HomeMy WebLinkAboutM-75-0339The Honorable Members of
The City Commission
John S. Lloyd
ity,,' Attorn
March 25, 1975
Engagement of Appraiser
FEC
Pursuant to the mandate of this Commission, an appraiser,
J. 1. Wilson, has been secured to appraise the four parcels of
property on the FEC tract that the court has determined the City
has a right to acquire. After considerable difficulty, the
legal descriptions of these properties have been acquired and
forwarded to the appraiser so that he may begin work on the
appraisal.
The Law Department plan is to file a notice of trial
for the purpose of finalizing the condemnation on the four
parcels only. In the event the Supreme Court decision is
favorable and the City is given the right to acquire the remainder
of the property, this can be added later if the trial has not
yet occurred.
To make absolutely certain that the authority of the
City to acquire the four parcels has been given by this Commission'
a resolution to that effect has been prepared and is presented
to this Commission at this time. Reason for this is to avoid anf
question as to the authority given by the Commission to acquire
only these four parcels.
Unless directly ordered by the Commission to file a
declaration of taking we do not plan to do so. The reason is
that if an order of taking is entered, the City, upon putting
the money equal to our appraiser's valuation of the property'
into the registry of the court, gets the title to the land
at that time. Thus, when the final hearing is held and the
final price is determined the City must then have the ability
to pay the difference between our appraised value at the time
of the order of taking and the ultimate value as determined
by the jury plus all attorneys' fees and costs which are assessed.
The Honorable Members of
The City Commission
Page2._
March 25, 19'75
On the other hand, a notice of trial simply places
the matter on the court docket for trial, and after the trial
and a verdict and judgment is entered, if the City is unable to
acquire sufficient funds to pay the judgment it is not under
an obligation to do so. The only obligation to the City then
will be to pay attorneys' fees and costs which are assessed.
JSL/rr
MEA:fh
3/25/75
RESOLUTION NO,.
A RESOLUTION AUTHORIZING AND DIRECTING THE
CITY .ATTORNEY TO PROCEED IN THE TRIAL OF THE
CITY OF MIAMI VS, FLORIDA EAST COAST RAILWAY
COMPANY, CASE NO. 71-17071 IN THE CIRCUIT
COURT or THE ELEVENTH JUDICIAL DISTRICT IN
AND FOR DADE COUNTY, FLORIDA, FOR THE CONDT;MNA-
TION OF THE FOUR PARCELS WHICH THE COURT HttS
AUTHORIZED THE CITY TO TAKE IN ITS ORDER OF
FEBRUARY 1, 1973.
WHEREAS, the City of Miami has found it necessary
to condemn certain properties of the Florida East Coast Railway
Company known as the P & 0 Dock Properties; and
WHEREAS, the court has authorized the City to take
only four parcels; and
WHEREAS, the City has appealed its right to take the
remaining portions of property and the City has waited approxi-
mately eight months for the outcome of the decision from the
Supreme Court of Florida; and
WHEREAS, there is no way of determining when the
Supreme Court of Florida will arrive at its final decision;
and
WHEREAS, the property which the City has been authorized
to take is still necessary for a public purpose, to wit: the
expansion of Bayfront Park;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA;
Section 1. The City Attorney is hereby authorized
and directed to proceed in the trial of the City of Miami
et
341/
Vs, Florida East Coast Railway Company, Case No. 71-17071 in
the Circuit Court of the Eleventh Judicial District in and for
Dade County, Florida, for the condemnation of the four parcels
which the court has authorized the City to take in its Order
of February 1, 1973.
PASSED AND ADOPTED this day. of
1975.
ATTEST:
CITY CLERK
PREPARED AND APPROVED BY:
Michel E. Anderson
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
/4ohn S. Lloyd
C_.
fi r,/
City Attorney
2
MAYOR