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:
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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
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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
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Ordinance No. 2020-003-422