HomeMy WebLinkAboutR-75-0072FHW:eb
1. 9 - 7 5
RESOLUTION NO 75-72
A RESOLUTION EXPRESSING THE INTENT OF THE CITY
OF MIAMI THAT THE CITY DEED OVER SIXTY (60)
ACRES OF PROPERTY, PROPERLY DEFINED, CONTIGUOUS
TO THE EXISTING FACILITIES AT VIRGINIA KEY,
CONTINGENT UPON, AND THE TITLE SO REFLECTING,
THAT AT THE SIGNING OF THE INSTRUMENT THAT
DADE COUNTY GIVE 5.3 MILLION DOLLARS AS A LUMPSUM
CASH PRICE FOR THE PROPERTY; THAT THE CITY OF
MIAMI COMMITS TO USE THAT 5.3 MILLION DOLLARS
FOR THE PURPOSE OF BUILDING AN AUDITORIUM -ARENA
COMPLEX IN THE DOWNTOWN AREA; THAT DADE COUNTY
COMMIT ITSELF TO GIVE TO THE CITY OF MIAMI FOR
THE PURPOSES OF BUILDING THIS COMPLEX 180,000
SQUARE FEET IN THE DOWNTOWN AREA, PREFERABLY
IN THE GOVERNMENT CENTER, BUT IN AN AREA
ACCEPTABLE TO THE CITY OF MIAMI, AND WHOSE
SPECIFICATIONS WOULD BE WITHIN A REASONABLE
WALKING DISTANCE FROM EITHER THE GOVERNMENT
CENTER OR A MAJOR CENTER OF THE DOWNTOWN CORE
AREA, FOR THE CONSTRUCTION OF A CITY OF MIAMI
FACILITY; THAT THE LAND, EVEN THOUGH DADE
COUNTY WILL HAVE TITLE TO IT, WILL NOT HAVE
ANY ENCUMBRANCES, EITHER NOW OR IN THE FUTURE;
NO TAXES; THAT THE AIR RIGHTS BELONG TO THE
CITY; THAT THEY CANNOT USE IT IN THE FUTURE
FOR ANY PURPOSES CONTRARY TO THE PURPOSES OF
THE CITY WITHOUT THE CITY'S AUTHORIZATION;
THAT THE LAND BE MADE AVAILABLE BY THE END OF
CALENDAR 1975; THAT WITHIN THREE MONTHS AFTER
THE CLOSING, MIAMI-DADE WATER AND SEWER AUTHORITY
WILL COME CONCURRENT IN WHATEVER DEBTS THE
AUDITORS SAY ARE OWED THE CITY OF MIAMI AT THAT
TIME, AND THAT IN THE FUTURE THEY WILL KEEP
CURRENT WITH THE PAYMENTS TO THE CITY OF MIAMI;
AND THAT THE TRI-PARTITE AGREEMENT BE FINALIZED
UPON THE SIGNING OF THE (TRANSFER) CONTRACT, AND
THAT THE PAYMENTS OF THAT AGREEMENT WILL BEGIN TO
RUN ON THE DAY OF THE SIGNING.
WHEREAS, members of this Commission and the Metro-
politan Dade County Commission met in a special meeting on
December 9, 1974 for the purpose of discussing the sale to the
Miami -Dade Water and Sewer Authority of 60 acres of land owned
by the City of Miami on Virginia Key; and
WHEREAS, as a result of said meeting, it is the
desire of this Commission to declare its intent concerning
the conditions of the sale which were discussed at said
meeting; and
WHEREAS, this Commission is desirous of doing its
utmost to promote the health, safety and welfare of the citi-
zens of the City of Miami and is desirous of cooperating
with the Metropolitan Dade County Commission to accomplish
this purpose with respect to all of the citizens of Dade
County; and
WHEREAS, many factors were considered and discussed
at the aforesaid special meeting which were involved in the
contemplated sale of the aforesaid property, including the
appraised value of the property, the possible loss of a
federal monetary grant by Metropolitan Dade County and the
Miami -Dade Water and Sewer Authority if the property were
not acquired by the Authority so as to enable the Authority
to construct and expand a sewage facility on the site, as
well as other factors coincident with the health and welfare
of the citizens of this community; and
2
WHEREAS, the aforesaid 60 acres of property has been
appraised by Mr, Leonard Bisz, a qualified MIA appraiser, at a
value of 5,3 million dollars; and
WHEREAS, this Commission deems it essential that
recognition be given to the fact that, by transferring the
former City of Miami Department of Water and Sewers tb Metropolitan
Dade County for its operation as the Miami --Dade Water and Sewer
Authority for the benefit of all of the citizens of Dade County,
the citizens of. Miami, comprising only 23% of the citizenry of
the Dade County Community have contributed to all of the citizens
of Dade County an on -going facility worth approximately 500 million
dollars; and
WHEREAS, in order to finance improvements and additions
to the water and sewage facilities operated by the Miami -Dade
Water and Sewer Authority the citizens of the City of Miami
obligated themselves to an additional bonded indebtedness by
virtue of a ten million dollar City Sewer Bond Issue; and
WHEREAS, the Miami -Dade Water and Sewer Authority has
indicated a willingness to assume this obligation at the option
of the City with the understanding that any water and sewer
rate structure providing for preferential rates to City of Miami
citizens may be revised provided that such revision shall be
equitable to the citizens of the City of Miami and in line with
rates charged to other water consumers of the Water and Sewer
Authority, giving full consideration to the fact that the City
has provided free of charge to the Miami -Dade Water and Sewer
Authority a Five Hundred Million Dollar facility for the use and
benefit of all of the citizens of Metropolitan Dade County; and
WHEREAS, members of the Metropolitan Dade County Com-
mission have indicated a willingness to meet with members of this
City Commission to discuss the matter of services rendered by
the County to unincorporated areas for which city residents pay
a portion without deriving benefit therefrom: and
WHEREAS, this Commission is cognizant of the advantage
to the City of Miami and indeed to all of Dade County of having
a convention facility in the downtown area of Miami;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA!
Section 1. It is the intent of the Commission of the
City of Miami to convey to the Miami -Dade Water and Sewer
Authority sixty (60) acres of land owned by the City of Miami,
continguous to the existing facilities at Virginia Key for the
sum of 5.3 Million Dollars and other consideration as specified
below. All of said 5.3 million dollars shall be paid in one
payment upon delivery of the deed.
Section 2. The aforesaid 5.3 million dollars is to be
utilized by the City of Miami for the construction of an Auditorium -
Arena Complex to be located on 180,000 square feet of land pro-
vided by the County in the downtown area. The aforesaid land shall
be made available for the use of the City of Miami by December,
1975.
Section 3. In recognition of the mutual benefits to
he derived by all of the cities of Dade County as well as the
citizens of the City of Miami from the cooperation of the City
of Miami in the expansion of the sewerage facilities, and in the
construction of an Auditorium -Arena Complex, Metropolitan Dade
County will provide 180,000 square feet of land upon which the
City shall build an Auditorium -Arena Complex. Said land shall
be in the downtown Miami area, preferably in the Government
Center, but in any event, it shall be adjacent to adequate parking
and within walking distances of the Government Center or some
major Center of the downtown core area. Although the County
shall retain title to the underlying land, the land shall, at
all times, be unencumbered. The City shall retain all rights
and title to the buildings and air space above the surface. The
City shall not be liable for the payment of any taxes on said
land or buildings. Said land shall not, in the future, be used
for any purpose to which the City does not agree and authorize.
Section 4. Not later than three (3) months after
the date of closing, the Miami -Dade Water and Sewer Authority
shall pay whatever amounts the auditors shall determine is
owed to the City of Miami to date, and in the future the Authority
shall promptly pay such amounts as shall become due and owing
to the City.
Section 5. The Tri-Partite Agreement shall be fully
executed concurrently with the signing of the Transfer Agreement.
All amounts thereby agreed upon shall accrue from that date and
shall be paid promptly.
Section 6. The proper city officials are hereby
authorized and directed to insure the implementation and the
-5-
1
accomplishment of the intent expressed in Motion 74-1392 and
in this resolution.
PASSED AND ADOPTED this 9th day of January •
11
1975.
MAURICE A. FERRE
MAYOR
Attests _
ity Clerk
APPROVED AS TO FORM AND CORRECTNESS:
JOHN S. LLOYD
City Attorney
06, 51
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1-7-75
MCseb
RESOLUTION NO..
A RESOLUTION EXPRESSING THE INTENT OF
THE CITY COMMISSION TO PROVIDE FOR SIXTY
(60) ACRES OF LAND OWNED BY THE CITY OF
MIAMI, CONTIGUOUS TO THE EXISTING FACILI-
TIES AT VIRGINIA KEY, TO BE CONVEYED TO
THE MIAMI-DADE WATER AND SEWER AUTHORITY
FOR THE SUM OF 5.3 MILLION DOLLARS; PRO-
VIDING THAT THE TITLE BE CONTINGENT UPON
A BONDING COMMITMENT THAT THE SEWERAGE
PLANT'S TWO (2) 16 INCH SLUDGE LINES BE
RE-ROUTED OUTSIDE CITY LIMITS; FURTHER
PROVIDING THAT UPON THE TRANSFER OF THE
DEED THAT DADE COUNTY PAY 5.3 MILLION
DOLLARS AS A LUMP SUM CASH PAYMENT FOR
THE TRANSFER; FURTHER PROVIDING THAT THE
AFORESAID 5.3 MILLION DOLLARS BE UTILIZED
BY THE CITY OF MIAMI FOR AN AUDITORIUM -
ARENA COMPLEX TO BE LOCATED IN THE DOWNTOWN
AREA; FURTHER PROVIDING THAT DADE COUNTY
ADDITIONALLY MAKE AVAILABLE 180,000 SQUARE
FEET IN THE DOWNTOWN AREA FOR THE AFORE-
SAID AUDITORIUM -ARENA COMPLEX IN AN AREA
ACCEPTABLE TO THE CITY OF MIAMI; FURTHER
PROVIDING THAT THE AFORESAID LAND HAVE •
NO ENCUMBERANCES AND BE TAX FREE; FURTHER
PROVIDING THAT THE AFORESAID LAND BE MADE
AVAILABLE BY DECEMBER, 1975; FURTHER
PROVIDING FOR THE ASSUMPTION OF ALL OUT-
STANDING GENERAL BOND OBLIGATIONS BY THE
MIAMI-DADE WATER AND SEWER AUTHORITY; AND
FURTHER DIRECTING THE PROPER CITY OFFICIALS
TO IMPLEMENT THIS TRANSFER.
WHEREAS, certain members of this Commission and
the Metropolitan Dade County Commission met in a special
meeting on December 9, 1974 for the purpose of discussing
the sale to the Miami -Dade Water and Sewer Authority of
60 acres of land owned by the City of Miami on Virginia
Key; and
WHEREAS, as a result of said meetingy it is the
desire of this Commission to declare its intent concerning
the conditions of the sale which were discussed at said
meeting; and
WHEREAS, this Commission is desirous of doing its
utmost to promote the health, safety and welfare of the
citizens of the City of Miami and is desirous of cooperating
with the Metropolitan Dade County Commission to accomplish
this purpose with respect to all of the citizens of Dade
County; and
WHEREAS, many factors were considered and discussed
at the aforesaid special meeting which were involved in the
contemplated sale of the aforesaid property, including the
appraised value of the property, the possible loss of a
federal monetary grant by Metropolitan Dade County and the
Miami -Dade Water and Sewer Authority if the property were
not acquired by the Authority so as to enable the Authority
to construct and expand a sewage facility on the site, as
well as other factors coincident with the health and welfare
of the citizens of this community; and
WHEREAS, the aforesaid 60 acres of property has
been appraised by Mr. Leonard Bisz, a qualified MIA appraiser,
at a value of 5.3 million dollars;. and
WHEREAS, this Commission deems it essential that
recognition be given to the. fact that, by transferring the
former City of Miami Department of Water and Sewers to
Metropolitan Dade County for.its operation as the Miami -Dade
Water and Sewer Authority for the benefit of all of the
citizens of Dade County, the citizens of Miami, comprising
only 23% of the citizenry of the Dade County Community have
contributed to all of the citizens of Dade County an on-
going facility worth approximately 500 million dollars; and
WHEREAS, in order to finance improvements and
additions to the water and sewage facilities operated by the
Miami -Dade Water and Sewer Authority the citizens of the City
of Miami obligated themselves to an additional bonded
indebtedness by virtue of a ten million dollar City Sewer
Bond Issue; and
WHEREAS, this Commission is cognizant of the
advantage to the City of Miami and indeed to all of Dade
County of having a convention facility in the downtown area
of Miami;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
3 -
Section 1. It is the intent of the Commission of
the City of Miami to convey to the Miami -Dade Water and Sewer
Authority sixty (60) acres of land owned by the City of
Miami, contiguous to the existing facilities at: Virginia
Key for the sum of 5.3 Million Dollars, all of said sum to
be paid as a lump sum cash payment upon the transfer of
the deed to Dade County.
Section 2. The aforesaid 5.3 million dollars is
to be utilized by; the City of Miami for the Auditorium -Arena
Complex to be located on 180,000 square feet of land provided
by the County in the downtown area4which is acceptable to the
City of Miami and made available by the County to the City
without charge for the aforesaid Auditorium -Arena Complex.
The City of Miami is to own and operate this facility and
derive all revenues therefrom. All air rights shall belong
to the City of Miami and there shall be a proviso that
this facility may not be used in the future for any purposes
contrary to the purposes of the City without the City's
authorization.
The aforesaid land shall be made available for the
use of the City of Miami by December, 1975 and shall have
no encumberances, either now or in the future, and shall
be tax free.
Section.3. The title to the aforesaid 60 acres of
land owned by the City c Miami shall be contingent upon a
binding commitment that the Sewerage Plant's two (2) 16 inch
sludge lines from the Plant of the Miami -Dade Water and
Sewer Authority shall be re-routed outside of City limits.
The Water and Sewer Authority shall consult with
members of the Department of Public Works of the City of
Miami, designated by the City'Manager to work in cooperation
with the Authority, pertaining to the routing of the sludge
transmission lines.
Section 4. The General Bond Obligations)
presently outstanding and payable by the City of Miami for
the construction of water and sewer facilities)wi.11 be
assumed by the Miami -Dade Water and Sewer Authority. In
consideration for the assumption of these obligations any
water and sewer rate structure providing for preferential
rates to City of Miami citizens may be revised provided
that such revision shall be equitable to the citizens
of the City of Miami and in line with rates charged to
other water consumers of the Water and Sewer Authority,
giving full consideration to the fact that the City has
provided free of charge to the Miami -Dade Water and Sewer
Authority a five hundred million dollar facility for the
use and benefit of all of the citizens of Metropolitan
Dade County.
Section 5. The proper City Officials are hereby
authorized and directed to insure the implementation and
the accomplishment of the intent expressed in Motion 74-1392
and in this Resolution.
PASSED AND ADOPTED this • day of
1975.
Attest:
PREPARED AND APPROVED BY:
Mikele Carter
Assistant City Attorney
APPROVED AS TO FORM:
ohn S. Lloyd
ity Attorney
MAYOR
City Clerk