Reso 2011-1816 - Laserfiche WebLink

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WHEREAS, the City Commission through the public process of meetings and workshops, has carefully considered the factors relevant to the acquisition of the subject parcel, including the absence of an available alternative site, the costs of the project, environmental mitigation, public safety, including the safe and the provision of an emergency evacuation route, and has requested the allocation of certain funding for acquisition of the submerged land; 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. reference. Recitals. The above recitals are true and correct and are incorporated herein by Section 2. Description of Property. The City Commission of the City of Sunny Isles Beach hereby authorizes the acquisition of the real property legally described in Exhibit "A". by gift, purchase, or eminent domain in accordance with Chapter'166, 9166.401, 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 fee simple title to said property. Section 3. Finding of Public Purpose and Necessity. The City Commission of the City of Sunny Isle Beach hereby declared that it is necessary to acquire, through eminent domain or negotiated conveyance, fee simple title to the subject parcel, described herein for the construction of the Emergency Bridge. The City Commission further declared that acquisition of the subject parcel serves a municipal purpose and is necessary for 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 subject parcel through negotiations; however, if such negotiations fail within a reasonable time from the enactment of this Resolution, the City Attorney and all others acting on his behalf are authorized to initiate eminent domain proceedings pursuant to Chapters 73, 74, 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. Section 6. Severability. If any section, subsection, clause or portion of this Resolution is, of any reason, held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed separate, distinct, provision and such holding shall not effect the validity of the of any part. Submerged Land Eminent Domain Reso FTLDOCS 5852809 1 2