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HomeMy WebLinkAboutResolutionCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-00124 Final Action Date: 2/26/2004 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING THE ACQUISITION OF THE FEE -SIMPLE INTEREST IN PARCELS 67, 75, 76, AND 77 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 ANY ACTIONS REASONABLY NECESSARY TO ACQUIRE SAID PARCELS THROUGH CONDEMNATION. WHEREAS, the City of Miami ("City") is a municipality organized and existing under the laws of the State of Florida; and WHEREAS, eminent domain, the fundamental power of the sovereign to take private property for a public use, has been delegated by the Florida Legislature to the City and other agencies of government and implemented by legislative enactment; and WHEREAS, the taking of real property designated as Parcels 67,75, 76 and 77, as more particularly described in "Exhibit A," attached and incorporated, is for the purpose of constructing the cultural component of a public park; and WHEREAS, section 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, section 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 citizens thereof; and WHEREAS, the use of the parcels as described in "Exhibit A," attached and incorporated, for the cultural component of the Little Haiti Park is consistent with the Zoning Code and the Comprehensive Plan of the City; 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 City of Miami Page 1 of 3 File Id: 04-00124 (Version: 11 Printed On: 7/9/2024 File Number: 04-00124 park, including location, costs, long range area planning, and current development in the area, and has concluded that the parcel of land described in "Exhibit A" is reasonably necessary for the public purpose of providing a park facility with a cultural component;and WHEREAS, the City Commission is authorized to exercise its power of eminent domain; and WHEREAS, funds are available to acquire this parcel; and WHEREAS, the interest in the parcel of land described in "Exhibit A," to be acquired by the City, is in Fee Simple Title; and WHEREAS, 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, 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 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 described in Exhibit "A" is necessary and serves a public purpose. City of Miami Page 2 of 3 File Id: 04-00124 (Version: 11 Printed On: 7/9/2024 File Number: 04-00124 Section 5. The City has attempted, and will continue to attempt, to acquire the parcel 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 parcel 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 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: 04-00124 (Version: 11 Printed On: 7/9/2024