HomeMy WebLinkAboutReso 2005-809
RESOLUTION NO. 2005- ~Oq
-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, TENDERING EIGHT
MILLION FIVE HUNDRED THOUSAND DOLLARS ($8.5
MILLION) TO THE SCHOOL BOARD OF MIAMI-DADE
COUNTY FOR THE ACQUISITION OF 2.1 ACRES OF LAND
LOCATED AT 182 DRIVE AND ATLANTIC BOULEVARD IN
THE CITY OF SUNNY ISLES BEACH THROUGH PURCHASE
OR CONDEMNATION PROCEEDINGS; PROVIDING FOR THE
TERMINATION OF SAID TENDER UNDER CERTAIN
CONDITIONS; PROVIDING THE CITY MANAGER AND THE
CITY ATTORNEY WITH AUTHORITY TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has experienced extraordinary growth in student population since
its incorporation and anticipates such growth will continue over the next several years as a result
of changing demographics as well as approved development projects within the boundaries of the
City; and
WHEREAS, the City and the Miami-Dade County School Board ("School Board")
recognize that overcrowding exists within schools outside boundaries of the City that are
currently serving residents of the City of Sunny Isles Beach and will continue unless a school is
constructed within the boundaries of the City; and
WHEREAS, the City has identified a prime site (2.1 acres of land located at 182 Drive
and Atlantic Boulevard, hereinafter referred to as the "site") for the construction of a kindergarten
through eighth grade ("K-8") school adjacent to a City park, which can be used for recreational
purposes associated with the school; and
WHEREAS, Section 166.021, Florida Statutes, authorizes the City to exercise any power
for municipal purposes, except when expressly prohibited by law; and
WHEREAS, initially the City sought to acquire the prime site through contract sale
and/or eminent domain proceedings; and
WHEREAS, there is currently no statutory authority for the City to acquire private
property for public schools purposes due to the expiration of the statutory authority that provided
local governments with the authority to condemn land for school purposes; and
WHEREAS, Section 1013.24, Florida Statutes, provides the School Board with the
exclusive authority to condemn private property for school use; and
School Board Tender Resolution Page 1 of 3
"'l
WHEREAS, on or about February 9, 2005, the Attorney General of State of Florida
opined that the School Board could not use its eminent domain powers to obtain a fee simple title
to the site in order to transfer the site to the City; and
WHEREAS, the City wishes to have a public school within its boundaries and has
requested that the School Board use its eminent domain powers to acquire the aforementioned
prime site; and
WHEREAS, the School Board has agreed to use its eminent domain powers to acquire
the site on the condition that the City provide the School Board with a certain amount of funds
for the acquisition of the site; and
WHEREAS, the School Board and its site selection committee have determined that the
site will be used for the construction of a school adjacent to a City park; and
WHEREAS, the School Board has further agreed to use the "quick take" condemnation
process to acquire the site if the site is not able to be acquired through contract sale; and
WHEREAS, the City Commission of the City of Sunny Isles Beach has agreed to tender
to the School Board eight million five hundred thousand dollars ($8.5 million) for the acquisition
of the site through purchase or condemnation proceedings; and
WHEREAS, the City agrees to provide the monetary tender to the School Board upon the
execution of a contract for sale for the site or upon an order of taking being issued for the site;
and
WHEREAS, the City Commission and the School Board have determined that it shall
serve the public interest to work collectively in seeking to construct a public school within the
City of Sunny Isles Beach; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incor:poration of Recitals. The foregoing "Whereas" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution hereof.
Section 2. Approval of Tender. The City Commission hereby approves the tender of eight
million five hundred thousand dollars ($8.5 million) to the School Board for the acquisition of
2.1 acres of land located at 182 Drive and Atlantic Boulevard through purchase and/or
condemnation proceedings.
Section 3. Termination of Tender. The City and the School Board acknowledge and agree
that the City has the right to revoke the aforementioned tender under the following
circumstances: (a) the School Board does not select the site as the site for the k-8 school; (b) the
School Board is not able to acquire the site through purchase and/or condemnation proceedings;
(c) the School Board fails to utilize the "quick take" condemnation process to acquire the site; (d)
the School Board fails to initiate condemnation proceedings to acquire the site within a year from
School Board Tender Resolution Page 2 of 3
"'\
the date of this Resolution; and (e) a court of competent jurisdiction finds the tender to be
improper under Florida law. Notwithstanding the foregoing, the City and the School Board may
avoid the termination of the tender if both parties agree to modify the conditions for termination.
Section 4. Authority of City Manager and City Attorney. The City Manager and the City
Attorney have the authority to do all things necessary to effectuate this Resolution.
Section 5.
Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 14th day of JU~.
orman S. Edelcup, Mayor
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,.:." ATTEST: ' "',
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.; - -... I ~.. ......:
,3L~)V~~
" Jane A. Hine~,;~ity Clerk (j
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APPROVED AS TO FORM
AN C NCY:
Moved by:
c'D mmi SSi 'fIot..,r a ooc:lM4.#1
C D mmi o5s,' 'tier &e %.i f)
Seconded by:
Vote: 5 ..0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
~(Yes)
~(Yes)
l-(Yes)
~(Yes)
~(Yes)
(No)
_(No)
_(No)
_(No)
_(No)
School Board Tender Resolution Page 3 of 3
City Commission
SJNNY 1 s 4 e City of Sunny Isles Beach Norman S Edeleup,,Mayor
Lewis J.Thaler,Vice Mayor
A°„y m 18070 Collins Avenue Rota Retain.Commissioner
k�. 0 Sunny Isles Beach, Florida 33160
Gerry coalman,Commissioner
Danny Iglesias,Commissioner
X305) 947-0606 City Hall
\. fl°/ (305) 949-3113 Fax Christopher J.Russo,Ciry.Manager
s,, °! v (305 947-2150 Building Department Hans Omnot,Cary Attorney
°, sot,
o , cap) 947-5107 Fax Jane A.Hines,Cary Clerk
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Christopher.1. Russo, City Manager Op.„‘
DATE: July 14, 2005
RE: TENDERING $8.5 MILLION TO THE SCHOOL BOARD
RECOMMENDATION
It is recommended that the City Commission adopt the attached resolution tendering $8.5 million
to the School Board to assist in the acquisition of land located at 182 Drive and Atlantic
Boulevard.
REASONS
The City is in need of the above property to house an educational facility for City residents.
Recent statistics show that we have over 1,500 school-age children within our boundary, with the
highest population being in the K-8 grade level. At present, our elementary students are being
taught at three different elementary schools, all of which are out of the City. Acquisition of the
property will provide the space necessary for a new school and allow this school to utilize the
facilities and amenities at the proposed Active Park site. There is currently no statutory authority
for the City to acquire private property for public schools. Section 1013.24, Florida Statutes,
provides the School Board with the exclusive authority to condemn private property for school
use.
ADDITIONAL INFORMATION
The tremendous growth and continuing high level of development within the City has and will
continue to increase the need for educational, recreational, and municipal services; this requires
land that neither the City nor the School District has. Acquisition of the property located at 182nd
Drive and Atlantic Boulevard will allow the City to provide a level of service, consistent with its
development.
Agenda Item 1 0 l5
School ad-S&Million Connlbution For kryws,'an.\gcnAa Memo _ ' 't/' O('
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Date `