Miami-Dade Legislative Item
File Number: 172344
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File Number: 172344 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1065-17 Control: County Commission
File Name: PROPERTY KNOWN AS PARCEL 112 FOR A PARK AND RIDE Introduced: 10/13/2017
Requester: Transportation and Public Works Cost: Final Action: 11/7/2017
Agenda Date: 11/7/2017 Agenda Item Number: 8N9
Notes: Title: RESOLUTION DECLARING THE ACQUISITION OF THE DESIGNATED PROPERTY KNOWN AS PARCEL 112 FOR A PARK AND RIDE FACILITY LOCATED AT SW 112 AVENUE/SOUTH ALLAPATTAH ROAD AND SOUTH DADE TRANSIT WAY, TO BE A PUBLIC NECESSITY; AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE AND THE COUNTY ATTORNEY TO TAKE ANY AND ALL APPROPRIATE ACTIONS TO ACCOMPLISH ACQUISITION OF THE SUBJECT IN FEE SIMPLE, BY NEGOTIATION, DONATION, PURCHASE AT VALUES ESTABLISHED BY APPRAISALS OR TAX ASSESSED VALUES, WHICHEVER IS THE HIGHER OF THE TWO, TOGETHER WITH REASONABLE ATTORNEYS’ FEES, EXPERT FEES, BUSINESS DAMAGES, AND COSTS PURSUANT TO SECTIONS 73.091 AND 73.092, FLORIDA STATUTES, OR BY EMINENT DOMAIN COURT PROCEEDINGS AS NECESSARY; AND AUTHORIZING THE USE OF CHARTER COUNTY TRANSPORTATION SURTAX FUNDS FOR SUCH PURPOSES [SEE ORIGINAL ITEM UNDER FILE NO. 172029]
Indexes: NONE
Sponsors: Dennis C. Moss, Prime Sponsor
  Daniella Levine Cava, 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 11/7/2017 8N9 Adopted P

County Attorney 10/17/2017 Assigned Debra Herman 10/17/2017

Office of Agenda Coordination 10/13/2017 Assigned County Attorney 11/7/2017
REPORT: TPW - Amended version to 172029 - Memo only

Alina Tejeda-Hudak 10/13/2017 Assigned Office of Agenda Coordination 10/13/2017 10/13/2017

Transportation and Public Works Committee 10/12/2017 3C Amended Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Bruce Libhaber read the title of the foregoing proposed resolution into the record. He advised the proposed resolution would be amended to reflect the estimated project cost in the Mayor’s memorandum as $6,316,000; rather than $5,216,000, as an updated appraisal was completed in September 2017 subsequent to this agenda item being prepared. There being no further questions or comments, the Committee proceeded to vote on the foregoing proposed resolution as amended.

Legislative Text


TITLE
RESOLUTION DECLARING THE ACQUISITION OF THE DESIGNATED PROPERTY KNOWN AS PARCEL 112 FOR A PARK AND RIDE FACILITY LOCATED AT SW 112 AVENUE/SOUTH ALLAPATTAH ROAD AND SOUTH DADE TRANSIT WAY, TO BE A PUBLIC NECESSITY; AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE AND THE COUNTY ATTORNEY TO TAKE ANY AND ALL APPROPRIATE ACTIONS TO ACCOMPLISH ACQUISITION OF THE SUBJECT IN FEE SIMPLE, BY NEGOTIATION, DONATION, PURCHASE AT VALUES ESTABLISHED BY APPRAISALS OR TAX ASSESSED VALUES, WHICHEVER IS THE HIGHER OF THE TWO, TOGETHER WITH REASONABLE ATTORNEYS� FEES, EXPERT FEES, BUSINESS DAMAGES, AND COSTS PURSUANT TO SECTIONS 73.091 AND 73.092, FLORIDA STATUTES, OR BY EMINENT DOMAIN COURT PROCEEDINGS AS NECESSARY; AND AUTHORIZING THE USE OF CHARTER COUNTY TRANSPORTATION SURTAX FUNDS FOR SUCH PURPOSES

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 finds and declares the acquisition in fee simple of the property known as Parcel 112 located at SW 112 Avenue/South Allapattah and the South Dade Transitway, as legally described in �Exhibit A� and shown on parcel location map in �Exhibit B� attached hereto and made a part hereof, for the public purpose of a park and ride facility to be required and necessary to accomplish such improvements; and authorizes the use of Charter County Transportation Surtax Funds; and

WHEREAS, Miami-Dade County is authorized under Constitution and laws of Florida, including Chapters 73, 74, 125 and 127, Florida Statues and Sections 1.01 (A)(1), (2) and (21) of the Home Rule Charter of Miami-Dade County to acquire said property by eminent domain proceedings,

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

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

Section 2. This Board finds and declares that the acquisition of the subject parcel, as legally described in �Exhibit A� and shown on parcel map �Exhibit B�, attached hereto and incorporated herein by reference, is needed for the public purpose of a park and ride facility.

Section 3. This Board authorizes and directs the County Mayor or the County Mayor�s designee and the County Attorney to employ appraisers, review appraisers and expert witnesses, to obtain required environmental audits and to take any action to acquire the subject parcel, as legally described in �Exhibit A� in fee simple, including any business thereon, either by negotiation, donation, purchase at values established by appraisals or tax assessed value, whichever is the higher of the two, together with reasonable attorneys� fees, expert fees business damages, and costs pursuant to Section 73.091 and 73.092, Florida Statues, or eminent domain court proceedings including a declaration of taking as necessary and on behalf of Miami-Dade County, and authorizes the use of Charter County Transportation System Surtax Funds.

Section 4. Pursuant to Resolution No. R-974-09, this Board directs the County Mayor or the County Mayor�s designee to record the instrument 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 Esteban L. Bovo, Jr.
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Resolution Declaring the Acquisition of the Designated Property Known as Parcel 112 for
a Park and Ride Lot Located at SW 112 Avenue/South Allapattah Road and the South
Dade Transitway, to be a Public Necessity and Authorizing the Use of Charter County
Transportation Surtax Funds for Such Purposes

STAFF RECOMMENDATION
This item was amended at the October 12, 2017 Transportation and Public Works Committee to reflect an updated appraisal which increased the total estimated project cost to $6,316,000.00.�

Recommendation
It is recommended that the Board of County Commissioners (Board) approve the attached resolution which does the following:

* Declares the acquisition of Parcel 112 required for the operation of, and improvement to, a park and ride facility located at SW 112 Avenue/South Allapattah Road along the South Dade Transitway (Transitway) to be a public necessity.

* Authorizes the Miami-Dade County (County) Mayor or the Mayor�s Designee and the County Attorney to employ appraisers, expert witnesses, obtain required environmental audits, and to take any and all appropriate actions to acquire the subject parcel in fee simple, either by negotiation, donation, purchase at values established by appraisals or tax assessed values, whichever is the higher of the two, along with reasonable attorneys� fees, business damages, expert fees and costs pursuant to Sections 73.091 and 73.092, Florida Statutes, or eminent domain court proceedings, including a declaration of taking as necessary for and on behalf of the County.

This item is placed for Committee review pursuant to County Code Section 29-124(f). This item may only be considered by the Board if the Citizens Independent Transportation Trust (CITT) has forwarded a recommendation to the Board prior to the date scheduled for Board consideration or 45 days have elapsed since the filing with the Clerk of the Board of this item. If the CITT has not forwarded a recommendation and 45 days have not elapsed since the filing of this item, I will request a withdrawal of this item.

Scope
The scope of this item is countywide in nature; however, the parcel is located within Commission District 9, which is represented by Commissioner Dennis C. Moss.

Fiscal Impact/Funding Source
The estimated project cost of the purchase and rehabilitation of this Park and Ride facility is $6,316,000.00. Pursuant to Resolution No. R-486-17, a joint participation agreement with The Florida Department of Transportation will provide $2,608,000 in Park and Ride Program funding in State Fiscal Year (FY) 2017. Bond proceeds from the FY 2016-17 Adopted Capital Budget as Project No. 671610 Project included in the Charter County Transportation Sales Surtax (Surtax) will be used for the required $3,708,000.00 local match.

The estimated future annual operating and maintenance cost resulting from the purchase of this property is $55,000 (for landscaping, cleaning, electricity and miscellaneous maintenance), and will be funded through the Department of Transportation and Public Works� (DTPW) operating budget. In addition, this acquisition will eliminate the need for the current annual lease payment in the amount of $65,000.


Track Record/Monitor
This item will be monitored by Froilan I. Baez, Chief of Right-of-Way, Utilities and Joint Development Division, DTPW.

Delegated Authority
In accordance with Section 2-83 of the County Code, related to identifying delegation of Board authority, there are no additional authorities beyond those specified in the Resolution.

Background
The Transitway has historically been heavily utilized, with thousands of weekly riders. In addition, parking occupancy at the southernmost Metrorail stations (Dadeland South, Dadeland North and South Miami) is currently at 100 percent capacity. Due to the increase in ridership along the Transitway, and the limited number of available parking spaces for transit patrons, DTPW evaluated the availability of properties along the Transitway suitable for Park and Ride facilities in 2008. Following this evaluation, on October 7, 2008, this Board approved Resolution No. R-1019-08, authorizing a Lease Agreement for a 6.8-acre site located at SW 112 Avenue/South Allapattah Road and the Transitway. The annual lease entered into by the County pursuant to the Resolution has current rental payments of $65,000, including automatic renewals (the �Lease�).

Pursuant to the Lease, since October 7, 2008, the subject property has been utilized as a Park and Ride facility, with a total of 462 parking spaces. The Lease is presently on a year-to-year basis, and the owner is currently marketing the property for sale. Based upon the current 70 percent daily capacity, the purchase of Parcel 112 is necessary and required to retain the Park and Ride facility. The property to be acquired by the County is legally described in Exhibit �A� and illustrated on the parcel location map as Exhibit �B� attached hereto. The property will be utilized as a Park and Ride facility, and may include other ancillary improvements, including surface parking, a �kiss and ride� drop off area, passenger waiting area, bus bays, roundabout for buses, and a rest/break facility for drivers (including restrooms). DTPW routes that will service this Park and Ride include 1, 31, 34A, 34B, 38 and 52. This Park and Ride will also assist in absorbing overflow parking, which may arise from any of the future ancillary uses.





__________________________
Alina T. Hudak
Deputy Mayor



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