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HomeMy WebLinkAboutR-77-0565the rirnc)unt determined by a JOIN itSOLUTIO`r bAlit COUNTY IltISOLUTION NO, ; ITY OV MIAMI titSOLUTION NO, .712.461. dOINT IltSOLUTIC)N OP' TEI1 OAItID Olt COUNTY C DMMISSIONEEIS DADE COUNTY, l+ LOi 1t)A AND Tilt COMMISSION OF Tilt CITY OF MIA•MI. AMENDING JC)IN'f 1(HSOLU'1."ION ADOPTED 13Y. SAID BOARD AS COUNTY R ESOI.UTION NO, 6b73) ON MAY 23, 1961 AN I3 ICY SAID COMMISSION, 96�1 CITY RESOLUTION NO. 32'i74, ON MAY 17, TO PROVIDE FOR PAYMENT OF CERTAIN MONEYS H3Y DADE COUNTY TO THE CITY OF n"tIAMI AND TO DELETE THE REQUIREMENT FOR CONSENT OF SAID CITY TO ANY EXPANSION OF PORT VACUITIES, 13Y SAID COUNTY.' WHEREAS, the Hoard of County Commissioners of Dade County, here►n:a.fter ' called the County Commission, and the Commission of the City of by�otnt Resolution adopted Ni emt, hereinafter called the City Commission, • Resolution No.. 6573, and May 17, 1961► May 23, .1961> by the Board z:C, County �� ��i7�, � entered into an agreement by the' Commission as City Resolution No. for the construction of modern seaport facilities on Dodge Island by Dade County, hereinafter called the County,, with the cooperati9n and assistance of , . the City of Miarni, hereinafter called the City; and WHEREAS, in accordance with certain terms of said agreement the City conveyed Dodge Island, including submerged baybottom lands incident thereto, to the County, upon which the County has constructed and is presently a modern seaport for: the movement of passengers operating and maintainingP and car€;o•and `III:i;E 1S, �=apt , %-er lw t obla);ated the County, to payto the City' dg );;rra i sr<J to.1ae the fair market value of the D l land p operty ah(;to s'eiin1n r c-they• ,City for Lei gain e•ngineering •c�;pen$es t)ac.r Aofore paid by, the Cite arrd certain funds then held by the City derived for it Oi)Cr4tian of •the r ed to thee, Coua t,. then existing City seaport which were agr cs be trr.ns- «DoCUMrNT INDEX ► IT vi NO. :,a1d CITY COMMISSION MEETING OF JUL' 4 1977 =Loos No.R 7 7 �ts� ►Mf � »�� }fyf► 5 i1g R,R.,-.M 4 M1#,•!K!M!1 tJlitREAS .aid agtreement provided t'h x: the payment to the it for the bodge tsland property and the reimbursement to the City referted to hereinabove should be deferred until payment attd refit itient of all bonds or certificates issued by the County for the • funding of the seaport project; acid WREitAS, said agreement further provided, in itdet to assure tiie City•'that there would be no deferral or postpotietnent of the City's •right to repa}anent and reimbursement by the County upon payment and retirement of the bonds or certificates to be issued by the County,.as aforesaid, in the amount then estimated to complete the proposed Dodge pSeaport Seaport that .to substantial expansion of such Sea ort would be undertakeri.or accomplished.without prior written consent of the City; and WHEREAS, `it is the desire of the County and the City to provide for the earlier paymentand reimbursement by the County to the City than was contemplated by the agreement embodied in the Joint Resolution adopted by both parties in 1961, as aforesaid, and to delete from such agreement the requirement that written consent of the City must be obtained before any expansion of the Dodge Island Seaport may be undertaken or accomplished by the County; NOW THEREFORE, BE IT JOINTLY AND MUTUALLY RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA, AND BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Dade County, Florida hereby agrees to pay to City of Miami, Florida the sum of`_$1,343,245.10 together with interest upon the amount remaining from time to time unpaid at the rate of the six percent (6%) per annum, in the following manner: $500,000. plus tbenaccrued 0 T interest on or before one (1) year from the effective date is Resolution; $500,000 p1 u ; then accrued interest on or before two (2) Years from the effective date of this Resolution; the principal b?lance remaining plus accrued interest on or before three (3) years from the effective date of. this Resolution, Section 2. The last clause of Section 3(c) of the Joint Reso1 ton adopted by the County Commission as County Resolution Net6573 on e Commission 45 City Resolution city May 2.3, 1961, and adoptedb t .y h y ti 4tP 1. tind hti t;tibstahtitil e5patision Of the pott fatiiitiet ebtilettiplated by the ekitting plant shall be undertti1;en rieeorriplislied by the Coiltity ‘vitilitilit prior wfittert thh8tht of the City, • 'it hereby rescinded arid 'deleted trOtti Said kloint Section 8. railure the County to make any of tile paytnefitt to the City required in Section 1 tt this Joint tiesoltition shall constitute , • tne':part of. the County and in 'the • eyqt-tt such defiu1t no defaultcured by (BO), dayfollowing:',..SUCh'detaiilf.:the:::City-,<Shall:have the optori to require its written approVal,liefOreany..expanSiOri:.Ot the .Dodge• Island ,...„ ..,.„ Seaport or its facilities, other thin an expansion of facilities already funded or under construction at the trine of any such default, niay beUndertake by the, County. Such option shall be exei-cisecl by written notice thereof from the City, by its City 1\1z.mager, et 1)y certified mail to the County IVIanager of Dade County • , Upon the exercise of said option by the City, the aforesaid requirement of, written approval by the City as a condition precedent to the expansion of the Dodge island Seaport or its facilities shall remain in effect until such time as the County default has been cured by payment to the City of all amounts due the City under the terms set forth in Secti.on 1 of this Joint Resolution. At such time as the County shall cure said default by paynlerit to the. City, as aforesaid, such requirement for written approval by the Cit.y 'shall automatically terminate anci•ce,:tne. to be uffectivc:. The terwirtatimi Of any f;tich recjiii.rement shall not • Count) • under ibe terms i-6t.',-161,th itrSeatiOn 1 hc rcof of,.the.••rigi)t-10 ceaseAhe, o tioa, • •-•• , • •-„„- •.-., City fer.:any,-.DOdgelsland,-.Se.oport:,t„:",x0ar,i-:,=, " „.... . " :01)9i). 11'5' 11'0 OPtiffl'b> both iji0 , . FQ101 ?.Ni COCTNg'S,$; .JR,, CITY ORNET, §ttbtt tipbh 1bitit 15titt •'Neal P. AdattiS ArtrA Oesterle C)liver . teverly i3 Philips 3tirne8 F Iledford. liarvey 11 uvin narry Schreiber fluth Shack - Stephen P. Clark tit .1- •-.-r116!MaSiOr--of l)ade.,ObUntyilhereUpon'41eclared,..t.helletblaion duly :„.,. of psdndgcloptEd this day • • . • • • • , • I)ADE COI.IN'I'.' 7',':1011IDA BYATS BOAtit) Oil' , _ COUNTY COI\iiIVII.SSIC)NY_',I4S' , • , D ci3uty Clerk The foregoing Resolution was offered byCity Commissioner who moved its adoption. The • , .,-„,,,,;.,.;.,,,,,,........-...,...",.... .. i .„. , : , ., . , • ......,,-....:.,.i.:_:',.',..:.,,-..,.:'.:'••,',..,-.1.;-....il,. -...-:;, _'-..'•;-..,.-..::-•--,-H--,....,-- -• . . - -_-• •-.' - ,--•- ,-•' - • '''' ''....-.. ' .. 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City, of "Miami Florida do: herebycertify that the attached and foregoing pages'numbered 1 through 4; inclusive; contain a true and correct dopy of a resolution adopted by the Commission of said City at a meeting heldon the 14th day of July; 1977. WITNESS MY }1ND and the official seal of the CITY OF MtAM 1977, RALPH G.''ONGIE CITY CLERIC Deputy City Clerk: REVISED JOINTRE...SOLUTION COUNTY RESOLUTION NO. __.._ CITY OF MIAMI RESOLUTION N5 REVISED JOINT RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS AND THE COM- MISSION OF THE CITY OF MIAMI PROVIDING FOR CONSTRUCTION OF MODERN SEAPORT FACILITIES AT DODGE ISLAND SITE BY DADE COUNTY WITH THE COOPERATION AND ASSISTANCE OF THE CITY OF MIAMI WHEREAS, the Board of County Commissioners and the Commission of the City of Miami heretofore agreed in principle upon a mutually satisfactory plan designed to provide for financing the construction of adequate, modern seaport facilities on the Dodge Island port site by Dade County with the cooperation and assistance of the City of Miami; and WHEREAS, the Board of County Commissioners, by Resolution No. 4830, adopted April 5, 1960, and the Commission of the City of Miami, by Resolution No. 31837, adopted April 6, 1960, jointly agreed upon the basic terms and provisions of a feasible plan and program for the financing and construction of such new seaport facilities as a joint venture and cooperative governmental project; and WHEREAS, the initial work for construction of such seaport facilities has been commenced by Dade County in accordance with the provisions of said Joint Resolution; and WHEREAS, it has been found and determined necessary, In order to market revenue bonds to be issued by Dade County to provide additional funds for construction of such seaport facilities, to revise said Joint Resolution in certain particulars, CITY COMMISSION MEETING OF MAY 1 71961 7 . RESOLUTION NO 2 7��*• REMARKS: NOW, THEREFORE, BE IT JOINTLY AND MUTUALLY RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DARE COUNTY, FLORIDA, AND BY THE COMMISSION OP THE CITY OP MIAMI, FLORIDA: Section 1. The County Commission does hereby agree to assume and accept full responsibility for constructing and operating adequate, modern seaport facilities on the Dodge Island port site, upon the terms and conditions herein set forth. Section 2. The County Commission, subject to constitutional and statutory requirements, agrees to undertake to provide the approximate sum of Two Million ($2, 000, 000) Dollars annually by means of county ad valorem taxes in the county budget for the 1960 - 1961 fiscal year and sub- sequent years until such times as said seaport facilities shall have been fully completed; and the county also shall provide the funds necessary for the proper operation and maintenance of such seaport facilities. Section 3. ( a) The City Commission agrees to convey and transfer to Dade County by good and sufficient deed of conveyance the fee simple title to the entire Dodge Island site, including submerged or bay - bottom lands incident thereto, as more particularly shown upon the survey sketch hereto attached and made a part hereof by reference. Such conveyance shall be subject to the condition that unless the initial work for construction of seaport facilities shall have been commenced by the county within two years after the date of conveyance the title to said property shall revert to the city, at the option of the City Commission. (b) The City shall cause an appraisal of the Dodge Island site property to be made as of the date of adoption of the prior Resolution. Copies of such appraisal shall be furnished to the county. If such appraisal is acceptable to the county, it shall be utilized as the basis for determination of the fair rnarket value of such property. If such appraisal shall not be acceptable to the county, then the county shall promptly cause another appraisal of gueh property to be made and furnished to the city, If such county appraisal is materially different from the city appraisal, and if the city and county are unable to mutually agree upon the amount to be utilized as the fair market value of the Dodge Island site property, then and in such event the Appraiser selected by the city to make its appr aisal and the Appraiser selected by the county to make its appraisal shall select a third impartial Appraiser to make an independent appraisal of such property, and such appraisal shall be binding upon both the city and county, and shall be utilized for determining the appraised value or fair market value of said property for the purposes of this Resolution. The costs of all appraisals necessary to fix the value or worth of the Dodge Island site property shall be borne by the city and paid from funds presently allocated for port purposes. (c) The amount determined to constitute the fair market value of the Dodge Island site property shall be paid to the city from the net revenues derived from operation of the new port facilities at the Dodge Island site after such facilities have been completed and after all revenue bonds or certificates issued and outstanding at the time of completion have been fully paid and retired. It is understood and agreed that all revenues accruing from the operation of such port facilities shall be utilized for the purpose of securing payment of revenue bonds issued to provide funds for construction of new port facilities on the Dodge Island site, and for payment of the operating and maintenance costs of such port facilities, including the reserves for such purpose. The payment or return of any moneys to the city from such net revenues shall be made only after such revenue bonds have been fully paid and discharged from accruing net revenues, and all financial obligations to the city in respect to this transaction shall be subordinate and inferior to the lien of such revenue bonds against said net revenues. The city agrees to execute such subordination_agreements as may be reasonably required by the purchasers of said revenue bonds. It is mutually understood and agreed that the new seaport facilities shy be constructed on the bodge gland site to the fullest possible extent, substantial conformity with the existing plans and specifications in possession of the city, or reasonable modifications thereof, to the end that the right of the city to be repaid the sums of money herein provided for out of net revenues derived from operation of the new port facilities shall not be deferred or postponed beyond the time required to retire revenue bonds issued to provide the balance of construction costs, which it is estimated will aggregate $19, 837, 422; and no substantial expansion of the port facilities contemplated by the existing plans shall be under- taken or accomplished by the county without prior written consent of the city. Section 4. (a) The City Commission agrees to convey and transfer to Dade County title to the port property facilities and equipment presently operated by the city, including all railway facilities, and to assign to the county existing leases and other contractual arrangements covering said port property and facilities, which said property is more particularly shown by the survey sketch hereto attached and made a part hereof by reference. The conveyance of such city property to the county shall be subject to the condition that the same shall be reconveyed by the county to the city upon completion of a sufficient portion of the new port facilities at the Dodge Island site to provide for the transfer of all passenger and cargo activities from the present facilities to the Dodge Island facilities, and that the county shall not encumber said present port property and facilities by any leases, liens or other contractual arrangements extending beyond January 1, 1967, without the prior written consent and approval of the City Commission. The county shall have full power, authority and right to utilize the present port property and facilities for the purpose of providing revenues; all such revenues Shall be used solely for finsuleing the construction of port facilities at the Dodge Island Site, and for the maintenance and operation of the existing port facilities. (b) The county agrees to assume the responsibility for the employment of city employees presently employed at the Port of Miami in accordance with the terms and provisions contained in City Resolution No. 30838, and County Resolution No. 3463, which are made a part hereof by reference; provided, however, that all salaries or compensation of such city employees shall be paid solely from the revenues derived from the port facilities described in this section. Section 5. The City Commission agrees to transfer to the county, or make available for payment of the cost of constructing the port facilities on the Dodge Island site, all available city funds held, allocated of appropriated for seaport purposes, including net revenues derived from the operation of the present port facilities, which the city may lawfully transfer or expend for such purposes. The county agrees that all such moneys received from the city shall be utilized for construction of the new port facilities at the Dodge Island site, and for no other purpose. Section 6. The City Commission agrees to turn over and deliver to the County Commission all engineering studies, reports, plans, specifications and other data pertaining to the seaport facilities to be constructed on the Dodge Island site, and the county agrees to utilize the same to the fullest possible extent, and to assume all liability under the contractual agreement existing between the city and Ewin Engineering Corporation. The county further agrees to reimburse the city for all sums of money heretofore paid by the city to Ewin Engineering Corporation for said plans; provided, however, that such indebtedness shall be paid only from the net revenues derived from the operation of the new seaport facilities in accordance with the provisions of Section 3 of this Resolution. • Seetioh . The city agrees to cease to the cotthty the West Ohe Thmdred Fifty (150') feet of the Watson Island property more particularly described in the sketch attached to and made a part hereof for the sum of One ($1. 00) Dollar per year for the term expiring on January 1, 1967, for use in connection with the operation of the present Port of Miami. Section 8. The County Commission agrees to snake every reasonable effort to cause to be issued, validated and sold revenue bonds in the approximate amount of Three Million ($3, 000, 000) Dollars secured by and to be paid solely from the net revenues received from the present port facilities described in Section 4 hereof. The proceeds derived from such revenue bonds shall be used for construction of the seaport facilities on the Dodge Island site. The City Commission agrees to render all necessary assistance in aid of such endeavor. Section 9. All sums of money paid, advanced or dis- bursed by the city to the county under the provisions of Section 5 hereof, and the sums of money specified in Section 6 hereof, and the amount provided for in Section 3 hereof, shall be returned, paid or repai d to the city from net revenues derived from the operation of the new seaport facilities on the Dodge Island site (after payment of all operating and maintenance costs of stich port facilities) when such new port facilities have been fully completed and after the revenue bonds issued for construction costs have been fully paid, discharged and retired, in accordance with the provisions contained in Section 3 hereof. The aggregate amount of the entire indebtedness due to the City of Miami mutually agreed upon shall be evidenced by appropriate written instrument approved by the City Commission and the County Commission, and such obligation may be secured by appropriate revenue bonds, at the option of the city. Section 10. The proposed Construction and Finance Schedule for the Dodge Island Port Faci1iier considered and approved in principle by the County Commission is hereto attached and made a gs t here by reference, Section _i,i it is Mutually understood and agreed that the County Commission, in its discretion, may cause the said seaport facilities on the Dodge Island site to be constructed in accordance with the terms and conditions herein contained either by utilizing the powers and resources vested in the County Com- mission under the Home Rule Charter, or by utilizing the powers and resources vested in the County Commission under the Dade County Port Authority Act; and that the County Commission may seek approval of the provisions of Section 2 hereof by the free- holders at an election called for such purpose, if deemed necessary or desirable. Section 12. The City agrees that the port property facilities and equipment conveyed and transferred to the County after their reconveyance to the city pursuant to the provisions of paragraph (a) of Section 4 hereof, the county having completed the new port facilities at the Dodge Island site as hereinabove provided, will not thereafter be operated or used for commercial port purposes, and that it will not construct or operate, or consent to the construction or operation of, any commercial port properties or facilities which will be in competition with the commercial port properties and facilities operated by the county; provided, however, that this shall not be construed as limiting or preventing the city from operating its present or any future additional facilities for berthing and mooring pleasure craft, charter boats, commercial fishing boats or sightseeing boats, or any of the auxilliary operations necessary thereto. Section 13. TPA; Joint Resolution shall become effective and binding upon its adoption by both the Board of County Commissioners and the Commission of the City of Miami. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissions and upon being put to a vote, the vote was as follows: The Chairman thereupon declared the Resolution duly passed and adopted this day o -_ ....... ,.i 1961i DAM COUNTY FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS E, B. LEATHERMAN, CLERK By:. Deputy Clerk Passed and a pted by the Commission of the City of Miami, Florida, this /7 * day of '4-1/1 Gyt - , 1961. F. L. CORRELL CLERK OF THE CITY OF MIAMI, ` FLORIDA Deputy Clerk PI OPOSED bEVtLOPMENTT ON WATSON ISLAND AIPreCx At:C.4 Yeorc_� D For t-C 0•5E To DADt Co(."(N MARINA HELIPORT DUMP RASE SEAPLANE DASE M1AMI YACWT CLUB MIAI.AI OUTDOARD CLL) GARDEN OF TWE AMERICAS TROPICAL FRUIT GARDEN 4 PARK SMALL GOAT TRAILER LAUNCHING 4 PARKIUG JAPANESE GARDEN icaacu 1.02.cnao21-,. f *14 RRrA Pao Pose 0 twos TEASE To DADE Co Up'rY Iron. A Po *T 'NJ PO Sej PI ATE ..8 preservation of one of the oldest landmarks of Dade County, Florida, which premises was originally the office of Dr, ,lames M, Jackson, a pioneer of Pads county, with two (2) rooms opened to the Public as a museum on a regular basis, APPRC,1 ArtEH re& Pest For LthSE To DADF CDu•-+TY ED DOVLL'PMENTT ONI WATSON I MARINA HELIPORT BLIMP BASE SEAPLANE BASE MIAMI YACHT CLUB OMIAMI OUTWARD CLUB GARDEN OF THE AMERICAS TROPICAL FRUIT GARDEN 4 PARK SMALL BOAT TRAILER LAUNCHING PARKIiJG JAPANESE GARDEN f AlCA Pleoro1CD Welt LeAsR To DAPC Co uNTY Ir0 XAPotT putie Po1C3 aft*? 80 MIAMt. ft:8015A iNartA.t5PPlet Mt14115PANtt1iM bAti; t7, 1977 tutiike itaittlitittemant by -bade Count rot tha bodga talat‘d it FOOM!•a d6 OutidersOtYt otttAtt.,dEh bitector of ltinande viti.ctuREs Raahihtioh 32774, paaaad and adopted lay 17, 1961, stated that the td be paid to the City by •Dade County for the Dodge Island site would be made after all the County revenue bonds had been paid ift full, which is the year 2002. The resolution also stipulated that no expansion of the Seaport would be made without prior consent by the City, until the debt was paid. Today, Dade County, in order to delete this portion of the agreement, has agreed to pay the amount due, $1,343,245.10, in the following manner: - - (1) -$.500,000 plus 6% accrued interest on or before one year from the effective date of the attached resolution, (2) $ 500,000 plus 6% accrued interest on or before two years from the effective date of the attached resolution, (3) $ 343,245.10 plus 6% accrued interest on or before three years from the effective date of the attached resolution. please place the attached joint resolution, which incorporates the above facts-, on the agenda of the next City Commission meeting. JECjapVh Enc.