HomeMy WebLinkAboutPre-LegislationCity of Miami
Resolution R-21-0177
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 8885 Final Action Date: 4/22/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
AUTHORIZING THE CITY MANAGER TO ACQUIRE REAL PROPERTIES
LOCATED AT 1641 NORTHWEST 5 STREET (FOLIO NO. 01-4102-005-5911),
1649 NORTHWEST 5 STREET (FOLIO NO. 01-4102-005-5920), 1651
NORTHWEST 5 STREET (FOLIO NO. 01-4102-005-5910), 1653 NORTHWEST
5 STREET (FOLIO NO. 01-4102-005-5900), 1644 NORTHWEST 6 STREET
(FOLIO NO. 01-4102-005-5850), 1628 NORTHWEST 6 STREET (FOLIO NO.
01-4102-005-5840), 27 SOUTHWEST SOUTH RIVER DRIVE (FOLIO NO. 01-
0201-010-1020), AND 5 SOUTHWEST SOUTH RIVER DRIVE (FOLIO NO. 01-
0201-010-1070), MIAMI, FLORIDA AND FURTHER DESCRIBED IN EXHIBIT
"A" (COLLECTIVELY, "PROPERTY"), BY NEGOTIATED ACQUISITION OR BY
VIRTUE OF AN EMINENT DOMAIN ACTION FOR THE EXPRESS PUBLIC
PURPOSE OF ESTABLISHING PUBLIC PARKS WITHIN THE CITY OF MIAMI
("CITY"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING
AMENDMENTS AND MODIFICATIONS TO SAID DOCUMENTS, ALL IN
FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY
TO ACQUIRE THE PROPERTY BY NEGOTIATION OR TO COMMENCE
ACQUISITION BY CONDEMNATION PROCEEDINGS IN ACCORDANCE WITH
FLORIDA LAW; FURTHER AUTHORIZING THE CITY ATTORNEY TO INITIATE
AND PURSUE TO SETTLEMENT, FINAL JUDGMENT, AND FINAL APPEAL,
EMINENT DOMAIN PROCEEDINGS TO ACQUIRE TITLE TO THE PROPERTY,
AND TO TAKE ANY AND ALL OTHER NECESSARY ACTIONS, INCLUDING
HIRING OUTSIDE COUNSEL AND ANY OTHER EXPERTS FOR THE CITY, AS
DETERMINED BY THE CITY ATTORNEY AND AS MAY BE NECESSARY TO
INITIATE AND PURSUE EMINENT DOMAIN PROCEEDINGS AND RELATED
PROCEEDINGS, INCLUDING A DECLARATION OF TAKING AS NECESSARY
FOR AND ON BEHALF OF THE CITY, FOR THE PROPERTY; FURTHER
AUTHORIZING THE CITY ATTORNEY TO ACCOMPLISH THE ACQUISITION
OF SAID PROPERTY BY SETTLEMENT AND COMPROMISE IF THE SAME
CAN BE ACCOMPLISHED IN ACCORDANCE WITH THE TERMS,
CONDITIONS, AND LIMITATIONS ESTABLISHED HEREIN.
WHEREAS, the City of Miami ("City") wishes to acquire, in fee simple, the properties
located at 1641 Northwest 5 Street (Folio No. 01-4102-005-5911), 1649 Northwest 5 Street
(Folio No. 01-4102-005-5920), 1651 Northwest 5 Street (Folio No. 01-4102-005-5910), 1653
Northwest 5 Street (Folio No. 01-4102-005-5900), 1644 Northwest 6 Street (Folio No. 01-4102-
005-5850), 1628 Northwest 6 Street (Folio No. 01-4102-005-5840), 27 Southwest South River
Drive (Folio No. 01-0201-010-1020), and 5 Southwest South River Drive (Folio No. 01-0201-
010-1070), Miami, Florida and further described in Exhibit "A", attached and incorporated
(collectively, "Property"); and
City of Miami Page 1 of 3 File ID: 8885 (Revision:) Printed On: 1/10/2025
File ID: 8885 Enactment Number: R-21-0177
WHEREAS, pursuant to the United States Constitution, the Constitution and Laws of the
State of Florida, including Chapter 166, Florida Statutes, and the City's Home Rule Powers, the
City is authorized to appropriate land and property within the City for a public purposes including
for the establishment of public parks, subject to the limitations set forth in Sections 73.013 and
73.014, Florida Statutes; and
WHEREAS, the City has determined that fee simple acquisition of the Property is
necessary to accomplish the public purpose of creating and expanding public park space within
the City and establishing public parks in underserved areas within the City, which will serve the
recreational and cultural needs of the area and enhance the quality of life of the City's residents;
and
WHEREAS, the City is in full compliance with Section 73.014, Florida Statutes, as the
Property to be acquired is not being acquired for the purpose of abating or eliminating a public
nuisance or for the purpose of preventing or eliminating slum or blight; and
WHEREAS, the City intends to combine the contiguous parcels within the Property to
create two (2) public parks; and
WHEREAS, the City finds that the acquisition of the whole of the Property is necessary
to create sufficient park space to accomplish the public purpose of providing recreational park
space for use by the general public, for improving the public welfare, and for other municipal
purposes, as further described in Exhibit "B", attached and incorporated; and
WHEREAS, funding for the acquisition of the Property is to be allocated from a source to
be determined;
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 herein as if fully set forth in this Section.
Section 2. The City Commission finds that the acquisition of the Property as referenced
herein is necessary, serves a municipal and public purpose, and is in the best interests of the
City and the public.
Section 3. The City Manager is authorized' to commence acquisition by negotiation or
condemnation proceedings to acquire the Property in accordance with Florida law and to do any
and all acts and things required of them by this Resolution, or desirable or consistent with the
requirements of this Resolution, for the full, punctual, efficient, and complete implementation
and performance of all the terms contained herein and as authorized by law.
Section 4. The City Manager is further authorized1 to negotiate and execute any and all
necessary documents, including amendments and modifications to said documents, all in forms
acceptable to the City Attorney, as may be necessary to effectuate the acquisition of the
Property.
City of Miami Page 2 of 3 File ID: 8885 (Revision:) Printed on: 1/10/2025
File ID: 8885 Enactment Number: R-21-0177
Section 5. The City Attorney is authorized' to initiate the eminent domain process,
negotiate pre -suit settlements, file pleadings, and pursue to settlement, final judgment, and final
appeal eminent domain proceedings to acquire title to the Property described herein and to take
any and all other necessary actions, including hiring outside counsel and any other experts for
the City, as determined by the City Attorney and as may be necessary to initiate and pursue
eminent domain proceedings and any and all other actions associated with or arising out of
such eminent domain or related proceedings, including a declaration of taking as necessary for
and on behalf of the City.
Section 6. The City Attorney is further authorized to accomplish the acquisition of said
Property by settlement and compromise if the same can be accomplished in accordance with
the terms, conditions, and limitations established by this Resolution.
Section 7. The City Manager shall budget, allocate, and appropriate necessary funds for
the reasonable costs of acquisition, including without limitation, the cost of appraisals, opinions
of title, environmental assessments, experts, outside counsel, and all other costs allocable to
the acquisition of the Property by negotiated conveyance or eminent domain with the allocation
and appropriation to occur by separate Resolution at time of need from legally available funding
sources in accordance with applicable operating and/or capital plan budgets, including
amendments of such applicable budget(s) as necessary.
Section 8. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City ttor ey 4713/2021
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
2 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: 8885 (Revision:) Printed on: 1/10/2025