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HomeMy WebLinkAboutResolutionCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-00123 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING THAT THE ACQUISITION OF THE FEE -SIMPLE INTEREST IN CERTAIN REAL PROPERTY THROUGH NEGOTIATED CONVEYANCE OR CONDEMNATION SERVES A PUBLIC PURPOSE AND IS NECESSARY FOR THE CONSTRUCTION OF THE CULTURAL COMPONENT OF THE LITTLE HAITI PARK PROJECT; DIRECTING THE CITY ATTORNEY TO USE ALL RESOURCES AVAILABLE INCLUDING THE RETENTION OF SPECIAL COUNSEL, EXPERT WITNESSES AND CONSULTANTS; FURTHER TO TAKE FURTHER ACTIONS THAT ARE REASONABLY NECESSARY TO PREPARE FOR THE ACQUISITION REAL PROPERTY CONDEMNATION. WHEREAS, the City of Miami ("City") is a municipality organized and existing under the laws of the State of Florida; WHEREAS, eminent domain is the fundamental power of the sovereign to take private property for a public use; 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; WHEREAS, the City has identified certain real property which is necessary for the purpose of constructing the cultural component of a public park; WHEREAS, §166.411(4), Florida Statutes (2003), authorizes the taking of property by a municipality to create public parks, public squares and public grounds; 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; WHEREAS, the use of the property identified in Exhibit "A" hereto (hereinafter "real property") for the cultural component of the Little Haiti Park is consistent with the Zoning Code and the Comprehensive Plan of the City; WHEREAS, the City recognizes a need to provide a park facility with a cultural component for the benefit of the citizens of the City and the citizens of the State of Florida; 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; City of Miami Page 1 of 3 File Id: 04-00123 (Version: 11 Printed On: 7/9/2024 File Number: 04-00123 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 real property is reasonably necessary for the public purpose of providing a park facility with a cultural component; WHEREAS, the real property is 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; WHEREAS, the City Commission is authorized to exercise its power of eminent domain; WHEREAS, funds are available to acquire this parcel; WHEREAS, the interest in the real property to be acquired by the City, is Fee Simple Title; WHEREAS, to accomplish the acquisition of the real property, it is necessary for the City to take various legal actions and employ experts in various fields; 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, 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; 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 be used for the public purpose of providing a public park. Section 3. The real property is found to be necessary for establishment of a public park and for other related municipal purposes. The City shall acquire fee simple title to said property by eminent domain. Section 4. Acquisition of the real property is necessary and serves a public purpose. Section 5. The City has attempted, and will continue to attempt, to acquire the real property through negotiations with the property owner(s). However, the City Attorney, or the City's outside counsel, are authorized and directed to take all steps necessary to place the City in a position so that, when authorized by further Resolution, the City can institute a law suit or lawsuits in the name of the City, and exercise the City's eminent domain powers for the purpose of acquiring the real property, and is further authorized and directed to do all things precedent to the institution of such lawsuit or lawsuits. The City Attorney or outside counsel retained by the City is further authorized to accomplish City of Miami Page 2 of 3 File Id: 04-00123 (Version: 11 Printed On: 7/9/2024 File Number: 04-00123 the acquisition of said parcels by settlement, and compromise to be approved by the City Commission on 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. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} APPROVED AS TO FORM AND CORRECTNESS: ALEJANDRO VILARELLO CITY ATTORNEY Footnotes: {1 } 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 3 of 3 File Id: 04-00123 (Version: 11 Printed On: 7/9/2024