HomeMy WebLinkAboutR-04-0641City of Miami
Legislation
Resolution: R-04-0641
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-01051 Final Action Date: 9/23/2004
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
FINDING THAT ACQUISITION OF PRIVATE PROPERTY, AS DESCRIBED IN
"EXHIBIT A," ATTACHED AND INCORPORATED, THROUGH NEGOTIATED
CONVEYANCE OR EMINENT DOMAIN, SERVES A PUBLIC PURPOSE AND IS
NECESSARY FOR THE CREATION OF PARK LAND AND THE CONSTRUCTION
OF PUBLIC FACILITIES IN THE LITTLE HAITI COMMUNITY; AUTHORIZING THE
CITY ATTORNEY TO INITIATE EMINENT DOMAIN PROCEEDINGS PURSUANT TO
THE PROVISIONS STATED HEREIN; AUTHORIZING THE OFFICES OF THE CITY
ATTORNEY AND CITY MANAGER TO RETAIN EXPERT WITNESSES AND
CONSULTANTS AND TAKE FURTHER ACTIONS THAT ARE REASONABLY
REQUIRED TO ACQUIRE SAID PROPERTY.
WHEREAS, the City Commission desires to preserve the cultural makeup and enhance the
residential character of the Little Haiti community, located in the north central section of the City of
Miami ("City"), by creating additional park land and constructing public facilities to serve the
community; and
WHEREAS, the City Commission has established a working group, conducted public meetings
and workshops, and reviewed recommendations from citizens regarding the Little Haiti community's
need for additional park land and public facilities; and
WHEREAS, the City Commission has considered the recreational and cultural needs of residents
in the Little Haiti community and has evaluated the expected benefits of additional park land and
public facilities to the community; and
WHEREAS, the City Commission has reviewed a park land assessment study and an open space
evaluation report for the Little Haiti community and has determined that the community's existing park
land is deficient in acreage and recreational and cultural activities; and
WHEREAS, the City Commission has located suitable areas to create park land and construct
public facilities, acquired and assembled numerous contiguous parcels, and approved contracts with
land planners, architects, and other professionals to plan and design proposed improvements for
recreational and cultural activities; and
WHEREAS, the City Commission has identified privately owned property, described in "Exhibit A,"
attached and incorporated, that is immediately adjacent to other City -owned property upon which the
City plans to create park land and construct public facilities; and
WHEREAS, the City Commission finds that acquisition of fee simple title to the property described
herein serves a public purpose and is necessary to feasibly create park land and construct public
facilities to serve the recreational and cultural needs of the Little Haiti community; and
City of Miami
Page 1 of 2 File Id: 04-01051 (Version: 1) Printed On: 9/30/2016
File Number: 04-01051 Enactment Number: R-04-0641
WHEREAS, the City Commission has considered costs, long-range area planning, safety,
environmental impacts, and all other factors relevant to acquisition; and
WHEREAS, the City Commission finds that it is necessary to take legal action and employ legal
counsel, real estate appraisers, and other experts to accomplish such acquisition; and
WHEREAS, pursuant to Resolution No. 04-0399, adopted June 24, 2004, the retention of special
counsel to render legal services in an amount not to exceed $200,000, was authorized; and
WHEREAS, the City Commission is authorized by Sections 166.401 and 166.411, Florida
Statutes, to exercise the right and power of eminent domain;
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 as if fully set forth in this Section.
Section 2. It is found that the acquisition of private property, as described in "Exhibit A," attached
and incorporated, through negotiated conveyance or eminent domain, serves a public purpose and is
necessary for the creation of park land and the construction of public facilities in the Little Haiti
community.
Section 3. The City Attorney is authorized{1 } to initiate eminent domain proceedings pursuant to
Florida Statute Chapters 73, 74, and 166 and to file petitions, pleadings, affidavits, declarations of
taking, and any other documents authorized by Florida Statute or rule of court to accomplish said
acquisition
Section 4. The City Attorney and City Manager are authorized{2} to retain expert witnesses and
consultants, and to take further actions that are reasonably required to acquire said property.
Section 5. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{3}
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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 2 of 2 File Id: 04-01051 (Version: 1) Printed On: 9/30/2016