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HomeMy WebLinkAbout2020-003-422 Buccaneer Park Pump Station 442 ORDINANCE NO. 2020-003-422 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT EXCHANGE OF PROPERTY AGREEMENT IN SUBSTANTIAL FORM AS THAT AGREEMENT ATTACHED HERETO AS EXHIBIT "A;" AUTHORIZING THE TRANSFER OF THAT CERTAIN CITY-OWNED PROPERTY GENERALLY LOCATED AT 20601 N.W. 32 AVENUE, MIAMI GARDENS, FLORIDA, KNOWN AS BUCCANEER PARK, BEARING FOLIO NO. 34-1133-024- 0010 TO MIAMI-DADE COUNTY IN EXCHANGE FOR 875 SQUARE FEET OF REAL PROPERTY LOCATED WITHIN BUCCANEER PARK AT 20591 N.W. 30 COURT, MIAMI GARDENS, FLORIDA, BEARING FOLIO NO. 34- 1133-011-0880 OWNED BY MIAMI-DADE COUNTY; PROVIDING FOR INSTRUCTIONS TO THE MAYOR, CITY MANAGER, CITY ATTORNEY AND CITY CLERK; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens ("City") is the fee simple owner of certain real property located 20601 N.W. 32 Avenue, Miami Gardens, Florida, known as Buccaneer Park, bearing Folio No. 34-1133-024- 0010 ("Buccaneer Park Property"), and WHEREAS, the Miami-Dade County ("County") is the fee simple owner of 875 square feet of real property located within Buccaneer Park at 20591 N.W. 30 Court, Miami Gardens, Florida. bearing Folio No. 34- 1133-011-0880 ("County Property"), and WHEREAS, the Miami-Dade Water and Sewer Department ("WASD") owns and operates Pump Station 442, which is located on the County Property, and WHEREAS, pursuant to section 24-42.3 of the Code of Miami-Dade County and the Consent Decree between the County and the United States Environmental Protection Agency, the State of Florida and the Florida Department of Environmental Protection entered into in 2013, the County established a Pump Station Improvement Program in order to carry out upgrades to the County's wastewater collection and transmission system, including the County's pump stations and force mains, and WHEREAS, in order to bring Pump Station 442 into compliance with the requirements and regulations set forth in the Consent Decree, the County must complete upgrades to Pump Station 442 by December 31, 2020, and WHEREAS, as part of the upgrades, the County is proposing to remove and relocate Pump Station 442, at its sole cost and expense, to an area within the Buccaneer Park Property that would provide WASD with better access to the new upgraded Pump Station 442 and would decrease the number of disruptions to Buccaneer Park patrons, and WHEREAS, as part of upgrading Pump Station 442, the County will also design and construct Pump Station 442 to have greater sewer capacity for the surrounding area, and WHEREAS, in order to accommodate the relocation of the new upgraded Pump Station 442, the City has agreed to convey a parcel of the Buccaneer Park Property ("City Property") to the County, and WHEREAS, in exchange for the City conveying the City Property to the County, the County will convey the County Property to the City at no cost to either Party, and WHEREAS, the Parties acknowledge and agree that the property exchange involves properties of similar size and value, and WHEREAS, the City has requested, and the County has agreed to provide, certain improvements as a condition to the exchange of Properties, and WHEREAS, pursuant to Section 125.37, Florida Statutes, the City desires to convey the City Property to the County in exchange for the County conveying the County Property to the City, and WHEREAS, the County will fund all costs associated with the upgrades, removal and relocation of Pump Station 442 and will own, operate and maintain Pump Station 442 going forward, and WHEREAS, upon completion of the relocation of Pump Station 442 and upon receiving certification from the Miami-Dade County Department of Regulatory and Economic Resources ("RER"), the County will convey the County Property to the City within ninety (90) days from receipt of the RER certification, and WHEREAS, City Staff recommends the City Council approve the Exchange of Property Agreement in substantial form, authorize the Mayor, City Manager and City Attorney to finalize the Agreement, and to execute any and all documents necessary to exchange property with Miami-Dade County, and WHEREAS, in accordance with Section 4.3 of the City of Miami Gardens Charter, an ordinance is required to convey any lands of the City, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 2 of 4 Ordinance No. 2020-003-422 Section 1 . ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. Section 2. AUTHORIZATION: The City Council hereby authorizes the City Manager to finalize and execute that certain Exchange of Property Agreement attached hereto as Exhibit "A." The City Council further authorizes the City Manager, City Attorney and City Clerk to take all steps necessary to effectuate the exchange of the property, including drafting any amendments to the Agreement that may be necessary. Section 3: AUTHORIZATION: The City Council hereby authorizes the Mayor to execute all documents that may be necessary to effectuate the exchange of property referenced in the attached Exchange of Property Agreement. Section 4. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. Section 5. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 8th DAY OF JULY, 2020. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JULY 2, 2020. OLIVER GILBERT III, MAYOR ATTEST: I MARIO bATAILLE, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: CAMERON D. BENSON, CITY MANAGER Page 3 of 4 Ordinance No. 2020-003-422 Moved by: Mayor Gilbert Seconded by: Councilwoman Odom VOTE: 7-0 Mayor Gilbert Yes Vice Mayor/Council Member Harris Yes Council Member Ighodaro Yes Council Member Odom Yes Council Member Leon Yes Council Member Williams Jr. Yes Council Member Wilson Yes Page 4 of 4 Ordinance No. 2020-003-422