for ra:,tic,cs �»a t�ahJi,::ii,�rt, tz)• aitt::chiii a;:ai�1 cc,11�• to the rilrt�u 11t'�a1 id„! t:xr.i,;r. �rJ•1•i"tili..� n1� It:r,1Gl sittd tha . tfic:ial $`i11 (;ity dais ofSAlc1 . �j. J9 r)yCler 8 t 1_1 1E I t. 27 t fn Hbhorable Mayor and Mettber a 6f the City Comrni ssi - n awoM Cesar H. Odio City Manager RECOMME:NDA`I'ION: City oF' WAW, FLOWDA iNtIER-OPPIcE MIEMOAANbUM $U1kJ ,:t Emergency ordinance Amending the PY'88 Capital Appropriations Ordinance ALFERENCES ENLLOSURES The General Services Administration recommends, that this Emergency Ordinance, amending the FY188 Capital Appropriations Ordinance, be adopted so that funds are available for the imminent closing on the acquisition of real property for the proposed "Bay Vista Marina". BACKGROUND The General Services Administration has secured appraisals of a vacant. tract of upland and baybottom located at Northeast 69-71 Streets and Biscayne - Bay for the proposed "Bay Vista Marina" in accordance with Resolution No. 85-919. Resolution No. 87-273 adopted March 13, 1987 formalized the City's offer of $1,000,000 to the owner-(s) and negotiations followed and are now at the point where a closing on this acquisition is imminent. The City executed a purchase and sale agreement on December 23, 1987 and therefore, is legally obligated to purchase the property. Thus, it is imperative that the funding be available for the closing so no problem arises to place us in legal jeopardy. Funds are available from the Capital Improvement Fund' - Fund Balance and the Downtown People -Mover Extension Project Deposit - Interest Income. t 1038 i CITY OP MIA.W Pri-bRIb . INTPER-OF ICE MtMfJfiM, ° Cesar H Odiop City Manager °Are Attn. Carlos Smith �, �Er Technical Services Admines' ra�tor 4.c V //i gip'= el .8. Max 1 'It IEPCNCES sistant C y Attorney t NcL ost. PCs 14 "DtVI�IO;i January 28, 1988 "`c City Purchase of Vacant Land located between N.S. 69th 71st street on Biscayne Say Resolution No. 87-278 on December 23, 1987, the City Manager executed a One Million Dollars ($1,000.000.00) Purchase and Sale Agreement with the owners of certain real estate located between N.E. 69th Street and 71st Street on Biscayne Say for purposes of constructing- a park and/or marina facility. This Purchase and Sale Agreement ("Agreement") was executed pursuant to City Commission Resolution No. 87-278. Although the Agreement required the City to close within 45 days of its execution, it also allowed for certain extensions, not to exceed 90 days, for purposes of eliminating any title defects. Because the property was part of an estate, one requirement of the City was that the sellers obtain a Probate Court order authorizing the sale of the property. The court order subsequently provided to the City was legally deficient in that it did not contain a legal description of the property. Consequenly, we have required the sellers to go back to Court to obtain an Amended Order. The Closing would not occur until thirty (30) days subsequent to the date of the Amended Order because of the requisite appeal period. This Office has not received an executed Amended Order. Thus, it is' not possible to determine precisely, when closing may be scheduled (now seems that, it will be the mid -to -latter part of February). However, one thing is abundantly; clear; the City must have its fiscal "house in order" when the title problems are cleared -up. I have spoken to Carlos Garcia, Finance Director, Al Armada, Property and Lease Manager, Ron Williams,, Director of General Services Administration Department, and Carlos Smith concerning the absolute necessity of having the City's $1,000,000.00 purchase price earmarked, allocated, and ready for transfer to the sellers at the time of closing. As a consequence of the City having executed the Agreement, it is legally obligated to purchase that property if the Seller n " Cesar H. Odio, City Manager January 28j 1988 Atth.: Carlos Smith Page 2 Meets all oth.er,r.e uireme.nts. Apparently, they will do so. ►'use; it is Imperative that we move now, albeit belatedly, to identify the funding sources and make sure that no problems concerning the funding of this acquisition arise at the last moment to place us in legal jeopardy. JEM/db/P469 cc: Lucia A. Dougherty, City Attorney Ron Williams, Director, General Services Administration Albert J. Armada, Property s Lease Manager Carlos Garcia, Director, Finance Department Jose A. Solanos, Esquire :10414'