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HomeMy WebLinkAboutBack-Up DocumentsOFFICIAL FILE COPY 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 4,4 - ;1 VI -.+•4(' *ft 4 a. And: d R-ine la as' • pro', t zsc" -• /. 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