HomeMy WebLinkAboutR-17-0142City of Miami
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Legislation
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Resolution R-17-0142
File Number: 1963
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 3/23/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING AND
AUTHORIZING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS
INCLUDING COMMENCEMENT OF PROCEEDINGS TO ENJOIN THE STATE
OF FLORIDA ("STATE") AND THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION ("FDEP") FROM CONTINUING WITH THEIR
OFFER TO SELL THROUGH COMPETITIVE SEALED BID NO. DSL -BID -16-020
THE PROPERTY LOCATED APPROXIMATELY BETWEEN NORTHWEST 22ND
STREET AND 22ND TERRACE AND NORTHWEST 10TH AVENUE AND 11TH
AVENUE, MIAMI, FLORIDA, ALSO DESCRIBED AS FOLIO NO. 01-3126-053-
0130, PER THE ATTACHED PROPERTY REPORT AND DEED ("PROPERTY");
ALSO FURTHER DIRECTING AND AUTHORIZING THE CITY ATTORNEY TO
TAKE ANY AND ALL ACTION NECESSARY AND IN FURTHERANCE OF THE
SUCCESSFUL RECONVEYANCE OF THE PROPERTY FROM THE STATE AND
FDEP BACK TO THE CITY.
WHEREAS, the City of Miami ("City") has learned of State of Florida ("State") and
Florida Department of Environmental Protection ("FDEP") efforts to surplus and sell a triangular
parcel of property located approximately between Northwest 22nd Street and 22nd Terrace and
Northwest 10th Avenue and 11th Avenue Miami, Florida also described as Folio No. 01-3126-
053-0130, described in the attached property report and deed ("Property"); and
WHEREAS, at the time of the City's 1982 conveyance of the Property to the State, the
State's objective was a total acquisition of nearly seven (7) acres of City land for construction of
a hospital ("Project"); and
WHEREAS, the City's legislative history demonstrates a great willingness to assist the
State, in spite of public outcry against the Project, and accommodations to the State by
changing the then zoning of the area to "GU", Government Use, and deeding the Property, as
well as several others, to the State for "nominal", If any, consideration at all; and
WHEREAS, the State never followed through with the Project and never did anything
else with the Property; and
WHEREAS, for the overwhelming majority of the period the State has owned the
Property, local community businesses, not the State, have made beneficial usage of the
Property for loading purposes, parking, etc. and absent this beneficial usage by these local
community businesses, left entirely to the State, the Property would have gone to total waste;
and
WHEREAS, failure to proceed with the Project and lack of any other State usage make it
abundantly clear the State had no need for the Property and its decision to surplus and sell the
Property through competitive sealed Bid No. DSL -BID -16-020 ("Bid No. DSL -BID -16-020")
confirms this; and
City of Miami Page 1 of 2 File ID: 1963 (Revision:) Printed On: 6/27/2017
File ID: 1963 Enactment Number: R-17-0142
WHEREAS, the State is now positioned to experience a windfall from the potential sale
of the very same Property it acquired from the City for "nominal', if any, consideration at all; and
WHEREAS, per City communications with the State, Chapter 253, Florida Statutes, as
amended, no longer provides other government agencies a right of first refusal when such
surplus property is put out for bid; consequently, a government agency, such as the City, now
interested in such a parcel would need to offer fair market value much the same as any other
interested party; and
WHEREAS, the City has more than proven itself a good partner to the State, has
respectfully requested a return on some of the good will it has demonstrated, and wants the
State to convey the Property back to the City which would allow for the possible continued
beneficial usage by the local community businesses for whom this Property is far from
unnecessary surplus; but, rather, a critical component to their continued success;
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 as if fully set forth in this Section.
Section 2. The City Commission hereby authorizes and directs the City Attorney to take
any and all actions including commencement of proceedings to enjoin the State and FDEP from
continuing with their offer to sell the Property through Bid No. DSL -BID -16-020.
Section 3. The City Commission hereby further authorizes and directs the City Attorney
to take any and all action necessary and in furtherance of the successful reconveyance of the
Property from the State and FDEP back to the City.
Section 4. The City Clerk is hereby directed to transmit a copy of this Resolution to the
corresponding State agencies referenced herein.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i "ndez, Cify Attor iey 3/14/2017
' 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.
City of Miami Page 2 of 2 File ID: 1963 (Revision:) Printed on: 6/27/2017