HomeMy WebLinkAboutR-87-1009d-87-963
10/30/87
RESOLUTION NO. 87-1009
A RESOLUTION RATIFYING, APPROVING AND
CONFIRMING THE CITY ATTORNEY'S USE OF LEGAL
SERVICES PROVIDED BY THE COUNTY ATTORNEYS
OFFICE IN THE ACQUISITION OF TITLE TO LAND
NEEDED BY THE CITY FROM TIME TO TIME AND, IN
PARTICULAR, THE PROPERTY LOCATED AT 104 N.W.
18T AVENUE NEEDED FOR IMPLEMENTATION OF THE
SOUTHEAST OVERTOWN COMMUNITY REDEVELOPMENT
PLAN, AS AMENDED, WITH THE EXTENT OF SUCH
SERVICES LEFT TO THE JUDGEMENT OF THE CITY
ATTORNEY AND WITH COMPENSATION FOR SUCH
SERVICES BEING AUTHORIZED AND LIMITED TO THE
FOLLOWING AMOUNTS BASED ON THE APPRAISED
VALUE OF PROPERTY BE ACQUIRED: 1%, IF TITLE
IS ACQUIRED BEFORE CONDEMNATION ACTION IS
INSTITUTED; 1 1/2%, IF TITLE IS ACQUIRED
AFTER ACTION IS INSTITUTED AND THROUGHOUT ALL
LITIGATION ACTIVITY AT THE TRIAL COURT LEVEL
BEFORE SETTLEMENT OF THE CONDEMNATION ACTION;
2% IF TITLE IS ACQUIRED AND APPELLATE COURT
PROCEEDINGS ARE NECESSARY BEFORE SETTLEMENT
OF THE CONDEMNATION ACTION.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Attorney's use of legal services
provided by the County Attorney's Office in the acquisition of
title to land needed by the City from time to time and, in
particular, the property located at 104 N.W. 1st Avenue needed
for implementation of the Southeast Overtown Community
Redevelopment Plan, as amended, with the extent of such services
left to the judgment of the City Attorney is hereby ratified,
approved and confirmed with compensation for such services being
hereby authorized and limited to the following amounts based on
the appraised value of property be acquired: 1%, if title is
acquired before oondemnation action is instituted; 1 1/2%, if
title is acquired after action is instituted and throughout all
litigation activity at the trial court level before settlement of
the condemnation action; 2%, if title is acquired and appellate
court proceedings are necessary before settlement of the
condemnation action.
CITY COMMISSION
MEETING OF
nov 19 1987
No.
Seotion 2. This Resolution shall be effeotive upon its -
adoption and its provisions, unless otherwise indioated herein,
shall also beoome operative upon its adoption.
PASSED AND ADOPTED this 19th day of vomhpY , 1987.
XAVIER L. SU Z, MAYOR
ATTEST:
NATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLERK
CHIEF DEPT=Y CITY ATTORNEY
TO FORM AND CORRECTNESS:
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8'7-1009
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORAf-tDUM
Honorable Mayor and Members "A!E October 30, 1987 ""E J-87-963
of they Commission
'.� Condemnation of property to
j" be acquired by the City
Luci A. Doug erty
City Attorney
We have determined that the County Attorney's Office possesses an
extraordinary level of necessary expertise not only in acquiring
parcels of property in the area of Southeast Overtown, but also
in ongoing activity related to condemnation. The volume of
condemnation oases handled by my staff creates a problem at times
in promptly responding to land acquisition requests; accordingly,
I am recommending adoption of the attached resolution which will
enable me, when necessary, to secure the services of the County
Attorney's Office in land acquisition matters in those instances,
such as the one before you, where the City efforts to acquire the
desired property by purchase from the landowners have failed.
LAD/RFC/bss/P461
cc: Cesar H. Odio, City Manager
Matty Hirai, City Clerk
John Gilchrist, Director, Department of Development
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CITY OF MIAMI. FLORIDA
INTEROFFICE MEMORANDUM
TO. Honorable Mayor and Members
of the City Commission
FROM: Lucia A. Dougherty
City Attorney
37
GATE; f'iLE: y "87-9Vt'�
October 30. 1987
SUBJECT:
Condemnation of property to
be acquired by the City
REFERENCES:
ENCLOSURES: (1)
We have determined that the County Attorney's Office possesses an
extraordinary level of necessary expertise not only in acquiring
parcels of property in the area of Southeast Overtown, but also
in ongoing activity related to condemnation. The volume of
condemnation cases handled by my staff creates a problem at times
in promptly responding to land acquisition requests; accordingly,
T am recommending adoption of the attached resolution which will
enable me, when necessary, to secure the services of the County
Attorney's Office in land acquisition matters in those instances,
such as the one before you. where the City efforts to acquire the
desired property by purchase from the landowners have failed.
LAD/RFC/bss/P461
oo: Cesar H. Odic, City Manager
Natty Hirai, City Clerk
John Gilchrist. Director. Department of Development