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Home My WebLink AboutR-04-0399City of Miami Legislation Resolution: R-04-0399 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-00613 Final Action Date: 6/24/2004 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING THAT THE ACQUISITION OF THE FEE -SIMPLE INTEREST IN PARCELS 67, 75, 76, 77 AND 92 THROUGH NEGOTIATED CONVEYANCE OR CONDEMNATION SERVES A PUBLIC PURPOSE AND IS NECESSARY FOR THE CONSTRUCTION OF THE CULTURAL AND RECREATIONAL COMPONENT OF THE LITTLE HAITI PARK PROJECT; DIRECTING THE CITY ATTORNEY TO USE ALL RESOURCES AVAILABLE IN THE OFFICE OF THE CITY ATTORNEY INCLUDING THE RETENTION OF SPECIAL COUNSEL, EXPERT WITNESSES AND CONSULTANTS; AND TO TAKE FURTHER ACTIONS THAT ARE REASONABLY NECESSARY TO ACQUIRE SAID PARCELS THROUGH CONDEMNATION; AUTHORIZING THE RETENTION OF SPECIAL COUNSEL, TO RENDER LEGAL SERVICES RELATED TO SAID PROPERTY ACQUISITION IN AN AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND DOLLARS ($200,000.00) PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT ACCOUNT CODE NO. 331412.819307.6.270. WHEREAS, the City of Miami ("City") is a municipality organized and existing under the laws of the State of Florida; and WHEREAS, eminent domain is the fundamental power of the sovereign to take private property for a public use; and WHEREAS, the power of eminent domain has been delegated by the Florida Legislature to the City of Miami and other agencies of government and implemented by legislative enactment; and WHEREAS, the taking of real property designated as Parcels 67, 75, 76, 77 and 92, as more particularly described in "Exhibit A" attached hereto, and incorporated herein, is for the purpose of constructing the cultural component of a public park; and WHEREAS, §166.411(4), Florida Statutes (2003), authorizes the taking of property by a municipality to create public parks, public squares and public grounds; and WHEREAS, §166.411(1), Florida Statutes (2003), authorizes the taking of property by a municipality for good reason in connection with the public welfare or the interest of the municipality and the people thereof; and WHEREAS, the use of the parcels as described in "Exhibit A" for the cultural and recreational component of the Little Haiti Park is consistent with the Zoning Code and the Comprehensive Plan of the City; and WHEREAS, the City recognizes a need to provide a park facility with a cultural and recreational City of Miami Page 1 of 3 File Id: 04-00613 (Version: 3) Printed On: 9/16/2016 File Number: 04-00613 Enactment Number: R-04-0399 component for the benefit of the citizens of the City and the citizens of the State of Florida; and WHEREAS, the City has determined there is a need for a park facility, including the cultural component, in the Little Haiti area of the City as a result of increasing population in the City, the diverse cultural makeup of the residents of the City, and the lack of such an existing facility in the area; and WHEREAS, the City has considered many factors in designing the proposed Little Haiti park, including location, costs, long range area planning, and current development in the area, and has concluded that the parcels of land described in Exhibit "A" are reasonably necessary for the public purpose of providing a park facility with a cultural and recreational component; and WHEREAS, the parcels of land described in "Exhibit A" are needed to accomplish the public purpose described herein and to further the general health, safety and welfare of the citizens of the City, and for other public purposes; and WHEREAS, the City Commission is authorized to exercise its power of eminent domain; and WHEREAS, funds are available to acquire these parcels; and WHEREAS, the interest in the parcels of land described in "Exhibit A", to be acquired by the City, is in Fee Simple Title; and WHEREAS, in order to accomplish the acquisition of the real property described in "Exhibit A", it is necessary for the City to take various legal actions and employ experts in various fields; and WHEREAS, the City is desirous of authorizing its City Attorney and those acting at his request to take all steps necessary, including the hiring of appropriate experts for the City to acquire in its own name by donation, purchase or eminent domain proceedings, the real property described in "Exhibit A" in fee simple and to prepare in the name of the City all papers, pleadings and other instruments required for that purpose, and to see that all eminent domain proceedings are prosecuted to judgment; and WHEREAS, all conditions precedent which are necessary to file an eminent domain lawsuit will be completed prior to filing the lawsuit; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. It is necessary, serves a public purpose, and is in the best interest of the citizens of the City, that the real property described in "Exhibit A" be used for the public purpose of providing a public park. Section 3. The real property described in "Exhibit A" is ratified, confirmed and found to be necessary for establishment of a public park and for other related municipal purposes. The City shall City of Miami Page 2 of 3 File Id: 04-00613 (Version: 3) Printed On: 9/16/2016 File Number: 04-00613 Enactment Number: R-04-0399 acquire fee simple title to said property by eminent domain. Section 4. Acquisition of the real property described in "Exhibit A" is necessary and serves a public purpose. Section 5. The City has attempted, and will be continuing to attempt, to acquire the parcels described in "Exhibit A" through negotiations with its property owner(s). However, if such negotiations fail, the City attorney, or the City's outside counsel, are hereby authorized and directed to institute a lawsuit or lawsuits in the name of the City and to exercise the City's eminent domain powers for the purpose of acquiring the parcels described in "Exhibit A", and is further authorized and directed to do all things necessary to prosecute such lawsuit or lawsuits to final judgment and to represent the City in all ancillary and supplemental proceedings associated therewith. In pursuit of such authorization and direction, the City Attorney or outside counsel retained by the City is specifically authorized at his or her discretion to sign and file a Declaration of Taking so that the City may avail itself of the provisions of Chapters 73 and 74, Florida Statutes. The City Attorney or outside counsel retained by the City is further authorized to accomplish the acquisition of said parcels by settlement and compromise, to be approved by the City Commission, in the instances where same can be affected in according to the terms, conditions and limitations as established from time to time by Florida Statutes and the City. Section 6. The City Attorney's engagement of outside counsel, to render the aforementioned legal services concerning the acquisition of properties in the Little Haiti Park Project, is authorized, in an amount not to exceed two hundred thousand dollars ($200,000.00), plus costs as approved by the City Attorney, with funds from Capital Improvements Project Account Code No. 331412.819307.6.270, for said services. Section 7. All resolutions or parts of Resolutions that conflict herewith are repealed to the extent of such conflict. Section 8. If any clause, section, paragraph or other part of this Resolution or its application is held by a court of competent jurisdiction to be ineffective or invalid for any reason, the remainder of this Resolution shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this Resolution would have been adopted despite the invalidity or ineffectiveness of such section, paragraph, clause or provision. Section 9. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} Footnotes: {1} 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: 04-00613 (Version: 3) Printed On: 9/16/2016