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<br />WHEREAS, the City intends, in good faith, both to use the Property for the purposes <br />stated above and to construct the improvements necessary to accommodate those uses on the <br />Property; and <br /> <br />WHEREAS, the owner of the Property has rebuffed attempts made by the City to <br />acquire the Property through a sale; and <br /> <br />WHEREAS, the availability of alternate sites, costs, plans, environmental and safety <br />issues have been considered by the City; and <br /> <br />WHEREAS, the City has the necessary funds to acquire the Property; and <br /> <br />WHEREAS, the City of Sunny Isles Beach has the authority to acquire the Property <br />through eminent domain pursuant to Chapters 73, 74, and Chapter 166, Florida Statutes (2003). <br /> <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section 1. <br /> <br />Recitals. The recitals stated above are hereby incorporated herein. <br /> <br />Section 2. Finding of Necessity. The City Commission finds that the acquisition of the <br />Property located at 18080 Collins Avenue is necessary to provide an adequate space for <br />municipal operations and the provision of an adequate level of service to its current and future <br />residents in light of the explosive growth taking place in this City. <br /> <br />Section 3. Authority of the City Manager and the City Attorney. The City Commission <br />hereby provides the City Manager and the City Attorney with the authority to acquire the <br />Property by purchase or condemnation. <br /> <br />Section 4. Authority to Initiate Eminent Domain Action. The City Commission hereby gives <br />the City Manager and the City Attorney the authority to initiate an eminent domain lawsuit if the <br />Property owner refuses to sell the Property and the authority to do all things necessary to <br />effectuate this Resolution including the ability to hire necessary experts and outside legal <br />counsel. <br /> <br />Section 5. <br /> <br />Effective Date. This Resolution shall become effective upon adoption. <br /> <br />--:J..'~ <br />PASSED AND ADOPTED this ~ day of <br /> <br /> <br />,2004. <br /> <br />~(A.. <br />-'>' > <~ <br /> <br />Jane A.~Hines, City Clerk <br /> <br />Reinstatement of Eminent Domain Action for 18080 Collins Ave, 2 <br />HO:jb: rev LMD:ch <br />6/1/04 -- 1 :51 PM <br />