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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #8885 Date: 04/09/2021 Commission Meeting Date: 04/22/2021 Requesting Department: City Manager's Office Sponsored By: District Impacted: District 3 Type: Resolution Subject: Acquire Property - Establish Public Parks Purpose of the Item: A resolution of the Miami City Commission, with attachment(s), authorizing the City Manager to acquire real property located at 1641 NW 5 Street (folio 01-4102-005-5911), 1649 NW 5 street (folio 01-4102-005-5920), 1651 NW 5 Street (folio 01-4102-005- 5910), 1653 NW 5 Street (folio 01-4102-005-5900), 1644 NW 6 Street (folio 01-4102- 005-5850), 1628 NW 6 street (folio 01-4102-005-5840), 27 SW South River Drive (folio 01-0201-010-1020) and 5 SW South River Drive (folio 01-0201-010-1070), in Miami, Florida and further described in Exhibit "A" (collectively, the "Property"), by negotiated acquisition or by virtue of an eminent domain action for the express public purpose of establishing public parks to cover underserved areas within the City of Miami ("City"); further authorizing the City Manager to execute all necessary documents, including amendments and modifications to said documents, in a form acceptable to the City Attorney, as may be necessary to acquire the Property by negotiation or to commence acquisition by condemnation proceedings in accordance with Florida law; further authorizing the City Attorney to initiate and pursue, to settlement, final judgment and final appeal, eminent domain proceedings to acquire title to the Property, and to take any other necessary action, including hiring outside counsel, as determined by the City Attorney, and any other experts for the City, as may be necessary to initiate and pursue eminent domain proceedings and related proceedings, including a declaration of taking as necessary for and on behalf of the City; further authorizing the City Attorney to accomplish the acquisition of said Property by settlement and compromise if the same can be accomplished in accordance with the terms, conditions, and limitations established by the City Commission. Background Information: The City of Miami ("City") wishes to acquire in fee simple the properties located at 1641 NW 5 Street (Folio 01-4102-005-5911), 1649 NW 5 Street (Folio 01-4102-005-5920), 1651 NW 5 Street (Folio 01-4102-005-5910), 1653 NW 5 Street (Folio 01-4102-005- 5900), 1644 NW 6 Street (Folio 01-4102-005-5850), 1628 NW 6 Street (Folio 01-4102- 005-5840), 27 SW South River Drive (Folio 01-0201-010-1020) and 5 SW South River Drive (Folio 01-0201-010-1070), in Miami, Florida, and further described in Exhibit "A" (collectively, the "Property"). Under Home Rule Powers, and the Constitution and Laws of the State of Florida, including Chapter 166, Florida Statutes, the City is authorized to appropriate land and property within the City for a public purpose, including for the establishment of public parks, subject to the limitations set forth in 73.013 and 73.014, Florida Statutes. the City intends to construct public parks at the Property within the City. The City has determined that fee simple acquisition of the Property is necessary to accomplish the public purpose of establishing public parks in underserved areas within the City that will serve the recreational and cultural needs of the area and enhance the quality of life of the City's residents. The City is in full compliance with section 73.014, as the Property to be acquired is not being acquired for the purpose of abating or eliminating a public nuisance or for the purpose of preventing or eliminating slum or blight conditions. The City intends to combine the contiguous parcels within the Property to create two parks in underserved areas. The City finds that acquisition of the whole of the Property is necessary to create sufficient park space to accomplish the public purpose of providing recreational park space for use by the general public, for improving the public welfare, and for other municipal purposes, as further described Exhibit "B". Funding for the acquisition is to be allocated from a source to be determined. In accordance with Section 2-33(f) of the City Code, the City Commission, by a majority vote, hereby deems this Resolution to be of an emergency nature. Budget Impact Analysis Item is NOT funded by Bonds Item is NOT Related to Revenue Item is an Expenditure Total Fiscal Impact: N/A City Manager's Office Office of Management and Budget Office of Management and Budget Legislative Division Office of the City Attorney Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Reviewed B Arthur Noriega V Aniska Elliott Leon P Michel Valentin J Alvarez Jacqueline Lorenzo Barnaby L. Min Victoria Mendez Nicole Ewan Mayor's Office City Clerk's Office City Clerk's Office City Manager Review Budget Analyst Review Budget Analyst Review Legislative Division Review ACA Review Deputy City Attorney Review Approved Form and Correctness Meeting Completed Completed Completed Completed Completed Completed Completed Completed Unsigned by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 04/12/2021 11:08 AM 04/12/2021 12:19 PM 04/12/2021 12:44 PM 04/12/2021 12:52 PM 04/13/2021 11:26 AM 04/13/2021 2:04 PM 04/13/2021 3:12 PM 04/22/2021 9:00 AM 05/03/2021 5:23 PM 05/03/2021 5:46 PM 05/03/2021 5:46 PM City of Miami Legislation Resolution Enactment Number: R-21-0177 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 8885 Final Action Date:4/22/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO ACQUIRE REAL PROPERTIES LOCATED AT 1641 NORTHWEST 5 STREET (FOLIO NO. 01-4102-005-5911), 1649 NORTHWEST 5 STREET (FOLIO NO. 01-4102-005-5920), 1651 NORTHWEST 5 STREET (FOLIO NO. 01-4102-005-5910), 1653 NORTHWEST 5 STREET (FOLIO NO. 01-4102-005-5900), 1644 NORTHWEST 6 STREET (FOLIO NO. 01-4102-005-5850), 1628 NORTHWEST 6 STREET (FOLIO NO. 01-4102-005-5840), 27 SOUTHWEST SOUTH RIVER DRIVE (FOLIO NO. 01-0201-010-1020), AND 5 SOUTHWEST SOUTH RIVER DRIVE (FOLIO NO. 01-0201-010-1070), MIAMI, FLORIDA AND FURTHER DESCRIBED IN EXHIBIT "A" (COLLECTIVELY, "PROPERTY"), BY NEGOTIATED ACQUISITION OR BY VIRTUE OF AN EMINENT DOMAIN ACTION FOR THE EXPRESS PUBLIC PURPOSE OF ESTABLISHING PUBLIC PARKS WITHIN THE CITY OF MIAMI ("CITY"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO ACQUIRE THE PROPERTY BY NEGOTIATION OR TO COMMENCE ACQUISITION BY CONDEMNATION PROCEEDINGS IN ACCORDANCE WITH FLORIDA LAW; FURTHER AUTHORIZING THE CITY ATTORNEY TO INITIATE AND PURSUE TO SETTLEMENT, FINAL JUDGMENT, AND FINAL APPEAL, EMINENT DOMAIN PROCEEDINGS TO ACQUIRE TITLE TO THE PROPERTY, AND TO TAKE ANY AND ALL OTHER NECESSARY ACTIONS, INCLUDING HIRING OUTSIDE COUNSEL AND ANY OTHER EXPERTS FOR THE CITY, AS DETERMINED BY THE CITY ATTORNEY AND AS MAY BE NECESSARY TO INITIATE AND PURSUE EMINENT DOMAIN PROCEEDINGS AND RELATED PROCEEDINGS, INCLUDING A DECLARATION OF TAKING AS NECESSARY FOR AND ON BEHALF OF THE CITY, FOR THE PROPERTY; FURTHER AUTHORIZING THE CITY ATTORNEY TO ACCOMPLISH THE ACQUISITION OF SAID PROPERTY BY SETTLEMENT AND COMPROMISE IF THE SAME CAN BE ACCOMPLISHED IN ACCORDANCE WITH THE TERMS, CONDITIONS, AND LIMITATIONS ESTABLISHED HEREIN. WHEREAS, the City of Miami ("City") wishes to acquire, in fee simple, the properties located at 1641 Northwest 5 Street (Folio No. 01-4102-005-5911), 1649 Northwest 5 Street (Folio No. 01-4102-005-5920), 1651 Northwest 5 Street (Folio No. 01-4102-005-5910), 1653 Northwest 5 Street (Folio No. 01-4102-005-5900), 1644 Northwest 6 Street (Folio No. 01-4102- 005-5850), 1628 Northwest 6 Street (Folio No. 01-4102-005-5840), 27 Southwest South River Drive (Folio No. 01-0201-010-1020), and 5 Southwest South River Drive (Folio No. 01-0201- 010-1070), Miami, Florida and further described in Exhibit "A", attached and incorporated (collectively, "Property"); and WHEREAS, pursuant to the United States Constitution, the Constitution and Laws of the State of Florida, including Chapter 166, Florida Statutes, and the City's Home Rule Powers, the City is authorized to appropriate land and property within the City for a public purposes including for the establishment of public parks, subject to the limitations set forth in Sections 73.013 and 73.014, Florida Statutes; and WHEREAS, the City has determined that fee simple acquisition of the Property is necessary to accomplish the public purpose of creating and expanding public park space within the City and establishing public parks in underserved areas within the City, which will serve the recreational and cultural needs of the area and enhance the quality of life of the City's residents; and WHEREAS, the City is in full compliance with Section 73.014, Florida Statutes, as the Property to be acquired is not being acquired for the purpose of abating or eliminating a public nuisance or for the purpose of preventing or eliminating slum or blight; and WHEREAS, the City intends to combine the contiguous parcels within the Property to create two (2) public parks; and WHEREAS, the City finds that the acquisition of the whole of the Property is necessary to create sufficient park space to accomplish the public purpose of providing recreational park space for use by the general public, for improving the public welfare, and for other municipal purposes, as further described in Exhibit "B", attached and incorporated; and WHEREAS, funding for the acquisition of the Property is to be allocated from a source to be determined; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The City Commission finds that the acquisition of the Property as referenced herein is necessary, serves a municipal and public purpose, and is in the best interests of the City and the public. Section 3. The City Manager is authorized' to commence acquisition by negotiation or condemnation proceedings to acquire the Property in accordance with Florida law and to do any and all acts and things required of them by this Resolution, or desirable or consistent with the requirements of this Resolution, for the full, punctual, efficient, and complete implementation and performance of all the terms contained herein and as authorized by law. Section 4. The City Manager is further authorized' to negotiate and execute any and all necessary documents, including amendments and modifications to said documents, all in forms acceptable to the City Attorney, as may be necessary to effectuate the acquisition of the Property. Section 5. The City Attorney is authorized' to initiate the eminent domain process, negotiate pre -suit settlements, file pleadings, and pursue to settlement, final judgment, and final appeal eminent domain proceedings to acquire title to the Property described herein and to take any and all other necessary actions, including hiring outside counsel and any other experts for 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. the City, as determined by the City Attorney and as may be necessary to initiate and pursue eminent domain proceedings and any and all other actions associated with or arising out of such eminent domain or related proceedings, including a declaration of taking as necessary for and on behalf of the City. Section 6. The City Attorney is further authorized to accomplish the acquisition of said Property by settlement and compromise if the same can be accomplished in accordance with the terms, conditions, and limitations established by this Resolution. Section 7. The City Manager shall budget, allocate, and appropriate necessary funds for the reasonable costs of acquisition, including without limitation, the cost of appraisals, opinions of title, environmental assessments, experts, outside counsel, and all other costs allocable to the acquisition of the Property by negotiated conveyance or eminent domain with the allocation and appropriation to occur by separate Resolution at time of need from legally available funding sources in accordance with applicable operating and/or capital plan budgets, including amendments of such applicable budget(s) as necessary. Section 8. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor ey 4/13/2021 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission.