HomeMy WebLinkAboutR-86-0982J-86-1051
12/3/86
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RESOLUTION NO. +9 2t
A RESOLUTION AMENDING SECTION 1 OF
RESOLUTION NO. 86-905 BY CHANGING THE
DESIGNATION AND AMOUNT OF FUNDS
NEEDED TO COMPLY WITH THE SETTLEMENT
COST TO THE CITY FOR PAYMENT OF THE
SETTLEMENT OF TRIAL COURT AND
APPELLATE COURT PROCEEDINGS INVOLVING
CONDEMNATION- PROCEEDINGS OF 21
PARCELS OF PROPERTY ACQUIRED AND
NEEDED FOR THE OVERTOWN URBAN
INITIATIVES PROJECT.
WHEREAS, the City of Miami through Metropolitan Dade
County initiated condemnation of several parcels of land located
in the Overtown area of the City of Miami; and
i WHEREAS, after taking of said property in September,
1984, a trial was held between April 21 - May 12, 1986 which
established the total value of the property at $7,552,500; and
WHEREAS, the City of Miami Commission approved
Resolution No. 86-905 authorizing settlement of Trial Court and
Appellate Court Proceedings Involving condemnation proceedings of
21 parcels of property acquired and needed for the Overtown Urban
Initiatives Project; Designating all funds needed to comply with
the settlement cost to the City; and
WHEREAS, Metropolitan Dade County has provided the City
of Miami with a listing of revised expenditures from the
remaining balance of unexpended funds from the original Urban
Initiative Grant for the Overtown Project; and
WHEREAS, a review has been conducted of existing
account balances for City funding for the Court settlement;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA.
Section 1. Section 1 of Resolution No. 86-90
November 13, 1986 is hereby amended in the following par
i
1 Words and/or figures stricken through shall be deleted
Underscored words and/or figures shall be added.
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CITY CQMMISSION
i c U WtTINC OF
DEC it 1986
-330- ION N18G 9s"
Section i s hereby a llthar-i a-ed—ta -be- —made--i-n
Settlement is hereby authorized to be made in the trial
court and appellate court proceedings resulting from the
condemnation and the acquisition off 21 parcels of land located
in the Overtown area of the City of Miami and needed for the
Overtown Urban Initiatives Project, whereby the city Manager is
authorized to pay the following amounts in addition to $2,275,400
which was deposited in the Court Registry in said condemnation
proceedings: $1,423,000, the remaining balance of unexpended
funds from the original Urban Initiative Grant for the Overtown
Project; $1,764,009 from the balance of proceeds from 1976
General Obligations Housing Bonds allocated for land acquisition
in Southeast Overtown/Park west; $123,046, the remaining amount
of acquisition assistance provided for Block 44 from Miami Sports
and Exhibition Authority; $2,500,000, the balance of unencumbered
Section 108 Loan funds resulting from U.S. Housing and Urban
Development Regional Office approval obtained for Plan amendment;
and $160,000, from Community Development Block Grant funds (7th
Year) allocated for Southeast Overtown/Park West land
acquisition.
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-PASSED AND ADOPTED this llth. day of December 1986.
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ATTEST:tLERK
CIT
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PREPARED AND APPROVED BY:
A/7-
A D-'ERT—F F. �C'L A K K, Y-4�66 - -CIT _ATTGtRE'P
APPROVED TO FORM AND CORRECTNESS:
,
CITY OF MIAMI F C LORIOA 22
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
FROM: Cesar H. Odio
City Manager 7/w)
RECOMMENDATION
DATE: DEC 51986
SUBJECT:
REFERENCES:
ENCLOSURES:
RILE:
December 11, 1986
Commission Meeting
Amendment to Resolution
86-905
It is respectfully recommended that the City Commission approve the
attached Resolution amending Resolution 86-905, a Resolution
authorizing settlement of Trial Court and Appellate Court proceedings
of 21 parcels of property acquired and needed for the Overtown Urban
Initiatives Project by amending Section 1 relating to the designation
of funds for the approved settlement.
BACKGROUND
The Department of Development has analyzed and reviewed this
Amendment to Resolution No. 86-905. On November 13, 1986, the City
Commission approved Resolution 86-905 which authorized the settlement
of Circuit Court Case No. 84-22936 for the amount of $8,897,500 and
the dismissal of D.C.A. Case No. 86-1639. On May 22, 1986 the City
Commission approved Resolution No. 86-390 and Ordinance No. 10106
Identifying sources and appropriating funding for settlement
purposes. Up to $5,712,500 was identified and set aside pending
settlement of this case.
The County has subsequently completed a review of the expenditures of
the Overtown Urban Initiative Grant and have indicated that the
remaining balance in the UMTA Grant is $1,423,000 instead of
$1,555,360 as previously indicated. Based on this factor the
liability to the City is $4,419,235. An additional $127,820 is
proposed to cover legal fees for properties included within the
original suit and for which a negotiated settlement was reached.
The total liability being $4,547,055 (Note Table A).
86-982. .
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TABLE A
REVISED 11/26/86
CONDEMNATION SETTLEMENT
CITY COST
Settlement
UMTA Deposit
Remaining Balance
(Unexpended UMTA
Funds (9/11/86)
Balance Due
City Portion (85%)
County Portion (15%)
Estimated City Portion
additional legal fees
$8,897,500
.2,275,400
-1,423,000
$5,199,100
$4,419,235
$ 779,865
S 127,820
TOTAL CITY ESTIMATED $4,547,055
LIABILITY
In order to cover the jury award and all remaining expenses incurred
within this case, it is recommended that the following revised
sources of funds be allocated to the payment of the $4,547,055
settement:
1. 1976 G.O. Housing Bonds allocated for land ........... $1,764,009
land acquisition in S.E. Overtown/Park West.
Reuse of parcels for which funds will be
assigned will be restricted to rental housing
under the provisions of the City of Miami
Affordable Rental Housing Program.
2. Miami Sports & Exhibition Authority ..................$ 123,046
acquisition assistance provided for Block 44
($874,000 already remitted).
3. Balance of Section 108 Loan..........................$2,500,000
funds not encumbered.
4. Approved CDBG funds (7th Year) .......................$ 160,000
allocated for S.E. Overtown/Park West land
acquisition.
TOTAL
$4,547,055
It is recommended that this Resolution be approved in order to allow
the deposit of these funds to the Clerk of the Circuit Court by end
of December.
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86-982