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HomeMy WebLinkAboutReso 2004-682 RESOLUTION NO. 2004- ~~~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ESTABLISHING NECESSITY TO ACQUIRE PROPERTY LOCATED AT 18080 COLLINS AVENUE, COMMONLY KNOWN AS THE NATIONAL CAR RENTAL SITE, 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 current City Hall is located in a shopping plaza and the City is forced to provide essential services to its residents from a temporary office space; and WHEREAS, until the City recently purchased the property located at 18050 Collins Avenue to build its future City Hall, the City had absolutely no land for municipal operations, storage or facilities; and additional land must be secured in order to meet current and future needs in this rapidly growing city; and WHEREAS, the proposed City Hall will be the central operation center for all municipal departments, including the police department and the public works department; and WHEREAS, the City Commission finds that due to the tremendous growth and the continuing high level of development within this two square mile City and the increased need for municipal services, the City must acquire additional property near the proposed City Hall site 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 18080 Collins Avenue in Sunny Isles Beach and legally described in Exhibit "A" hereto (hereinafter referred to as the "Property"), a site immediately adjacent to the proposed City Hall, is necessary to serve the City Hall under construction and provide for anticipated future growth of municipal programs provided by the City, particularly public works, and cultural and human services; and WHEREAS, the Property is necessary to provide a consolidated site adjacent to the public buildings for the parking, storage and maintenance of municipal vehicles and police vehicles; and WHEREAS, it is necessary for the City to acquire fee simple title to the entire Property; and Reinstatement of Eminent Domain Action for 18080 Collins Ave. 1 HO:jb: rev LMD:ch 6/1/04 -- I :51 PM WHEREAS, the City intends, in good faith, both to use the Property for the purposes stated above and to construct the improvements necessary to accommodate those uses on the Property; and WHEREAS, the owner of the Property has rebuffed attempts 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 has the necessary funds to acquire the Property; and WHEREAS, the City of Sunny Isles Beach has the authority to acquire the Property through eminent domain pursuant to Chapters 73, 74, and Chapter 166, Florida Statutes (2003). 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 18080 Collins Avenue is necessary to provide an adequate space for municipal operations and the provision of an adequate level of service to its current and future residents in light of the explosive growth taking place in this City. 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 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. --:J..'~ PASSED AND ADOPTED this ~ day of ,2004. ~(A.. -'>' > <~ Jane A.~Hines, City Clerk Reinstatement of Eminent Domain Action for 18080 Collins Ave, 2 HO:jb: rev LMD:ch 6/1/04 -- 1 :51 PM Jane A. Hines, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Second by: VI ~ ~()V (~a~wtf\\) ~\~~ 'r=AAL~ Moved by: Vote: '6 --D Mayor Ede1cup Vice Mayor Goodman Commissioner Brezin Commissioner Iglesias Commissioner Thaler 0Yes) 0Yes) l/(Yes) 0.Y es) ---0Y es) _(No) _(No) _(No) _(No) _(No) Reinstatement of Eminent Domain Action for 18080 Collins Ave. 3 HO:jb: rev LMD:ch 6/1/04 -- 1 :05 PM LEGAL DESCRIPTION All of Parcel 1, less the North 150 feet, as measured along the East line thereof, and less the South 499.145 feet as measured along the East line thereof, of the Replat of Tract "A", SUNNY ISLES SHORES, Section "A" according to the Plat thereof recorded in Plat Book 64, at Page 74 of the Public Records of Miami-Dade County, Florida. Exhibit "A"