Miami-Dade Legislative Item
File Number: 131518
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File Number: 131518 File Type: Resolution Status: Adopted
Version: 0 Reference: R-761-13 Control: Board of County Commissioners
File Name: PROPERTY PURCHASED AT APPRAISED VALUE Introduced: 7/23/2013
Requester: NONE Cost: Final Action: 9/17/2013
Agenda Date: 9/17/2013 Agenda Item Number: 11A10
Notes: Title: RESOLUTION AMENDING RESOLUTION R-461-13 TO PROVIDE AN EXCEPTION WHEN PROPERTY IS CONVEYED FOR APPRAISED VALUE
Indexes: CONVEYANCE
Sponsors: Dennis C. Moss, Prime Sponsor
  Lynda Bell, Co-Sponsor
  Audrey M. Edmonson, Co-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 9/17/2013 11A10 Adopted P

Land Use & Development Committee 8/28/2013 2B Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Abbie Schwaderer-Raurell read the title of the foregoing proposed resolution into the record. Commissioner Bell requested to be listed as a co-sponsor for this proposed resolution. Hearing no comments or questions, the Committee members proceeded to vote on the foregoing proposed resolution, as presented.

County Attorney 7/23/2013 Referred Land Use & Development Committee 8/28/2013

County Attorney 7/23/2013 Assigned Jorge Martinez-Esteve 7/23/2013

Legislative Text


TITLE
RESOLUTION AMENDING RESOLUTION R-461-13 TO PROVIDE AN EXCEPTION WHEN PROPERTY IS CONVEYED FOR APPRAISED VALUE

BODY
WHEREAS, Resolution No. R-461-13 establishes the policy of this Board providing, in part, that property conveyances made pursuant to Florida Statute Section 125.38 to not-for-profit corporations or governmental entities include reverter provisions if the use contemplated by the Board is not maintained; and
WHEREAS, in some instances, County conveyances to such corporations or governmental entities are made in exchange for appraised value; and
WHEREAS, where a conveyance by the County pursuant to Florida Statute Section 125.38 is conditioned upon payment of appraised value, also imposing a reverter could in some occasions result in a hardship or unfairness to the buyer; and
WHEREAS, revising the policy established by R-461-13 to provide an exception to the mandatory inclusion of a reverter in circumstances where a buyer is paying appraised value would provide additional flexibility, and would not eliminate the ability to include a reverter if the circumstances so warranted,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. This Board ratifies and adopts the matters set forth in the foregoing recitals.
Section 2. The policy of this Board set forth in Resolution R-461-13 requiring the mandatory inclusion of a reverter if the use for which the property was conveyed is not maintained by the not-for-profit corporation or governmental entity shall be amended such that if an entity is paying appraised value for the property, the inclusion of the reverter provision shall be optional.



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