Reso 2014-2218 - Laserfiche WebLink

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WHEREAS, the City Commission has considered, among other things, the costs and other economic and non - economic impacts associated with the acquisition, the City's long range planning goals and objectives, life, health and safety concerns, environmental impacts, and other factors pertinent to the acquisition of the easement; and further finds that acquisition of the Permanent Easement is necessitated by the City's obligation to comply with State law and the City's Comprehensive Plan; and WHEREAS, subject to the limitation set forth in Sections 73.013 and 73.014, Florida Statutes, the City of Sunny Isles Beach is authorized, pursuant to Sections 166.401, and 166.411, Florida Statutes, to exercise the right and power of eminent domain for municipal purpose. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. Section 2. Description of Property. The City Commission of the City of Sunny Isles Beach hereby authorizes the acquisition of an Permanent Easement in the property legally described in Exhibit "A" by gift, voluntary purchase, or eminent domain in accordance with Chapter 166, §166.401, et seq., Florida Statutes, the Municipal Home Rule Powers Act, and Chapters 73 and 74, Florida Statutes. The City of Sunny Isles Beach shall acquire a Permanent Easement in said property. Section 3. Finding of Public Purpose and Necessity. The City Commission of the City of Sunny Isle Beach hereby declares that it is necessary to acquire, through eminent domain or negotiated conveyance, the Permanent Easement described in Exhibit "A ", for the construction and maintenance of the Emergency Bridge. The City Commission further declared that acquisition of the easement serves a municipal purpose and, among other things, is necessary to establish the City's compliance with state law and the City's Comprehensive Plan. Section 4. Authority of the City Attorney to Initiate Eminent Domain Proceedings. The City Attorney shall first attempt to acquire the easement through good faith negotiations and voluntary purchase or other conveyance; however, if such good faith negotiations fail within the time prescribed by Florida law, the City Attorney and all others acting on his behalf are hereby authorized to initiate eminent domain proceedings pursuant to Chapters 73, 74, and 166 of Florida Statutes. Section 5. Authority of the City Manager and City Attorney. The City Manager and City Attorney and all others acting on their behalf are authorized to contract with real estate appraisers, engineers, title examiners, legal counsel and other expert witnesses and consultants in connection with eminent domain proceedings and to do all things necessary to effectuate this Resolution. 2