HomeMy WebLinkAboutR-74-0440FUW:rh
40000105/30/74
RESOLuT IOI NO.
/ 90- +9va
A RESOLUTION REQUESTING THE DE?ARTN= OF
TRANSPORTATION OF THE STATE OF FLORIDA AND
METROPOLITAN DADE COUNTY TO PARTICIPATE :•iITH
THE CITY OF MIAMI IN THE EMINENT DOMAIN PRO-
CEEDING AGAINST ST THE FLORIDA EAST COAST iAILi•lAY
COMPANY TO THE EXTENT NECESSARY FOR THE ACQUIS-
ITION OF THE RIGHT OF WAY NEEDED FOR THE WIDEN-
ING OF BISCAY.TE BOULEVARD FROM A POINT BEGIN-
NING AT N. E. 6T I STREET AND PROCEEDING NORTH-
WARD, PROVIDED THAT THE CITY OF MIAMI IS SUC-
CESSFUL IN ESTABLISHING ITS RIGHT TO ACQUIRE
THE PROPERTY; AND DIRECTING THE CITY ATTORNEY
OF THE CITY OF MiAs4I TO CONTACT THE APPROPRI-
ATE OFFICIALS OF THE DEPARTMENT OF TRANSPORTATION
OF THE STATE OF FLORIDA AND METROPOLITAN DADE
COUNTY TO PRESENT THE ABOVE REQUEST; AND
INSTRUCTING THE CITY CLERK TO FORWARD COPIES
OF THIS RESOLUTION TO THE PROPER OFFICIALS OF
THE STATE OF FLORIDA AND METROPOLITAN DADE
:COUNTY.
WHEREAS, the City of Miami is currently involved in
an eminent domain action against the Florida East Coast Railway
Company seeking to condemn the railroad property immediately
east of Biscayne Boulevard with N. E. 6th Street being the
approximate southern boundary and N. E. 9th Street being the
approximate northern boundary; and
WHEREAS, the Florida East Coast Railway Company has
contested the right of the City of Miami to condemn the above
described property, which matter is currently being litigated
and is now before the Supreme Court of Florida; and
WHEREAS, if the City of Miami is successful in estab-
lishing its right to condemn all of the above described property,
the amount of money to be paid by the City of Miami to the
Florida East Coast Railway Company for the Property will then
be decided in the court action; and
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WHEREAS, it has previously been recommended by the
City of Miami to the Department of Transportation of the State
of Florida that Biscayne Boulevard be widened from a point
beginning at N. E. 6th Street and proceeding northward;
and
WHEREAS, the acquisition of the right of way which
would be involved in such a widening of Biscayne Boulevard
would necessitate the condemnation of a certain portion of the
above described property that the City of Miami is now seeking
to acquire from the Florida East Coast Railway Company; and
WHEREAS, if the Department of Transportation were
able to proceed with plans to acquire the property necessary
for the proposed widening of Biscayne Boulevard from N. E. 6th
Street northward at this time; and
WHEREAS, if such acquisition of the said property
could be accomplished at this time by the Department of
Transportation, it could then pay its proportionate share of
the cost of the acquisition of the above described property for
that portion which would be used by the Department of Transporta-
tion for road widening purposes; and
WHEREAS, the above procedure would result in a
reduction in the amount which the City would have to expend
from the proceeds of its bond issue for the acquisition of the
above described property;
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•
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
Section 1. The Department of Transportation of the
State of Florida and Metropolitan Dade County are hereby re-
quested to participate with the City of Miami in the eminent
domain proceeding against the Florida East Coast Railway Company
to the extent necessary for the acquisition of the right of tray
needed for the widening of Biscayne Boulevard from a point beginning
at N. E. 6th Street and proceeding northward, provided that the
City of Miami is successful in establishing its right to acquire
the property.
Section 2. The City Attorney of the City of Miami
is hereby directed to contact the appropriate officials of the
Department of Transportation of the State of Florida and Metro-
politan Dade County to present the above request.
Section 3. The City Clerk is hereby instructed to
forward copies of this resolution to the proper officials of
the Department of Transportation of the State of Florida and
Metropolitan Dade County.
PASSED AND ADOPTED this 30 day of 1>
1974.
APPROVED AS TO FORm AND CORRECTNESS:
dOhfl S. Lloyd - City Attorrney
"DOCUMENT INDEX
ITEM NO. z "
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CITY COMMISSION
MF.P r,NG OF
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