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HomeMy WebLinkAboutR-77-0228MEA:bk 1/14/77 RESOLUTION NO. )7428 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF MIAMI AND DADE COUNTY PROVIDING THAT THE COUNTY ATTORNEY'S OFFICE, THE DADE COUNTY DEPARTMENT OF PUBLIC WORKS AND THE DADE COUNTY HOUSING AND URBAN DEVELOPMENT WILL PROVIDE ALL ACQUISITION, DEMO- LITION AND RELOCATION SERVICES NECESSARY FOR ACQUISITION OF PROPERTIES REQUIRED BY THE CITY FOR PARKS ALONG MARTIN LUTHER RING, JR. BOULEVARD, WHEREAS, Dade County has the resources to perform the services as outlined in the Agreement attached hereto; and WHEttEAS, the County is willing to provide the necessary services to the City in exchange for the City's granting to the County the necessary rights -of -way for road improvements; and WHEREAS, the City wishes to take advantage of the County's offer to provide said services; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1, The City Manager and the City Clerk be and they are hereby authorized and directed to enter into an agreement between the City of Miami and Dade County providing that the County Attorney's Office, the Dade County Department of Public Works and the Dade County Housing and Urban Development will provide all acquisition, demolition and relocation services necessary for acquisition of properties required by the City for parks along Martin Luther King, Jr. Boulevard. PASSED AND ADOPTED this 16TH day of MAprH 67. P_.1111 r6tegGIF PREPARED AND APPROVED BY: "SUP7°-)71T/I c;r I IV ITEM NO. DOC1 NI FNITS4. •-*, 1(,)L-LUVV" RFFRF Micbel E. Anderson Aspistant City Attorney APPRO AS TO FORM AND CORRECTNESS; 060.rge -KO Tjt; ..eity. Attorno. 1977. CITY COMMISSION MEETING OF MAR I 5 1977 ftwonoti 41EMAR45;..., SO { i,.. ;��' i•.�,.,. 1°'� .ii ,�. ..=�� .. it •) Joseph t . Orassie City Manager ichaf d L. rostmje 1 Director) Planning bepa.rtr e t `ebruaey 1977 5 7.0 Property Actjuisitio5 for br► Martin Luther King 1ouletra.rd Linear Parks to order to take advantage of Dade County Depar trnent of Public Works involve., me.nt in an extensive property acquisition progratn for the right-of-way a ►pahsioti along Dr. Martin Luther Ring ?o.i1evard, former City Manager P. W. Andrews a rra.nged an agreement with the County Manager in March of 1976; whereby, the County would provide acquisition services for the property needed by the City for the ret ria.ining Martin Luther King Boulerard Linear Parks (Tacolcy Park and l2th Avenue Park). Based upon a letter of uncierstariding from the City Manager, the County proceeded with the acquisition, borrowing frorn the Decade of Progress funds. Several Months etapsed before +he forms' agreement was prepared for approvat by the City and County Commissions; however, on September 21, 1976 the Board of County Commissioners did apprce-e the terms of the original agree- ment. When the current administration finally- re✓iewud the agreerri..n`. in October -Noe -- ember, it was determined that se-,eral major changes should be rna.de. The rriejor changes included: a) designating Dade County HUD as the agency responsible for acquisition rather than Public Works; b) rnakin'g the City Attorney responsible for condemnation rather than the County Attorney; c) requiring written concurrence of the City Manager for all. offered prices; and d) requiring all payments to be made by the City rather than atlo.ving the Cog et.v to rna'ca payments and then present the City with a lump sutra bill at the close of the pro ect. A new agreement was draft- ed and presented to the City Commission on November 1.8, 1976, where it was approved by R esoiution No. 76-1057. However, at that time the new administration was unaware that Dade County Public Works had already nearly completed the acquisition process, thereby making the City's revised agreement inappropriate and impossible to execute. Therefore, it is now recommended that the City Commission adopt the attached re- solution which supercedes Resolution 76-1057 and ratifies the original agreement with Dade County. Pleas;: have this item placed on the City Commission agenda for February 10, 1977. RLF;SAM:rc Attachments "SUPPORTIVE DOCUMENTS FOLLOW" 13P.E _ MENt c,AR'1 tt`i t,tJ THE' KIN(.; BOULEVARD THIS AGREEMENT made: and e Lert••i into this day o:' i977, between bADE COUNTY` a political suhdivisi.on of the State of Florida, hereinafter called the COUi3TYs and THE CITY OF, M AiMt, FLORIDA, a muniri.pal corporation under the iaws of the State of Floricia, ha_ra�inafter called the CITY; WITtdESSETH: The COUNTY and the CITY hereby agree as follows i. the County Attorney s Office and the Departments of public Works and Housing and Urban Development will provide all acquisition, demolition and relocation services necessary for the acquisition of properties required by the CITY for designated parks; 2. The said properties Will be acquired for the CITY using County funds. With the exception of staff time and demolition costs, after all parcels are acquired, the COUNTY will be reimbursed by the CITY for all costs pertaining to the property acquisition and relocation: 3. In return for the expenditure by the COUNTY in staff time and demolition costs, the CITY will grant to the COUNTY the right of way required from City -owned lands for the roadway improvements and adjacent buffer strips on the Martin Luther King, Jr. Boulevard Project; 4. The right of way and buffer strip areas will be maintained by the COUNTY. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by heir respective duly authorized officers the day and year first above written. (D FICIAL SEAL) D\DE COUNTY, FLORIDA BY ITS BOARD OF ATTEST: COUNTY ca:4MISSIONERS RICHARD P. BRINKER, CLERK By: By Deputy Clerk Marritt Stierheim County Manager (OFFICIAL SEAL) ATTEST: B y : City Clerk ApOroved es to for-.-, 1n1 City Attorr.•=:y THE CITY OF MIAMI, FLORIDA By: City Manager 77 927.