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HomeMy WebLinkAboutR-21-0178City of Miami ;f Legislation Resolution: R-21-0178 File Number: 8884 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 4/22/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO ACQUIRE REAL PROPERTY LOCATED AT 625 NORTHWEST 16 AVENUE (FOLIO NO. 01-4102-005-5660), MIAMI, FLORIDA AND FURTHER DESCRIBED IN EXHIBIT "A" ("PROPERTY") BY NEGOTIATED ACQUISITION OR BY VIRTUE OF AN EMINENT DOMAIN ACTION FOR THE EXPRESS PUBLIC PURPOSE OF THE ESTABLISHMENT OF PUBLIC PARKING TO SERVE A HIGHLY FREQUENTED AREA WITHIN THE CITY OF MIAMI ("CITY"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO ACQUIRE THE PROPERTY BY NEGOTIATION OR TO COMMENCE ACQUISITION BY CONDEMNATION PROCEEDINGS IN ACCORDANCE WITH FLORIDA LAW; FURTHER AUTHORIZING THE CITY ATTORNEY TO INITIATE AND PURSUE TO SETTLEMENT, FINAL JUDGMENT, AND FINAL APPEAL EMINENT DOMAIN PROCEEDINGS TO ACQUIRE TITLE TO THE PROPERTY AND TO TAKE ANY AND ALL OTHER NECESSARY ACTIONS, INCLUDING HIRING OUTSIDE COUNSEL AND ANY OTHER EXPERTS FOR THE CITY, AS DETERMINED BY THE CITY ATTORNEY AND AS MAY BE NECESSARY TO INITIATE AND PURSUE EMINENT DOMAIN PROCEEDINGS AND RELATED PROCEEDINGS, INCLUDING A DECLARATION OF TAKING AS NECESSARY FOR AND ON BEHALF OF THE CITY; FURTHER AUTHORIZING THE CITY ATTORNEY TO ACCOMPLISH THE ACQUISITION OF SAID PROPERTY BY SETTLEMENT AND COMPROMISE IF THE SAME CAN BE ACCOMPLISHED IN ACCORDANCE WITH THE TERMS, CONDITIONS, AND LIMITATIONS ESTABLISHED HEREIN; FURTHER AUTHORIZING THE CITY MANAGER TO DELEGATE THE AUTHORITY PROVIDED HEREIN TO ACQUIRE THE PROPERTY BY NEGOTIATED ACQUISITION OR BY VIRTUE OF AN EMINENT DOMAIN ACTION TO THE DEPARTMENT OF OFF-STREET PARKING, AS MAY BE DEEMED REASONABLE OR REQUIRED BY THE CITY MANAGER AND THE CITY ATTORNEY. WHEREAS, the City of Miami ("City") wishes to acquire in fee simple the property located at 625 NW 16 Avenue (Folio No. 01-4102-005-5660), Miami, Florida and as further described in Exhibit "A", attached and incorporated ("Property"); and WHEREAS, pursuant to the United States Constitution, the Constitution and Laws of the State of Florida, including Chapter 166, Florida Statutes, and the City's Home Rule Powers, the City is authorized to appropriate land and property within the City for a public purpose, including City of Miami Page 1 of 3 File ID: 8884 (Revision: A) Printed On: 511012021 File ID: 8884 Enactment Number: R-21-0178 for the establishment of public parking, subject to the limitations set forth in Sections 73.013 and 73.014, Florida Statutes; and WHEREAS, Section 23(d) of the Charter of the City of Miami, Florida, as amended, also authorizes the Department of Off -Street Parking ("Miami Parking Authority") to acquire property and exercise the power of eminent domain for off-street parking facilities and properties pertaining thereto; and WHEREAS, the City intends to establish public parking at the Property; and WHEREAS, the City has determined that fee simple acquisition of the Property by the City or by the Miami Parking Authority is necessary to accomplish the public purpose of ensuring adequate regulation of traffic and sufficient public parking is available to serve an area that is growing and is highly frequented by residents and visitors within the City; and WHEREAS, the acquisition by eminent domain is in full compliance with Section 73.014, Florida Statutes, as the Property to be acquired is not being acquired for the purpose of abating or eliminating a public nuisance or for the purpose of preventing or eliminating slum or blighted conditions; and WHEREAS, the City finds that the acquisition of the whole of the Property is necessary to accomplish the public purpose of providing parking for use by the general public, for improving the public welfare, and for other municipal purposes, all as further described in Exhibit "B", attached and incorporated; and WHEREAS, funding for the acquisition is to be allocated from a source to be determined; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The City Commission finds that the acquisition of the Property is necessary, serves a municipal and public purpose, and is in the best interests of the City and the public. Section 3. The City Manager is authorized' to commence acquisition by negotiation or condemnation proceedings to acquire the Property in accordance with Florida law and to do all acts and things required by this Resolution, or desirable or consistent with the requirements of this Resolution, for the full, punctual, efficient, and complete implementation and performance of all the terms contained herein and authorized by law. Section 4. The City Manager is further authorized' to negotiate and execute any and all necessary documents, including amendments and modifications to said documents, all in forms acceptable to the City Attorney, as may be necessary to effectuate said acquisition. Section 5. The City Attorney is authorized' to initiate the eminent domain process, negotiate pre -suit settlements, file pleadings, and pursue to settlement, final judgment, and final ' The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami Page 2 of 3 File ID: 8884 (Revision: A) Printed on: 511012021 File ID: 8884 Enactment Number: R-21-0178 appeal eminent domain proceedings to acquire title to the Property and to take any and all other necessary actions, including hiring outside counsel and any other experts for the City, as determined by the City Attorney and as may be necessary to initiate and pursue eminent domain proceedings and any other actions associated with or arising out of such eminent domain or related proceedings, including a declaration of taking as necessary for and on behalf of the City. The City Attorney is further authorized to accomplish the acquisition of the Property by settlement and compromise if same can be accomplished in accordance with the terms, conditions, and limitations established by this Resolution. Section 6. The City Manager is further authorized' to delegate the authority provided herein to acquire the Property by negotiated acquisition or by virtue of an eminent domain action to the Miami Parking Authority, as may be deemed reasonable or required by the City Manager and the City Attorney. Section 7. Funding for the reasonable costs of acquisition, including without limitation, the cost of appraisals, opinions of title, environmental assessments, experts, outside counsel, and other costs allocable to the acquisition of the subject property by negotiated conveyance or eminent domain is to be allocated from a source to be determined. Section 8. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 i t6ria i ndez, Cify Attor iey 5/312021 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 3 of 3 File ID: 8884 (Revision: A) Printed on: 511012021