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Home My WebLink AboutR-86-0289J-86-182 RESOLUTION 00.8E8� A RESOLUTION ESTABLISHING CITY POLICY FOR _ NEGOTIATED PURCHASES TO PROVIDE A BONUS TO PROPERTY OWNERS; AND FURTHER TO ESTAB- LISH A POLICY FOR THE RELOCATION OF BUSINESSES DISPLACED BY THE PUBLIC ACQUI- SITION OF REAL ESTATE PROPERTY WITHIN THE SOUTH DISTRICT POLICE SUBSTATION SITE, EXPEDITING PUBLIC ACQUISITION OF 13 LOTS AND THE IMPROVEMENTS THEREON IN THE CITY OF MIAMI FOR THE SOUTH DISTRICT POLICE SUBSTATION (SAID PROPERTY LEGALLY DESCRIBED AS LOTS 4 THROUGH 16, ALL IN KENILWORTH REVISED SUBDIVISION, AS RECORDED IN PLAT BOOK 5 AT PAGE 115; BOUNDED ON THE NORTH BY WEST FLAGLER STREET; WEST BY SW 23 AVENUE; SOUTH BY SW 1 STREET; EAST BY BEACOM BOULEVARD A/K/A/ SW 22 AVENUE ROAD). WHEREAS, the City Commission passed Emergency Ordinance No. 9803 which provided for the establishment of a full service police substation in the Little Havana Area; and WHEREAS, the approved site of the South District Police Substation, which includes 13 lots, is designated for public acquisition; and WHEREAS, the City Commission previously established a policy under Resolution 77-73 to provide a bonus over the appraised value to property owners who sell their property to the City through a negotiated settlement in lieu of condemnation; and WHEREAS, there is no existing City policy for business relocation of those businesses displaced through public acquisition; and WHEREAS,'it is necessary to provide incentives for property owners to sell their property to the City in lieu of condemnation; and WHEREAS, funding for the public acquisition of this site are provided from 1984 Miami Police Headquarters and Crime Prevention Facilities Bonds; and WHEREAS, City policy for negotiated purchases in lieu of condemnation and for observing Federal Uniform Relocation Standards will apply solely to the site of the South District Police Substation and no other public acquisition by the City; NOW, THEREFORE BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: CITY COMMISSIONMEETING OF APR 10 19-80 ; - Section 1. It shall be the policyl to provide a bonus to property owners within the South District Police Substation site ,who_.. negotiated a settlement for the City to purchase their property fee simple in lieu of condemnation, up to but not to exceed 10% on the average of two appraised values. Section 2. It shall be the policy to provide business relocation assistance within the South District Police Substation site,, following the guidelines of the Federal Uniform Relocation Standards, which delineate procedures and remuneration of businesses displaced by public acquisition. All resulting relocation settlements will be subject to City Commission approval. PASSED AND ADOPTED this 1` day of APRIL , 1986. XAVIER L. S EZ ATT MAYOR MANY HIRAI, CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROVED TO)FORK AND CORREC ESS: j .rvvsw �+. avv CITY ATTORNE l The herein policy set forth in Sections 1 and 2 hereof are for the sole purpose of expediting public acquisition of 13 lots and the improvements thereon in the City of Miami for the South District Police Substation (said property legally described as Lots 4 through 16, all in KENILWORTH REVISED SUBDIVISION as recorded in Plat Book 5 at page 115; bounded on the North by West Flagler street; West by SW 23 Avenue; South by SW 1 Street; East by Beacom Boulevard a/k/a SW 22 Avenue Road). 2 The herein policy set forth in Section 1 and 2 hereof are for the sole purpose of expediting public acquisition of 13 lots and the improvements thereon in the City of Miami for the South District Police Substation (said property legally described as Lots 4 through 16, all in KENILWORTH REVISED. SUBDIVISION as recorded in Plat Book 5 at page 115; bounded on the North by West Flagler street; West by SW 23 Avenue; South by SW 1 Street; East by Beacom Boulevard a/k/a SW•22 Avenue Road). CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM Td: Honorable Mayor and OATS: APR '7'4 In FILM Members of the City Commission SUBJECT: Establishing Policy for Negotiated Purchases and Business Relocation for South District Police Cesar odio REFERENCE&Substation City Manager ENCLOSURES: A resolution establishing City policy for negotiated purchases to provide a bonus to property owners; and for business relocation, to expedite public acquisition of 13 lots and the improvements thereon for the South District Police Substation (said property legally described as Lots 4 through 16, all in Kenilworth Revised Subdivision, as recorded in Plat Book 5 at page 115; bounded on the North by West Plagler Street; West by SW . 23 Avenue; South by SW 1 Street; East by Beacom Boulevard a/k/a SW 22 Avenue Road). Emergency Ordinance No. 9803 passed by the City Commission on February 9, 1984, provides for the establishment of a full service police substation in the Little Havana area. Furthermore, the site for the South District Police Substation was designated by the City Commission by Motions 85-684 and 85- 846, passed respectively at Commission meetings held June 20, and July 25, 1985. Funds for the South District Police Substation site are provided from 1984 Miami Police Headquarters and Crime Prevention Facilities Bonds. The South District Police Substation project entails the public acquisition of land. The public acquisition of this site includes 13 lots owned by six different property owners, two owner -occupants, 12 Lessees or Sub -lessees -- all commercial operations, and three billboards. In 1977, the City established a City-wide procedure for the purchase of real estate in lieu of condemnation (resolution 77- 73) which included the provision of bonus incentives for negotiated settlement. Bonuses over the appraised value were 74 A El Honorable Mayor and Members of the City Commission South District Police Substation Page 2 authorized in the following manner: 10% on the first $10,000; 5% on any amount between $10,000 and $500,000; and 3% on any amount between $500,000 and $1,000,000. The City has utilized this procedure for real estate acquisition since 1977. The City of Miami does not have a City-wide relocation policy for businesses displaced through public acquisition. Given the urgency of implementing the South District Police Substation project, and recognizing that complex public acquisition must be undertaken by the City, it would be most beneficial to the City to be able to conclude negotiated settlements with the property owners by purchasing their property fee simple, in lieu of condemnation, and provide business relocation assistance. In condemnation proceedings, it has been the experience of Dade County that acquisition costs escalate 25% to-35% above the appraised value to the public body. Florida law requires that the public body pay all legal expenses incurred by the property owner. These can be substantial in condemnation proceedings. Recommendation The Property & Lease Management Division of General Services Administration recommends: 1. That the. existing procedure established by Resolution 77-73 be modified, exclusively for the South District Police Substation public acquisition, to increase the bonus. to property owners within the South District -Police Substation site, who negotiate a settlement for the City to purchase their property fee simple in lieu of condemnation, up to but not to exceed 10% on the average of two appraised values. 2. That the City provide business relocation assistance following the guidelines of the Federal Uniform Relocation Standards, exclusively for the South District Police Substation Public Acquisition, which delineate procedures and remuneration of businesses displaced by Public Acquisition. All relocation settlements will be subject to City Commission approval. 136-285 J