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Home My WebLink AboutR-85-0396A RESOLUTION ESTABLISHING PROCEDURES FOR THE ACQUISITION OF LAND THROUGH NEGOTIATED PURCHASE IN THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AREA. WHEREAS, the City Commission approved the Southeast Over- town/Park West Community Redevelopment Plan (Resolution No. 82- 755); and WHEREAS, the City Commission approved in principle the Phase I Overtown Transit Station Impact Area proposal for the Southeast Overtown/Park West Community Redevelopment Area (Resolution No. 83-972); and WHEREAS, the City Commission has declared that the most advantageous method to develop Southeast Overtown/Park West Phase I is by a Unified Development Project (Resolution No. 84- 893); and WHEREAS, the City Commission has authorized the City Manager to initiate the acquisition of properties within the Southeast Overtown/Park West Community Redevelopment Area (Resolution No. 85- 394) ; and WHEREAS, the City Commission has previously established a policy to provide a bonus over the appraised value to property owners who sell their property to the City through a a negotiated settlement in lieu of condemnation (Resolution 77-73); and WHEREAS, it is beneficial.for the City to obtain negotiated purchase of property; and WHEREAS, it is necessary to provide incentives for prop- erty owners to sell their property to the City in lieu of condemnation; CITY COMMISSION MEETING OF APR 1 RENAUS a;. NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to enter into agreements to purchase real estate in the Southeast Over- town/Park West Project area pending final Commission ratification for a price not to exceed the appraised value of the property to be acquired, plus a bonus of up to 10% on the first $50,000.00 and up to 5% on any amount over $50,000.00. PASSED AND ADOPTED this llth _ day of April _, 1984. ATTEST: hRALPff G. ONGIE ITY CLERK PREPARE AND APPROVED BY: Z ROBERT N. SECHEN ASSISTANT CITY ATTORNEY -2- MAURICE A. FERRE MAURICE A. FERRE, MAYOR APPROVED FORM AND a�vviss a's. uvvv CITY ATTORNEY TNESS: SS-396..4 I City OP MIAMI. F'L60110A I INfiEi aoFP10E MEMORANOUM to Lucia A. Dougherty City Attorney Attns Robert Sechen eAOM Herbert J. Bailey Assistant City Manager S.E. Overtown/Park West Redevelopment Proje DAtt March 25, 1985 PIU: Subitct Resolution Establishing Land Acquisition Procedures City Commission Agenda REFERENCES: April 11, 1985 ENCLOSURES r 2 Please review as to form and correctness the attached resolution establishing land acquisition procedures within the Southeast Overtown/Park West Redevelopment Project Area. This item is scheduled for the April 11, 1985, City Commission ! meeting. *5_ 0 85-396 8,5 39&R mammmmmud ti. Ct" 00 MIAMI. RLORIDA INT'Rft-OPPICE M SMONANDUM +a. Randolph B. Rosencrantz City Manager i FROM: Herbert J. Bailey j Assistant City Manager i S.E. Overtown/Park West Redevelopment Pro e Wit: March 21 • 1985 hit: IUVOCT: Land Acquisition Procedures City Commission Agenda IItIEI1tNCts: April 11, 1985 r' /CNCLOIUNCI; (1 ) It is recommended that the City Commission approve the attached resolution establishing procedures for the acquisition of land within the Southeast Overtown Park West Community Redevelopment Area. i The redevelopment of the Southeast Overtown/Park West pro ect area entails the public acquisition of land. Phase I acquisi- tion which the City will be initiating shortly, includes the acquisition of 71 parcels located on five blocks (five blocks are already in public ownership). This area was designated as a community redevelopment area under Florida Statute 163 which allows the City, through Dade County, to condemn the land for redevelopment purposes. In 1977 the City established procedures 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 authorized in the follow- ing 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 $10000,000. The City has utilized this procedure for property acquisition since 1977. <: The Southeast Overtown/Park West project will involve the most extensive property acquisition undertaken by the City due to the +� existing fragmented ownership pattern within the area. It would be most beneficial to the City to be able to conclude negotiated property settlements on land to be acquired. The experience of Dade County in this area has been that condemnation proceedings add an additional 25-35% to the appraised value. Florida law ' requires that the public body pay all legal expenses incurred by the property owner which can be substantial. At the present - time, the Dade County Department of Housing and Urban Development h >. utilizes a 5% bonus on all negotiated purchases over $10,000. F K �. • I? T :F �r 85 39& h�Z i 8,5-CIS&_ A I Randolph S. Rosenerantz +2= March 21, 1985 it is recommended that the existing procedures established by Resolution No. 77-73 be modified for the Southeast Overtown/Park West Project Phase I acquisition to increase the bonus provision for negotiated settlements for property acquisition. In order to foster negotiated property settlements, it is proposed that a bonus of up to 10% over the appraised value be paid on the first $50,000 and up to 5% on any amount over $50,000. The greater the ability to negotiate land purchases, the lower the overall cost of land acquisition will be to the City. 85 39G... B,5-t,_3VV.,r I MEE C!" OF MIAMI. FLOIRIbA INtER-0FFICE MEMORANDUM To. Randolph B. Rosencrantz DATE: March 21, 1985 OWL City Manager SUBJECT: Land Acquisition i Procedures i City Commission Agenda FROM: Herbert J. Bailey REFERENCES: April 11, 1985 Assistant City Manager S.E. Overtown/Park West t: ENCLOSURES: (1 ) Redevelopment Project It is recommended that the City Commission approve the attached resolution establishing !procedures for the acquisition of land within the Southeast Overtown Park West Community Redevelopment Area. The redevelopment of the Southeast Overtown/Park West project area entails the public acquisition of land. Phase I acquisi- tion which trie City will be- initiating shortly, includes the acquisition of 71 parcels located on five blocks (five blocks are already in public ownership). This area was designated as a community redevelopment area under Florida Statute 163 which allows the City, through Dade County, to condemn tits land far redevelopment purposes. In 1977 the City established procedures 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 authorized in the follow- ing 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 property acquisition since 1977. The Southeast Overtown/Park West project will involve the most extensive property acquisition undertaken by the City due to the existing fragmented ownership pattern within the area. It would be most beneficial to the City to be able to conclude negotiated property settlements on land to be acquired. The experience of Dade County in this area has been that condemnation proceedings add an additional 25-35% to the appraised value. Florida law requires that the public body pay all legal expenses incurred by the property owner which can be substantial. At the present time, the Dade County Department of Housing and Urban Development utilizes a 5% bonus on all negotiated purchases over $10,000. 8,5-39&. Randolph B. Rosencrantz -2- March 21, 1985 It is recommended that the existing procedures established by Resolution tdo. 77-73 be modified for the Southeast Overtown/Park West Project Phase I acquisition to increase the bonus provision for negotiated settlements for property acquisition. In order to foster negotiated property settlements, it is proposed that a bonus of up to 10% over the appraised value be paid on the first $50,000 and up to 5% on any amount over $50,000. The greater the ability to negotiate land purchases, the lower the overall cost of land acquisition will be to the City. 85-39&_ J-85-354 j 3/18/85 RESOLUTION NO. A RESOLUTION ESTABLISHING PROCEDURES FOR THE ACQUISITION OF LAND THROUGH NEGOTIATED PURCHASE IN THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AREA. WHEREAS, the City Commission approved the Southeast Over- town/Park West Community Redevelopment Plan (Resolution No. 82- 755); and WHEREAS, the City Commission approved in principle the Phase I Overtown Transit Station Impact Area proposal for the Southeast Overtown/Park West Community Redevelopment Area (Resolution No. 83-9.72) ; and WHEREAS, the City Commission has declared that the most advantageous method to develop Southeast Overtown/Park West Phase I is by a Unified Development Project (Resolution No. 84- 893); and WHEREAS, the City Commission has authorized the City Manager to initiate the acquisition of properties within the Southeast Overtown/Park West Community Redevelopment Area (Resolution No. 85- ); and WHEREAS, the City Commission has previously established a policy to provide a bonus over the appraised value to property owners who sell their property to the City through a a negotiated settlement in lieu of condemnation (Resolution 77-73); and WHEREAS, it is beneficial for the City to obtain negotiated purchase of property; and WHEREAS, it is necessary to provide incentives for prop- erty owners to sell their property to the City in lieu of condemnation; i :�: NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to enter into agreements to purchase real estate in the Southeast Over- town/Park West -Project area pending final Commission ratification for a price not to exceed the appraised value of the property to be acquired, plus a bonus of up to 10% on the first $50,000.00 and up to 5% on any amount over $50,000.00. PASSED AND ADOPTED this day of , 1984. ATTEST: RALPH G. ONGIE CITY CLERK PREPARED AND APPROVED BY: ROBERT N. SECHEN ASSISTANT CITY ATTORNEY MAURICE A. FERRE, MAYOR APPROVED ALTO FORM AND, -CORRECTNESS: r'LUCIA A. DOUGHTY CITY ATTORNEY -2-