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HomeMy WebLinkAboutApplication & Supp Docs• • i�k # 0#Jf MinMinl�TE# r a4 APPLICATION TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN HEARING BOARDS 444 SW 2n° Avenue, 7`" Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 45-13co ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. APPLICANTS ARE RESPONSIBLE, IF NEEDED, TO BRING AN INTERPRETER FOR THE ENGLISH LANGUAGE TO ANY PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. POWER OF ATTORNEY WILL BE REQUIRED IF NEITHER APPLICANT OR LEGAL COUNSEL REPRESENTING THE APPLICANT EXECUTE THE APPLICATION OR DESIRE TO MAKE A PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. IT WILL BE ACCEPTED ONLY THE FIRST SEVEN (7) DAYS OF THE MONTH FROM 8:00 AM UNTIL 3:30 PM. 1. Section 62-32 of the Code of the City of Miami, periodic review of the adopted comprehensive plan and adoption of evaluation and appraisal report reads as follows: (a) Periodically, but not less often than once in five years or more often than once in two years, the comprehensive plan shall be reviewed, evaluated and appraised by the planning advisory board to determine whether changes in the amount, kind or direction of development and growth of the city or area thereof, or other reasons, make it necessary or beneficial to make additions or amendments to the comprehensive plan. The Planning and Zoning Department shall prepare an evaluation and appraisal report for the planning advisory board which shall evaluate the comprehensive plan pertaining to the major problems of development, physical deterioration and the location of land uses and the social and economic effects of such uses; the status of each element of the comprehensive plan; the objectives of the comprehensive plan compared to actual results and the extent to which unanticipated and unforeseen problems and opportunities occurred; all as compared between the date of adoption and the date of the report. The report shall suggest that changes needed to update the comprehensive plan including reformulated objectives, policies and standards. (b) The planning advisory board may recommend the report as presented, modify the report or reject the report in duly noticed public hearing pursuant to the procedures in Section 62-31. (c) The city commission shall adopt, or adopt with changes, the report or portions thereof by resolution in public hearing within 90 days after the planning advisory board date of recommendation. The city commission shall thereafter amend the comprehensive plan based on the recommendation in the evaluation and appraisal report. Adoption of the report and recommended amendments to the plan may be made simultaneously Rev. 12/26/02 pursuant to section 62-31 or if not simultaneous, the evaluation and appraisal report shall contain a schedule for adoption of the recommended amendments within one year. See also Article 22 of the Zoning Ordinance. 2. Two 11x17" original current surveys, prepared by a State of Florida Registered Land Surveyor within six months from the date of application. 3. An 8 '/ x11" copy of all exhibits that will be presented at the hearing shall be attached to this application. 4. Affidavit and disclosure of ownership of subject property and disclosure of interest (see attached form). 5. Complete application should be reviewed and initialed by Planning and Zoning designee prior to submittal. 6. Cost of processing, according to the City Code: Conservation, recreation, residential single-family duplex $ 300.00 Residential medium density multifamily $ 450.00 Residential high -density multifamily, office, major public facilities, transportation/utilities $ 550.00 Commercial/restricted, commercial/general and industrial $ 650.00 Commercial (CBD) $ 1,200.00 Surcharge for advertising each item $ 1,200.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 7. This petition is proposed by: ( ) Planning and Zoning Department (XX) Other (please specify): Miami -Dade County Housing Agency 8. The subject property is located at: 940 S. W. 29th Court Folio number: 01-4109048-0010 AND MORE PARTICULARLY DESCRIBED AS: Lot(s) Block(s) The South 250.75 feet of Tract "A" of"PUBLIC HOUSING PROJECT FLORIDA 5-18", Subdivision according to the plat thereof recorded in Plat Book 81, pg 26, Dade. (See attached survey for specific wording of Legal Description.) Rev. 12/26/02 • 1 9. The undersigned being the owner or the representative of the owner, of the subject property do(es) respectfully request the approval of the City of Miami for the following amendment(s) to the Miami Comprehensive Neighborhood Plan for the above -described property as indicated in the Land Use Plan: FROM: Duplex Residential (R-2) TO: Medium Density Residential (R-3) 10. Please supply a statement indicating why you think the existing plan designation is inappropriate: The Northern portion of the property is currently zoned Medium Desity Residential, while the Southern portion is currently zoned Duplex Residential (split land use designations on a common property). 11 Pjease supply a statement justifying your request to change the plan to your requested plan designation. The requested land use change will bring the property to one land use designation for the entire property. 12. What is the acreage of the property being requested for a change in plan designation? The acreage is approximately 2.33 acres. 13. Has the designation of this property been changed in the last year? No. 14. Do you own any other property within 200 feet of the subject property? Yes. If yes, has this other property been granted a change in plan designation within the last twelve months? No. 15. Have you made a companion application for a change of zoning for the subject property with the Hearing Boards Division? Yes. 16. Have you filed with the Hearing Boards Division a(n): ■ Owner's list form? Yes. ■ Affidavit of ownership? Yes. • Disclosure of ownership form? Yes. ■ List of owners of property within 500 feet of the subject property? Yes. If not, please supply them. Rev. 12/26IO2 i • 17. is the property within the boundaries of a historic site, historic district or archeological zone designated pursuant to Chapter 23 of the Miami City Code? No . 18. Is the property within the boundaries of an Environmental Preservation District designated pursuant to Chapter 17 of the Miami City Code? No. 19. What is the purpose of this amendment? To change the land use designation on the Southern portion of Tract "A" from Duplex Residential (R-2) to Medium Density Residential (R-3), so the entire proper has one land use designation. Rev, 12/26/02 4 Signature Name Address Miami -Dade County Housing Agency 1401 N. W. 7th Street Miami, FL 33125 Telephone 305-644-5112 Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 20 , by who is an individual personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this -day of 20r by Rene Rodriquez, Director of Miami -Dade County Housing Agency a County Agency in the State of Florida corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification and who did (did not) take an oath. (Stamp) STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing 20 % by behalf or-7- He/She is personally known to me or who j as identification and who did (did not) tak (Stamp) Rev 12/26/02 CRY po.,�r BEFRNAD€ICIAL NETARY SEAL MGIH OSH * CO& MISSION NUMBER R; > ,c a eca9 flq MY OCJIMRSSKOi EXPIRES OF Fi SEPT 2Q,2004 e strument was acknowledged before me this 9%ay of partner or agent) on pr iduce an oath. , a partnership. Signature • • 20 {, by 74/e 7 / a ( - �2 corporatio on behalf % the coloration. /S is rearsonally known to produce • �.. ; . ? '� ',„ as identification and who did (did not) take AFFIDAVIT Before me, the undersigned authority, this day personally appeared Rene Rodriguez, Director , who being by me first deposes and says: 1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed an the foregoing pages of this affidavit and made a part thereof. 2. That all owners which he/she represents, if any, have given their full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the accompanying petition, 0 including responding to day to day staff inquires; 0 not including responding to day to day staff inquiries in which case he/she should be contacted at 3. That the foregoing pages are made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Rene Rodriguez Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of r of (Stamp) s FOAL NOTARY SEAL. 0� {tY �U8{'BERNADENE MCINTOSH * ' µ (i3 * COMMISSION NUMBER / 1-CC962849 9 ¢� MY COMMt5SION EXPIRES OF Fi0 SEFr 24 2004,w. or has n oath. Rev 12/05/01 • OWNER'S LIST MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS Owner's Name c/o RENE RODRIGUEZ, DIRECTOR (MIAMI-DADE HOUSING AGENCY) Mailing Address 1401 N. W. 7th Street Miami, FL Zip Code 33125 Telephone Number 305-644-5112 "TRACT A", FLORIDA PUBLIC HOUSING PROJECT FLA-518, pb 81 , pg 26, Legal Description: Dade Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Owners Name Mailing Address Zip Code Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 500 feet of the subject site is listed as follows: Street Address Legal Description NORTHERN PORTION OF SITE TRACT "A", as noted above. Street Address Legal Description Street Address Legal Description Rev. 10101 /02 4 • • DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: The South 250.75 feet of Tract "A" of "PUBLIC HOUSING PROJECT FLORIDA 5-18", according to the plat thereof as recorded in Plat Book 81, at Page 26 of the Public Records of Miami -Dade County, Florida. Lying and being situated in the City of Miami, Miami -Dade County, Florida. 2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City of Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. The Board of County Commissioners of Miami -Dade County, Florida. 3. Legal description and street address of arty answer to question #2, and (b) located within Tract "A" of "PUBLIC HOUSING PROJECT thereof as recorded in Plat Book 81, Dade County, Florida. Rene Rodriguez, Director Owner or Attorney for Owner Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing strume 20.: by t was acknowled real property (a) owned by any party listed in 500 feet of the subject real property. FLORIDA 5-18", according to the plat at P.ge 26 of he Public Records of Miami- ed before me this orney for r Signa corpora produce (Stamp) ion. on all a the orporation. He .he ' pers►nally known to me :r has -.7:2",r as identification and who did (did not) take an oath. of ure �* Y p A BERNADENEE ucurra6H SEAL 7F COMMISSION NUMBER tA,'I ' d Cc982849 c.9 MY COMMISSION EXPIi ES OF FAO SEPT 20,2004 Rev. 12/05/01 Signature MEMORANDUM TO: Steve Shiver DATE: County Manager FROM: Rene Rodriguez, Director Miami -Dade Housing Agency SUBJECT: Request for Rezoning of Land located at S.W. 29th Ave. and 9th Street — Proposed Smathers Plaza Assisted Living Facility (ALF) Miami -Dade Housing Agency (MDHA) is requesting your assistance in applying for a Change of Zoning on the vacant parcel of land located at the southern 260± feet of the existing Smathers Plaza development, Fla. 5-018 (935 S.W. 30th Ave.), from its present R-2 to R-3 zoning. This will allow the agency to develop a much needed Assisted Living Facility (approved by Resolution R-1354-01) on this site for frail elderly residents that need help with activities of daily living. The City of Miami requires a statement or resolution indicating that the person designated by the County Manager has authority to act on behalf of the County in regard to the above - referenced matter. The processing of this application may require many and/or extended appearances before the City of Miami Commission and/or Zoning Hearing Board. It would be greatly appreciated if you indicate your approval of the following statement to be included in the above -mentioned request for rezoning of land: "As the County Manager of Miami -Dade County, I hereby authorize Rene Rodriguez, Director of Miami -Dade Housing Agency and/or his designee to act on behalf of the County in the matter of the rezoning, permit, plans processing, and the application to amend the Miami Comprehensive Neighborhood Plan for the proposed Smathers Plaza A.L.F. to be located at 2970 S.W. 9th Street." Approved: Steve Shiver Date: Disapproved: 4/T3 Steve Shiver County Manager County Manager OFFICE OF HOUSING, PLANNING AND DEVELOPMENT 3000 NW 32" Avenue Miami, Florida 33142-5723 (305) 638-5757 Fax {305) 638-6135 1401 NW 7" Street Miami, Florida 33125 (305) 644-5100 Fax (305) 643-8532 www.co, miarnl-dade.fl. uslhousing May 21, 2003 C. David Morton & Associates 4444 Southwest 71st Ave. #103 Miami, FL 33155 305-740-0627 F305-740-0728 Attn: C. David Morton Re: Smathers Plaza, Fla. 5-018, folio #01-4109048-0010 Assisted -Living Facility (A.L.F.) Dear Mr. Morton: The items you requested are attached: • WARRANTY DEED between the private owners of the property, Andrew & Luella Richard of Monmouth New Jersey, and the Housing Authority of the City of Miami, Florida - dated October 9, 1959. • Resolution No. R-1428-67 which authorizes the transfer of the City of Miami Housing Authority to Dade County's Department of Housing and Urban Development - Dated November 20, 1967. • Public Value Inquiry indicating the current owner as Miami - Dade County We understand that the estimated date for the public hearings will be sometime in June or July and the final approval is expected by September 2003. Let me know if you need more information. ose A. Rodriguez, R.A., G.C. Chief of Planning Section RECEIVED BY: JAR/ cc: Francisco Trujillo, R.A., Assist. Dir. of Planning and Devel. M;IAM.I.DA .rsnn,r.rtir tereo • arrantV Or tEiyia .nitniturt. Mich thin }. . dhy d A d t BETWEEN and l??FLLlk hICEAED, his wife, ws.seritiremosa A. A. 19 of th. Comity .f n" 7 tl t't tad State el New Je potties al she fast pert.end THE RC7.:SI`:0 P.UT CRIT-t 4F rI ,saasparariaa c r i=R �.S r odds, .siui rs soder the lister of the Sate of Florida . . itelaiatt is principal piny of busier= ix the County •l Dade end Some y Florida Old hoeftsfly outshoriatil sr transact boohoos in the agree of nor+dr. peaty of the sensed port. rrnwES5Ent, Thes the amid Fret y 4 the Aral pat. for nod los .sw.ideistibw of die seas of ( 1O.00} - ... ) • c- 'JA w�'�'r• C.t:.'r,eratior.. t ,rr Vi * head paid by the acid party y the aer.sd port. the Wed, *cheroot is hereby .eiarw. fed d, towesead. bergarsed a..d mold to the acid posy elf the second parr. its toacown read sweats. forever. the f.Noteini described dead astssepa. tying awl being is the Coney of De d e and State y • ls ida, Asit: The South 666.75 feet of Lots 5 erd 6, iti1:G�"� 5Gr3D1t'15T.C1:, aecordinc' tc the Flat t .ereor, recorded in Piet Ecok " " Fa, - 1:SO cf the ?obit"! Records a1' Desde ='lord gip. ,s . _nv,-•;ence a ivr,« tc correct CnrtF.ln • scT*1v;'r 1' 1 't certain werrenty i -•� I j!';t :ijT t1;£` E.S'P.iitCrS tc the :'�:.' ='et ..f r +_ :� • 7 ? rk •J"'.d was flied for record in the rr: =wvw of Dsdr Count: 'lcrlde on July 1.-.14, 1�56 >{I.` bR_11'3557. STATEoFLURIUA' tjOCUMENTAD STAMP TAX a OM -int cnnmaora P8 Imo And the amid part 1 e s of the Fir part do hssby teeny sarre.rt ekr tide so mid find, nod Ire def a sd rh. rears . ttt tie hnrjst asses *I .n potato smioaemmeeer. IN WITNESS WHEREOF. the and pest l e s sf the foss prat tiev a ieeetawao art their heads and seats dkr oir y nod yaw shave arrive& S p sa'd.sse+afrd sad debarred iw prrvawex 4 .s: r • ')/16%)-- .fR Lit s j'a, 1 Berl) S?ATE OF 1001$11120 NESh. JEST COUNTY or ,s'.liSxP.t79tth 3 litnitg Creak. rug ass this day persassdty appostred **fare msr. err slicer Only asthariswd is administer nosh* and terir athnorriniperats, A } DR 5'if RICHARD, sad Lt LLA ? L rr::.i3 'ris wife, to ow well known sm be the perms s deser►besi iw NW **o eseewlaed the faregaiag deed. tgtd actrsu t c ledgrd before use ohm the • eaersttri the same freely and ashantarilp for the purposes therein expressed. Mb 3 Nurilitr airlift' That 'Oro mid LiiT.U.A RICH!.. L . knots* to are to be the wife of the mid Pl a.F7i .RICHARD aw a sr sad sett rood examination Went Bade Ward brfarr tar, separately end sport pain hei paid did acknoto- ledge shot she audr hermits party as said seed for the pamper, of rnwasaseira. reliagseisking and conveying on tire nett, title mat iau rest, whether dent rr. horesemend or of sepesste property, statutory or egaut•ble. is and to she Sands Smelled therein, end that she rmersa d the said deed reedy nod ushostsrily and with- out wry compulsion. resstsaist. apgraheaairs, ee fear of or from her said try handeral4icia[andat At1ant : LiIG iaa11C 'tyre! 'c: o1�_ and soot, 411447 ,se .. [ day of l v: a G e . A_ D. 19 . Notary, .Public. Stare of ]rjrN .•.ter.. My ratemiesion rxpir.s ... T' ; STATE OF FLORIDA, • ix;Lr: r] ti€" 1A l+1E�_ i't tmm•5 is Etp:t}Y ,;pre, 4,County. of i 3 Arnim 1hTitir TM* to this doy personally appeared before test ern affi er-duty authorised to administer oaths and sales to ow well booms to be tit person described in as 1 who eneco ed the tomato'. g dead. mad adman. lodged before one that etorev tad the saw freely, seed uslunrarilyr for the purposes therein expressed. Main my hared sod ojkial semi as and State of Florida. this d* of Koi.uniaS U do ,LaYW. S GY Comity of T; • { ,A.D.19 • Date: Monday, May 19, 2003 Time: 1:57:54 PM 05/19/2003 * * * PUBLIC VALUE INQUIRY * * * PTXM0186 FOLIO 01 4109 048 0010 PROP ADDR 940 SW 29 CT MCD 0100 NAME AND LEGAL VALUE HISTORY DADE COUNTY YEAR 2001 2002 01/01/2003 HUD LAND 2226780 2845330 1401 NW 7 ST BLDG C BLDG MIAMI FL MARKET 2226780 2845330 331253601 5.68 AC PB 81-26 ASSESS 2226780 2845330 PUBLIC HOUSING PROJECT FLA 5-18 HEX TRACT A WVD LOT SIZE 247420 SQUARE FEET TOT EX 2226780 T 2845330 T TAXABLE STATE EXEMPT: COUNTY SALE DATE SALE TYPE I/V SALE AMT SALE O/R PF1-MORE LEGAL PF2-PARCEL INFO PF3-FOL SRCH PFS-TAX COLL PF7--PREV OWNER PF8-MENU PF13-OCCUP LIC .0 .. • i44M1' I K OH 79 fftc€ 35 0 „NO.555 P.2/B y• Not on Agenda Item No. 3 (y) 11-20.-67 RESOLUTION NO, R-.1.428-6y' RESOLUTION AUTHORIZING TRANSFER OF THE CITY OF Iv11A;MI HOUSING AUTHQRITY TO LADE COUNTY'S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, the City of Miarni Commission, by Resolution No, 39166 on November 13, 1967, agreed to transfer the duties, functions and property of the Miami Housing Authority to Metropolitan Dade County as• of January 1, 1968, in order to complete the organization of the Dade County Department of Housing and Urban Development; and WHEREAS, the Housing Authority of the City of Miami by motion, on November 7, 1967 agreed to mere with Metropolitan Dade County; and WHEREAS, the Commission of the City of Miami has agreed to nominate four (41 persons to be eonside d For appointment by the Board of County Commissioners to two positions on the HUD Advisory Board; .and WHEREAS, the City of Miami Commission has requested that certain procedures be followed in such transfer, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMvIMISSIONERS OF DADE COUNTY, FLORIDA, that this Board accepts the transfer of all duties. functions and property of the Miami Housing Authority and agrees to the following requests of the City of Miami; 11 • 440P-O'1 E i O}{ 79 PACr 638 NO.555 P.3,8 Not on Agenda Item No. 3 (y) ?age No. 2 Section 1. That prior to Sanuary I, 1968, the County Ma.riager, through the Ir..xecutive Director of the Metropolitan. Dade County Department of Housing and Urban Development, is directed to submit to the City of Miami Commission through the City Manager the exact procedure to be followed in the transfer. Section 2, That all employees presently serving with the Miami Housing Authority will retain their civil service benefits and pension rights in accordance with County a.nd State law. Section 3. That Metropolitan Dade County will abide by the City of Miami zoning ordinances whenever there is to be construction within the City of Miami as required by law. Section, 4. That the Boa.rd of County Cornrnissioners c4 assure the 'continued payments in lieu of taxes to the City of Miami on all property of the Housing Authority of the City of Miami, and on future public housing sites, as required by Stat and Fecleral law. Section 5. That it is the intention of the Board of County Commissioners to continue to fund the Se;_ior Centers, Inc„ Section 6. That the County Manager is hereby directed to provide the City Commission with periodic reports on the progress of all programs administered by the Department of Housing and Urban Development and to provide to the City Commission an annual report of activities at the end of the first year'e program. MAY. 5,2003 11:45AM JOF/rric MA' 79 PACE637 41110 NO.555 F.4/8 Not on .Agenda Stem No. 3 (y) Page No. 3 The foregoing Resolution was offered by Commissioner Thomas D. O'Malley , who moved its adoption. The motion was seconded by Commissioner Harold A. Greene and upon being put to a vote, the vote was as follows; Joseph A. Boyd, Jr. Aye Alexl..nder S. Gordon Aye Harold A. Greene Aye R. Hardy Matheson Absent Thomas ,D_ O'Malley Aye Arthur H. Patten, Jr. Absent Earl. M. Starnes Aye Lewis B. Whitworth Aye Chuck Hall Absent The Mayor thereupon declared the Resolution duly passed and adopted this zOth day of November, 1967. DADE COUNTY, FLORIDA. BY ITS BOARD OF COUNTY COMMISSIONERS E. B. LEATHERMAN,-CLtERK By: c�c-� Deputy CIeX'k_ MAY, 5.2003 11:45Rri • NO-555 P.5/E STATE OF 'FLORIDA ) ) SS: COUNTY O DADE ) I, RICHARD P, BRINKER, Clerk of the Circuit Court in and for Dade County, Florida, and Ex.Officio Clerk of the Board of County Commissioners of said County, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of Resolution No -128-6'� , adopted by the said Board of County Commis- sioners at its meeting held on November 20 i967 IN WITNESS WHEREOF, I have hereunto set my hand and official seal on this 30th day of SeTitember SEAL , A. D. i9 71+ RICHARD P. BRINKER, Ex-Officio Clerk Board of County Commissioners Dade County, Florida 8y A 21' - `ifs Deputy Clerk Board of County Commissioners Dade County, Florida 102,01-9 RRY. ! 1%72 .MAY. 5. 2O03 11 : 45AM • BOOT{ PAGEti.. J NO.555 P.f /8 RESOLUTION NO. 39166 A RESOLUTION TRANSFERRING THE DUTIES, FUNCTIONS AND PROPERTY OF THE MIAMI HOUSING AUTHORITY TO METROPOLITAN DADE COUNTY AS OF JANUARY 1, 1968; AGREEING TO NOMINATE, FOUR PERSONS TO BE CONSID- ERED BY THE nOARD OF COUNTY COMMISSIONERS FOR APPOINTMENT TO TWO POSITIONS ON THE ADVISORY BOARD OF THE DADE COUNTY DEPART- MENT OF ROUSING AND URBAN DEVELOPMENT; REPEALING RESOLUTION NO. 39111 OF THE CITY COMMISSION; AND REQUESTING THE, COUNTY COMMISSION TO CONSIDER IMMEDIATE CONSTRUCTION OF LOW -COSH HOUSING FACIL- ITIES WITHIN THE CITY OF MIAMI WHEREAS, the Miami City Commission has adopted Resolution No. 39l1I stating the intention of -the City Commission to turn over the functions of the Sousing Authority of the City of Miami. to Metropolitan Dade County; and WHEREAS, in response to this resolution the Board of County Commissioners has approved a report From the County Manager agreeing that the following points in Resolution No. 39111 are both acceptable and reasonable: (a) That the County Manager, through the Executive Director af.the Metropolitan Dade County Department of Housing and.Urban Development, will submit to the City of Miami Commission, through the City Manager,'the exactNprocedure to be followed in the transfer; (b) That the Board of County Commissioners will adopt a resolution declaring that all those employees presently serving with the Miami Housing Authority shall be considered to be civil service employees and shall be entitled to all the rights and privileges as are civil service employees of the City of Miami under the joint resolution of the City and County pertaining to transfer of any function from. the City to the County; .(C) That Dade County shall abide by the City of Miami zoning ordinances whenever construction is within the City of Miami; -1- MAY. 5.2003 11:46AM sang 79 PACE640 NO.555 P.7/8 (d) That Dade Couty must and shall continue payment.:) to the City of Miami as payments in licu of taxes on all public housing facilities located within the City of Miami, or which may in the future be located within the City of Miami. (e) That Dade County will continue to fund Senior Centers, Inc. for the continGred performance of 'lts services; (f) That the County Manager shall provide the City Commission with pe'riodio reports with information as to the progress of all programs administered, by the Dade County De- partment of Housing and Urban Development and that a full re- port on such programs s at the end of the first WHEREAS, the Lioard itself to the appointme nail be proJided to the City Commission years full operation; and of County Commissioners has committed nt of two Miami citizen residents to the HUD Advisory Board and has requested that the Miami City Commission submit at least four nominations to be considered for appointment by the two positions; NOW, THEREFORE, BE CITY OP MIAMI , FLORIDA; Section 1. That i Board of County Comm s s City of Miami agrees to property of the Miami.. H County as of January 1, City of Miami will nomi card of County Commissioners to these IT RESOLVED BY THE COMMISSION OF THE n the light of action:taken by the loners, that the Commission of the transfer the duties, functions and ousing Authority to Metropolitan Dade 196e, and that the Commission of the nate at their next City Commission meeting four persons who meet the qualifications established for members of the HUD Advisory Board and whom it believes will carry out the stated responsibilitites of this Hoard in the best interests not crnly of the C:+.ty of Miami but. of the entire County; and Section 2. That the Board of County Commissioners shall agree to the terms and hereof, and as further conditions as set forth in Section 1 set forth in the preamble of this -2- rya 11 4bfM onyx 79 PAGEC 4 1 NO.555 p.a,e resolution, as though scat forth in full. jin Section 1 hereof. Section 3. That Resolution No. 39111 is hereby rescinded and declared to be null and void by the terms of this resolu- tion. Sectican 4. That the Board of County Commissioners ehall consider the immediate construction of low-cost housing; fac .l- itie s within the corporate limits of the City of Miami where housing 3.s so sorely needed. PASSED AND ADOPTED this 13th day of November, 1967. STATE OF FLORIDA ) COUNTY OF DADE CITY OF MIA MI 1, F. L. CORRELL, Clerk of the City of Miami, Florida, do hereby certify that the above and foregoing pages numbered 1, 2 and 3, contain a true and correct copy of a resolution paSs'ed and adopted by the City Commissions of Miami., Florida, at a meeting held on• the 13th day of November, 1967, and desi nated.Resolution No. 39166. WITNESS my hand and the official seal of the City of Miami, Florida, this 15th day of November, 1967. F . L. COk RELL CITY CLERK -3- M .l.{ AMMO, The Housing li tbariky aI UOVittlt tzi; iaet3, florid* (herein oailed the "Lccei $u* Zvx t�E� a p'ub G eO?porateand po..itia, duly created and organized pnrausmt to. and in accordance with the provisions of the lags- or the State of. ..F1ox da • .:04 the Puhlia : housing AddA tt,. ietration (herein Celled the e0.4 r) vb cb ia44441.0tering$ in noOrdp.000 with Reorganization Plan No. 3 of 1747, fortevtAve.g147 a7., 1947, the i ctiena of the United States Routing Authority, created in pOrsuamoe of the provisions of the United States Rousing Act of 1937, Publio No, 412, Seveuty4itih Congress, entered as amended into a certain contract dated as of April 10 - 1961,,,/ (herein called the "Annual Contributions Contract") providing for a loan and for annual contributions to be made by the PHA to assist the Local Authority in developing, end in achieving and maintaining the low -rent character of, law -rent housing project xs ; and WHEREAS, as of the date of the execution of this Declaration of Trust the Anlu'1 Contributions Contract prey -idea for the development and operation by the Local Authority of certain low -rent housing in the City of , County of Cade , State or Florida which will provide approximately 179 dwellings; and which lore -rent housing will be known as Oroject Ilo. yLa- -16 ximdclacoNotMogoomccr:JuomaCtiMamsoompuoR22233 and WHEREAS, the local Authority (1) proposes to lassie and deliver ite Bonds and Permanent dotes to aid in financing the Projects from time to time provided for under the terms of the Annual Contributions Contract to which Contract reference is hereby made for definitions of the Bonds, Permanent Notes, and Projects, and (2) may from time to time issue and deliver its obligations (herein called "Re- funding Bonds") to refund said Bonds and Permanent Notes; and WHEREAS, each Project Trill have been construct- ed or acquired with the proceeds of the Bonds and/or advances by the PHA on account of the lawn provided for in the Annual Contributions Contract and the Bonds and Permanent Notes will be secured (1) severally, by pledgee of specific amounts of the annual contributions payable to the Local Authority by the PHA pursuant to said Contract; end (2) by a pledge of certain revenues of the Projects financed by an issue or issues of Bonds to the extent aid in the scanner described in the Annual Contributions Contract and the resolutions of the Local Authority authoris- ing such Bonds and Permanent Notes. NOW, THEREFORE, to assure the PHA and the holder or holders of the Bendel Refunding Bonds, or Permanent Notes, and each of tttsa, of the performance try the Loral Authority of the covenants contained in the Annual Contributions Contract and the resolutions of the local Authority authorizing the issuance of the Bonds, Refunding Bonds, or Permanent Notes, the Local Authority does hereby acknowledge and declare that it is possessed of and bolds in trust for the benefit of the PHA and said holders of the Bonds, Refunding Bonds, or ?eminent !totes, for the pur- poses hereinafter stated, the 's=► �,..a: �.r-:'E..�. .:>...,..;.,er.�.rr::.• .r.:. Project located on the fulewing described real property situated in the City of N nel , fnuoty stets of Finri.ip of Dada TO WiTn Project No. ?1a-518 rt. 4t0APsvAPPO*00,WA#V10*OfiA704404.-W44449PX F4go."p0 g-14*TA144011-c9;14.W144,0WAR#010M pAIA.i.e1,444f.4ggo. r0,fn1101•Ta • Commence at the Nort0aSt corny Or:Sect:ion-9 Township.% South, - F.ange Ll East, Dade. County, Florida; Thence run the West along the North line of said Section 9 for a distance of 916.77 feet ta a point; Thence run South 0 degrees 18 admutes 34 seconds West alonn the East line of Lot 5"of Nikonls Subdivision according to plat thereof recorded in plat boo-ISat Page 130 of the Public Records of Dade County, Florida and/or its prolongation North.for a niatance of 21'3,00 feet to the point of beginning of the parcel of land herein described; Thence continue South 0 degrees 18 minutes 34 seconds West alon t East line of said Lot 5 for a distance of 666.75 feet to the Southeast corner of said Lot 5; Thence run due West along the South li4c of Lots 5 and 6 of said lielcaonts Subdivision for a cistance of 40.27 feet to the Southwest corner of said Lot 6; Thence 'orth 0 degrees 22 minutes 31 seconds East aloag the West line of said IA 6 for a distance or 666.75 feet to a point; Thence run due at for a distance of JI2.50 feet to the point of beginning containing 295,29.3...% square feet or 6.779 acres. ThE land described above is not to be subject tc this trust nut the said bLildings, fixtures and appurtenances located trervon to be so sLnject. ,Ate esrAhaetrOeha�rebyo oxaa is Refunding Honda, cr Pe ar eurt Np era a visions of the Anne CPn. itrgti *aract„ of an A,artao at * the eboneedndari% `Pxaj ct . et der P. a4 a of d ir, saint he ,*(grootaii oad era p0000sood ?Aar y, 'to.y$.4; ne delft to r?gUtz' .tom 4pa1401ori ' aeiaad of 9' ttt .Q .to $ ,4 Pro Port"y arx t ..rtr,1 ► fro0 iant*.1.ng, o liVIN, aaeignifOg: r a i nortgag na ple a, or- othox ,ae,om.44ba trr•3. niter ar .!$0.0ri4 trout '; conveyance, 4031.1100s, leasing„: care Ply or..gther aumbraaa Of said property or any part thereof, ap arrtatrranCee **SO, or .arty tent, revenues, ineeMe, or receipts therefran or in eoonettrion therewith, or any of the i onetita or contributions granted to it by or oureuent to the Annual. Contributions Contract, or -any intereet i,n exay of the ease ex eat that the Local Authority (1) maay, to the - extent and in the manner provided in See. 313 of the Annual Contributions Contract, (a} lease dwellings and other spaces and facilities in any Project, or (b) convey or otherwise diepoae of any real or personal property which is determined to be .excess to the made of any Project, or (c) copveryr or dedicate land for use as etreota, alleys, or other public rights -of -way, and grant easements for the establishment, operation, and maintenance of pub],3,e utilities; or (2) with the, approval of the PHA, release any Project which hays not then been financed by en issue or issues of Bonds from the trust hereby created; Provided, that nothing herein contained aball be construed as prohibiting the coaysyance of title to or the delivery or possession of any Project to the PHA in pursuance of Sec. 501 or Sec 502 of the Anneal. Contributions Contract. The endorsement by a duly authorized officer of the PHA (1) epee 'any convey - ante made by the Local Authority of any real ar personal property which is deter- mined to be excess to the needs of any Project; or (2) upon arty instrument of conveyance or dedication of property, or any interest therein, for use Ile streets, alleys, or other public rights -of -wry, or for the establishment, operation, and maintenanee of public ntilitiee; or (3) upon any instrument of release made by the Local Authority of any Project which has not then been financed by an issue or issues of Bonds shall, be effective 'to release such property fray the trust hereby created. When all indebtedness of the Local Authority to the PHA, arising under the Annual Contributions Contract,, has been fully paid and when all the Bonds, Refund- ing Bonds, and Permanent Notes, together with interest thereon, have been fully paid, or monies eufficient for the payment thereof have been deposited in trust for such payment in accordance with the reepectiv+e resolution of the Local Authority, authorizing the issuance of such Bonds, Refunding Bonds, and Permanent Notes, the trust hereby created shall terminate and shall no longer be effective. Nothing herein contained shall be construed to bestow upon the holder or holders of any of the Bonds or Refunding Bonds, or of the coupons appertaining thereto, or say holder of the Permanent Notes (other: than the PHA) any right or right of action ar proceeding by which the Local Authority might be deprived of title to or possession of any Project. The terms, nende,v "Refunding Bonda,u and eP emanent Notes," as used herein shall include Temporary Notes, Advance Notes, Preliminary Notes and Promissory Notes, or other evidence of indebtedness issued pursuant to the Authority's Annual Contributions Contract. IN WITNFSS BROF, the Ioeal Authority by its offioere t dreunto duly authorized lies caused -these presents to be signed in its name and its corporate seal to be hereunto affixed and attested thie day of . ► 19 Isla TL23 HOUSM AUTHORIT Y OF THE G 1 Y OF 7.rrAa-ry , rnrr7rrp A�Tr f 2 • _ tierelpy - . S14;r ,1anuary 11irtnFhk . • . Kaley _to.m, w11 kli.Orp described in awho ii*pcutgid th tr�or. intr et kt2i iick40107141ed that they, as Cheirmeeend Secretary The HouslUvAuthot:19, of the Pity of_Ripsi4 Florida , executed thaease for the purpose therein expressed ae the free aot and deed of The '..Monsini Authority 9f the City of Miamil Florida -, and that the said instrument ie the act and deed of The Housing, Authority of the City of Miami, Florida a IF 'TITME3S 'AMEN', I have hereunto affixed my Wind:and official 'seal at Miami, Florida this21st day of , Jantlarv. f Wotary Public (3EAL) Iy Comusiss ion Empires: • , Notary Public, Ststa of MIAs attar My Cutamissim Expires Feb. 28, 1565 STATE OF FLORIDA, COUNTY OF DADE I HEREBY CERTIFY that the toregains)s a true ,riid correct army at tbs original on tile in this attice. fiD 20 HARVEY RLIViN, CLERK, of Ci/rouiyAnd County Courls Woof flank Cooly n* Thb us SW* rood ths.—:L day of-C=44'-' recordini n OffCA Rpliatt Bent-e4iAlan Psien4-AA E. S. LEAMUSASS CS/St