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HomeMy WebLinkAboutReso 2004-649 RESOLUTION NO. 2004- ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ESTABLISHING NECESSITY TO ACQUIRE IMPROVED PROPERTY LOCATED AT 201 1820d DRIVE, SUNNY ISLES BEACH (FOLIO #31-2211-009-0010), BY CONDEMNATION; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO ACQUIRE THE PROPERTY BY PURCHASE OR CONDEMNATION; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO INITIATE AN EMINENT DOMAIN ACTION AND THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach has experienced tremendous growth since its incorporation in 1997; and WHEREAS, the City is need of additional public facilities in order to provide essential services to its residents; and WHEREAS, the residents in the northern part of the City are underserved due to the lack of public facilities in the area; and WHEREAS, the City Commission finds that due to the tremendous growth and the continuing high level of development within the City and the increased need for municipal service, the City has to acquire additional property in the northern part of the City in order to maintain adequate level of service for its residents now and in the future; and WHEREAS, the acquisition of the parcel located at 201 182nd Drive, in Sunny Isles Beach is necessary to provide for an educational facility for City residents. and for anticipated future growth of municipal programs provided by the City, particularly for the youth and elderly populations; and WHEREAS, the owner of the property has rejected an offer made by the City to acquire the property through a sale; and WHEREAS, the availability of alternate sites, costs, plans, environmental and safety issues have been considered by the City; and WHEREAS, the City will not be able to maintain the level of service that is consistent with its development unless the City acquires the property in question and ownership of the property is vested in the City; and WHEREAS, the City has the necessary funds to acquire the property located at 201 182nd Drive, Sunny Isles Beach; and Condemnation Reso -- 210 182nd Drive Legislation/Resol utionsl ch 1 WHEREAS, the City of Sunny Isles Beach has the authority to acquire the property through eminent domain pursuant to Chapters 73, and 74, Florida Statutes (1999). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Recitals. The recitals stated above are hereby incorporated herein. Section 2. Finding of Necessity. The City Commission finds that the acquisition of the property located at 201 182nd Drive, Sunny Isles Beach is necessary for construction of an educational facility for City residents. for anticipated future growth and to maintain the level of service the City now provides to its residents. Section 3. Authority of the City Manager and the City Attorney. The City Commission hereby provides the City Manager and the City Attorney with the authority to acquire the property located at 201 182nd Drive, Sunny Isles Beach, by purchase or condemnation. Section 4. Authority to Initiate Eminent Domain Action. The City Commission hereby gives the City Manager and the City Attorney the authority to initiate an eminent domain lawsuit if the property owner refuses to sell the property and the authority to do all things necessary to effectuate this Resolution including the ability to hire necessary experts and outside legal counsel. Section 5. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this I~dayof M~ ,2004. ATTEST:" '.' } ! ", ~.J..A',:L .' '. ~tf\.. j<we A.;HineS, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Condemnation Reso -- 210 1 82nd Drive Legislation/Reso I utions/ch 2 Vote: 5.-- 0 Mayor Edelcup Vice Mayor Goodman Commissioner Brezin Commissioner Iglesias Commissioner Thaler Condemnation Reso -- 210 182nd Drive Legislation/Reso1utionslch Moved by: c1.~ It+lC\L~~ Second by: Co~ I.CoLf.~1 ~ ViY es) ~Yes) !2fy es) '~O;es) ---.0Y es) _(No) _(No) _(No) _(No) _(No) 3