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:" '.'
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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)
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