Miami-Dade Legislative Item
File Number: 112006
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File Number: 112006 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1062-11 Control: Board of County Commissioners
File Name: G PAYMENT OF REASONABLE ATTORNEY’S FEES PARCEL 6 Introduced: 9/23/2011
Requester: Public Works & Waste Management Cost: Final Action: 12/6/2011
Agenda Date: 12/6/2011 Agenda Item Number: 8M4
Notes: Title: RESOLUTION AUTHORIZING PAYMENT OF REASONABLE ATTORNEY’S FEES AND COSTS PURSUANT TO CHAPTERS 73.091 AND 73.092, FLORIDA STATUTES; AND APPROVING THE CONTRACT FOR SALE AND PURCHASE OF DESIGNATED PROPERTY KNOWN AS PARCEL 6 IN THE AMOUNT OF $11,571.00 WITH MIAMI-DADE COUNTY AS PURCHASER AND WILLIE MILTON AS SELLER, FOR RIGHT-OF-WAY NEEDED FOR THE PEOPLE’S TRANSPORTATION PLAN (PTP) PROJECT ENTITLED AS ROADWAY EXPANSION AND IMPROVEMENTS TO SW 176 STREET FROM US HIGHWAY 1 TO SW 107 AVENUE AND AUTHORIZING THE USE OF CHARTER COUNTY TRANSPORTATION SURTAX FUNDS
Indexes: NONE
Sponsors: Dennis C. Moss, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 12/6/2011 8M4 Adopted P
REPORT: Hearing no objection, members of the Board considered Agenda Items 13A2 through 13A6 simultaneously with Agenda Item 8M4. Chairman Martinez noted he believed the public was misled about the use of the ½ Penny Surtax funds for the Peoples Transportation Plan (PTP), and he would vote “No” on the foregoing resolutions because it would permit the use of surtax funds to pay for attorneys/experts’ fees. Commissioner Bell said she believed it would be appropriate to use Surtax funds for roadway acquisitions; otherwise, how could the County purchase these properties without having to pay related legal fees and claims. Chairman Martinez noted the legal fees could be paid from the General Fund. He pointed out that the actual cost to purchase the land in Agenda Item 8M4 was $7,500, but after adding approximately $4,000 for attorney/expert fees, the contract price would be $11,500. Chairman Martinez said he could not, in good faith, support these proposals, since the PTP funds were intended for new services and would be used to pay for attorneys’ fees. County Attorney Cuevas noted he concurred with Commissioner Bell that the use of PTP funds for this purpose would be legal, ethical, and permissible. Chairman Martinez pointed out that although the PTP funds were intended for new services, this Commission decided to mix new funds with old funds, which was legal, ethical and permissible, but was never promised to the people. Commissioner Heyman questioned whether the attorneys’ fees were to cover the cost of in-house attorneys or private lawyers. County Attorney Cuevas explained that, pursuant to the State Constitution, the County must compensate land owners for the value of property acquired for a public project through eminent domain, as well as the cost of attorney fees and representation. He concurred with Commissioner Heyman that the cost for in-house attorneys to represent property owners would be covered under the County’s budget, and noted he believed the attorney/expert fees for each of the items were reasonable. Commissioner Heyman noted she supported this proposed resolution because it would enable the County to acquire lands to expand the County’s transit services. Commissioner Sosa noted the public voted favorably to use the ½ Penny Surtax funds for specific projects in the PTP to improve Miami-Dade Transit’s system and infrastructure; however, the former Administration requested, and the Commission approved these funds be merged into MDT’s Budget to support Transit’s operations and maintenance, which she did not support. Commissioner Sosa said she would support the use of PTP funds to expand transit services and only for the purposes the voters approved. She noted she would support this ordinance if the attorneys/expert fees were paid from another source. Commissioner Moss questioned whether the procedure the County used to acquire properties was standard. County Attorney Cuevas advised that the procedure was standard, particularly with regard to Eminent Domain. Commissioner Moss pointed out that the project identified in Agenda Item 8M4 was included in the PTP and the voters approved it. Hearing no further questions or comments, members of the Board proceeded to vote on the foregoing proposed resolutions as presented.

Regional Transportation Committee 11/7/2011 3F Forwarded with a favorable recommendation P
REPORT: Assistant County Attorney Bruce Libhaber read into the record the title of the foregoing resolution. Hearing no questions or comments from Committee members, the Administration or the audience, the Committee proceeded to vote.

County Attorney 9/27/2011 Assigned Jorge Martinez-Esteve 9/28/2011

County Mayor 9/23/2011 Assigned County Attorney 11/15/2011
REPORT: PWD-CAO-JORGE MARTINEZ-ESTEVE-PENDING COMMITTEE(COMMISSIONER MOSS)

County Mayor 9/23/2011 Assigned Alina Tejeda-Hudak

Legislative Text


TITLE
RESOLUTION AUTHORIZING PAYMENT OF REASONABLE ATTORNEY’S FEES AND COSTS PURSUANT TO CHAPTERS 73.091 AND 73.092, FLORIDA STATUTES; AND APPROVING THE CONTRACT FOR SALE AND PURCHASE OF DESIGNATED PROPERTY KNOWN AS PARCEL 6 IN THE AMOUNT OF $11,571.00 WITH MIAMI-DADE COUNTY AS PURCHASER AND WILLIE MILTON AS SELLER, FOR RIGHT-OF-WAY NEEDED FOR THE PEOPLE’S TRANSPORTATION PLAN (PTP) PROJECT ENTITLED AS ROADWAY EXPANSION AND IMPROVEMENTS TO SW 176 STREET FROM US HIGHWAY 1 TO SW 107 AVENUE AND AUTHORIZING THE USE OF CHARTER COUNTY TRANSPORTATION SURTAX FUNDS

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference; and

WHEREAS, this Board by Resolution No. R-739-10 authorized and directed the County Mayor or the County Mayor designee and the County Attorney to take any and all appropriate actions to acquire Parcel 6 in fee simple as part of the necessary right-of-way for expansion and improvements to SW 176 Street from US Highway 1 to SW 107 Avenue and authorizing the use of Charter County Transportation Surtax Funds,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that

Section 1. This Board ratifies and adopts these matters set forth in the foregoing recitals.

Section 2. This Board hereby approves the Contract for Sale and Purchase in the amount of $11,571.00, including attorney’s fees and expert fees, as shown in Exhibit “1” attached hereto and made a part hereof, between Willie Milton, as seller, and Miami-Dade County, as purchaser, for the purchase of property more specifically described in Exhibit “A” and illustrated in Exhibit “B,” in substantially the form attached hereto and made a part hereof; and authorizes the County Mayor or County Mayor’s designee to execute same for and on behalf of Miami-Dade County, Florida and to exercise the provisions contained therein; and authorizes the use of Charter County Transportation Surtax Funds.

Section 3. Pursuant to Resolution No. R-974-09, this Board directs the County Mayor or County Mayor’s designee to record the instruments of conveyance accepted herein in the Public Records of Miami-Dade County, Florida; and to provide a recorded copy of the instrument to the Clerk of the Board within thirty (30) days of execution of said instrument; and directs the Clerk of the Board to attach and permanently store a recorded copy together with this resolution.

HEADER
Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject:Resolution Authorizing Payment of Attorney’s Fees and Costs Pursuant to Chapters 73.091 and 73.092, Florida Statutes; and Approving the Contract for Sale and Purchase of Designated Property Known as Parcel 6 for the People’s Transportation Plan (PTP) Project Entitled Roadway Expansion, Beautification and Improvements to SW 176 Street, from US Highway 1 to SW 107 Avenue and Authorizing the Use of Charter County Transportation Surtax Funds
.RECOMMENDATION
It is recommended that the Board of County Commissioners (BCC) approve the attached resolution which does the following:
* Authorizes the payment of reasonable attorney’s fees and costs pursuant to Chapters 73.091 and 73.092, Florida Statutes, and
* Approves the contract for sale and purchase, attached hereto as Exhibit “1” and made a part hereof, to acquire in fee simple property known as Parcel 6, under the terms and conditions and for the compensation provided in said contract, for necessary right-of-way for the PTP project entitled Roadway Expansion, Beautification and Improvements to SW 176 Street, from US Highway 1 to SW 107 Avenue.

The BCC previously approved Resolution No. R-739-10 on July 8, 2010, declaring the acquisition of the subject property to be a public necessity, and authorized the County Mayor or the County Mayor’s Designee and the County Attorney to take all appropriate actions to purchase this property, and to employ appraisers and expert witnesses in connection therewith.

SCOPE
The impact of this project is countywide; however, it is located within Commission District 9.

FISCAL IMPACT/FUNDING SOURCE
Funding for the right-of-way acquisition, design, and construction of this project is from Charter County Transportation Surtax bond proceeds. This item will be presented to the Citizens’ Independent Transportation Trust for review prior to final consideration by the BCC. Funding is programmed within the adopted FY2011-12 Capital Budget and the index code is CPEPTP609176. The index code for the right-of-way acquisition is subject to change; however, any need for additional funds would require further BCC approval.

The attached Purchase and Sale Contract is in the amount of $7,500, attorneys’ fees are in the amount of $2,871 and expert fees are in the amount of $1,200, for a total of $11,571. The total cost of the project (inclusive of construction, design and the right-of-way acquisition of all parcels) is estimated at $5,377,704. The anticipated ongoing annual maintenance and operational costs will be approximately $7,077.52 and $4,080.79, respectively.


TRACK RECORD/MONITOR
The Public Works Department (PWD) is the entity overseeing this project and the responsible person for monitoring this acquisition project is Mr. Francisco Fernandez, Chief, Real Estate Officer, Right-of-Way Division.

BODY
PWD has programmed the construction of SW 176 Street as part of the PTP Project Entitled Roadway Expansion, Beautification and Improvements to SW 176 Street, from US Highway 1 to SW 107 Avenue. The proposed project consists of reconstructing the existing roadway to include a raised landscaped median, bicycle facilities, sidewalks, curb and gutters, a continuous storm drainage system, signalization, pavement markings and signage, and roadway lighting.

The area to be acquired by Miami-Dade County is necessary for the proposed roadway improvements, and is legally described in “Exhibit A” and illustrated on the parcel location map in “Exhibit B”, both attached herewith.

The subject property was appraised for the County by an independent appraiser for a total value of $5,300. An offer was extended to the owner, Willie Milton, for the appraised amount. The owner declined the offer and made a counter offer of $7,500. In an effort to avoid condemnation and expedite the acquisition, the County accepted the offer subject to BCC approval. This offer is equal to $4.22 per square foot and is in the range of comparable sales of $2.67 through $4.22 per square foot, used by the County’s independent appraiser.



_____________________________
County Manager/Deputy Mayor



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