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CLERIC OF THE HOARD
OF COUNTY COMYiflSSIONERS
MIAMII•DADE COUNTY, FLORIDA
MEMORANDUM
Agenda Item No. 11(A) (6)
TO: Honorable Chairman Jean Monestime DATE: October 5, 2016
and Members, Board of County Commissioners
FROM: Abigail Price -Williams
County Attorney
SUBJECT: Resolution declaring surplus
County -Owned land located at
the corner of NE 2nd Avenue
and NE 62nd Street, authorizing
the conveyance of same to the
City of Miami under Florida
Statute section 125.38 for no
monetary consideration for use
in connection with construction
of a public art exhibit, subject to
approval of the conveyance by
the City of Miami Commission;
waiving Administrative Order
8-4 as it relates to review by the
Planning Advisory Board;
authorizing the Chairperson or
Vice -Chairperson of the Board
to execute a County Deed with
restrictions for such purpose; and
authorizing the County Mayor to
take all actions necessary to
accomplish the conveyance of
said property and to exercise all
rights set forth in the County
Deed
Resolution No. R-899-16
The accompanying resolution was prepared and placed on the agenda at the request of Prime
Sponsor Commissioner Audrey M. Edmonson.
A "11 y�,, is ''illiams
County i� torney
APW/lmp
MEMORANDITM
(.Revised)
TO: Honorable Chairman Jean Monestime
and Members, Board of County Commissioners
FROM: iga rice-W1
Coin attorney
P U:::
October er. 5, 2016
SUBJECT: Agenda Item No. 11(A) (6)
Please note any items checked.
"3-Day Rule" for committees applicable if raised
6 weeks required between first reading and public hearing
4 weeks notification to municipal officials required prior to public
hearing
Decreases revenues or increases expenditures without balancing budget
Budget required
Statement of fiscal impact required
Statement of social equity required
Ordinance creating a new board requires detailed County Mayor';
report for public hearing
No committee review
Applicable legislation requires more than a majority vote (i.e., 213's ,
3/5's , unanimous ) to approve
Current information regarding funding source, index code and available
balance, and available capacity (if debt is conteinpl4ted) required
Approved Mayor Agenda Item No. 1.1(A)6)
Veto 10-5-16
Override
RESOLUTION NO. R- 8 9 9 -16
RESOLUTION DECLARING SURPLUS COUNTY -OWNED
LAND LOCATED AT THE CORNER OF NE 2ND AVENUE
AND NE 62ND STREET, AUTHORIZING THE
CONVEYANCE OF SAME TO THE CITY OF MIAMI UNDER
FLORIDA STATUTE SECTION 125.38 FOR NO MONETARY
CONSIDERATION FOR USE IN CONNECTION WITH
CONSTRUCTION OF A PUBLIC ART EXHIBIT, SUBJECT TO
APPROVAL OF THE CONVEYANCE 13Y THE CITY OF
MIAMI COMMISSION; WAIVING ADMINISTRATIVE
ORDER 8-4 AS IT RELATES TO REVIEW BY THE
PLANNING ADVISORY HOARD; AUTIIOR.IZING THE
CHAIRPERSON OR VICE -CHAIRPERSON OF TIIE BOARD
TO EXECUTE A COUNTY DEED WITH RESTRICTIONS FOR
SUCH PURPOSE; AND AUTHORIZING THE COUNTY
MAYOR OR COUNTY MAYOR'S DESIGNEE TO TAKE ALL
ACTIONS NECESSARY TO ACCOMPLISH THE
CONVEYANCE OF SAID PROPERTY AND TO EXERCISE
ALL RIGHTS SET FORTH IN THE COUNTY DEEI:?
WHEREAS, the County owns a non -developable triangular shaped vacant property
located at the Southeast Corner of NE 2" d Avenue and NE 62" d Street, as further described in
Exhibit "A" (the "Property"); and
WHEREAS, the City of Miami has requested the conveyance of the Property, which is
currently greenspace, for the purpose of erecting public art exhibits; and
WHEREAS, Miatni-Dade internal Services Department has announced the availability
of the Property to all County departments to determine if they are interested in the Property, and
no County department has expressed an interest in the Property; and
WHEREAS, this Board finds that, pursuant to section 125.38 of the Florida Statutes, the
Property is required for such use, that the County does not otherwise require the Property for a
County purpose, and that the intended use would promote community interest and welfare; and
Agenda Item No. 11(A) (6)
Page No. 2
WHEREAS, the Property would be conveyed for no monetary value to the City by a
County Deed, in substantially the form attached as Exhibit "B," which will require the City to
utilize the Property for a public art exhibits and for no other purpose, subject to a reverter in
order to ensure compliance with the intent of this Board,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The foregoing recitals are incorporated in this resolution and arc approved.
Section 2. This Board declares the Property as surplus and waives the requirements
of Administrative Order 8-4 as it relates to review by the PIanning Advisory Board.
Section 3. This Board approves the conveyance of the Property to the City of Miami
for no monetary consideration pursuant to section 125.38 of the Florida Statutes, and authorizes
the Chairperson or Vice -Chairperson of the Board to execute the County Deed in substantially
the form attached as Exhibit "B." Such approval is contingent upon approval of the conveyance
by the City of Miami Comtnission, and execution of an acceptance of County Deed, which are
conditions precedent to the conveyance.
Section 4. The County Mayor or County Mayor's designee is authorized to take all
actions necessary to accomplish this conveyance, and is directed to appoint staff to monitor
compliance with the terms of this conveyance.
Section 5. This Board directs the County Mayor or the County Mayor's designee,
pursuant to Resolution No. R-974-09, to record the County Deed in the public records of Miami -
Dade County, and to provide a recorded copy of this document to the Clerk of the Board within
30 days of their execution, and further directs the Clerk of the Board to attach and permanently
store a recorded copy of the County Deed together with this resolution.
Bruno A. Barreiro
Jose 'Pepe" Diaz
Sally A. Heyman
Dennis C. Moss
Sen. Javier D. Souto
Juan C. Zapata
Agenda Item No. 11(A) (6)
Page No. 3
The Prime Sponsor of the foregoing resolution is Commissioner Audrey M. Edmonson.
It was offered by Commissioner Xavier L. Suarez
was seconded by Commissioner Jose "Pepe" Diaz
was as follows:
, who moved its adoption. The motion
and iipon being put to a vote, the vote
Jean Monestime, Chairman aye
Esteban L. Bovo, Jr., Vice Chairman aye
Daniella Levine Cava
aye
aye
aye
aye
aye
aye
Audrey M. Edmonson
Barbara J. Jordan
Rebeca Sosa
Xavier L. Suarez
aye
aye
aye
aye
aye
The Chairperson thereupon declared the resolution duly passed and adopted this 5th day
of October, 2016. This resolution shall become effective upon the earlier of (1) 10 days after the
date of its adoption unless vetoed by the County Mayor, and if vetoed, shall become effective
only upon an override by this Board, or (2) approval by the County Mayor of this Resolution and
the filing of this approval with the Clerk of the Board.
MIAMI-DADE COUNTY, FLORI I)A
BY ITS BOARD OF
COUNTY COMMISSIONERS
HARVEY RI1VIN, CLERK
B y.
Christopher Agrippa
Deputy Clerk
Approved by County Attorney as
to form and legal sufficiency.
Debra Heiman
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LEGEND
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