Loading...
Ordinance 95-3006 ORDINANCE NO. 95-3006 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REPEALING ORDINANCE NO. 95-2967 WHICH AUTHORIZED THE ACQUISITION BY THE CITY THROUGH THE FILING OF EMINENT DOMAIN PROCEEDINGS OF THE PROPERTY KNOWN AS THE SHORECREST HOTEL, LOCATED AT 1535 COLLINS AVENUE AND DECLARED SAID ACQUISITION TO BE A PUBLIC NECESSITY; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, on December 21, 1994 the Mayor and City Commission approved Resolution No. 94-21432 ratifying Resolution No. 186-94 of the Miami Beach Redevelopment Agency declaring acquisition of the Shorecrest site located at 1535 Collins Avenue to be a public necessity and authorizing the Redevelopment Agency to institute eminent domain proceedings on the aforementioned property to acquire fee simple title to same for use in the City Center/Historic Convention Village Redevelopment and Revitalization Area; and WHEREAS, on January 4 , 1995 the Mayor and City Commission adopted Ordinance No. 95-2967, (Appendix "A" , ) which authorized the acquisition through the filing of eminent domain proceedings of the Shorecrest Hotel, located at 1535 Collins Avenue and declared the acquisition to be a public necessity in conjunction with the s project known as the City Center/Historic Convention Village Redevelopment and Revitalization Area; and WHEREAS, the Mayor and City Commission now find that acquisition of the Shorecrest Hotel at this time is not a public necessity in conjunction with the project and is not in the best interests of the City; and WHEREAS, if the Mayor and City Commission find at a future date that acquisition of the Shorecrest Hotel is a public necessity, they may, at that time, adopt a new ordinance making such finding and authorizing acquisition of the Shorecrest Hotel through the filing of eminent domain proceedings . NOW, THEREFORE, BE IT ORDAINED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 . REPEAL OF ORDINANCE NO. 95-2967 That Ordinance No. 95-2967 attached hereto as Appendix "A" and incorporated herein, which authorized the acquisition by the City through the filing of eminent domain proceedings of the Shorecrest Hotel, located at 1535 Collins Avenue, and declared the acquisition to be a public necessity, is hereby repealed. 2 , ORDINANCE NO• 9..--2± CITYAN ORDINANCE OF THE MAYOR AND CITY COMMISSION I OF THE FLORIDA, RATIFYING IAMI OF RESOLUTION NO.NO. 94-21432 AND MI.9� AMI BEACH BEACH RESO REDEVELOPMENT AGENCY RESOLUTIONHEPROPERTY KNOWN AS THE REGARDING ACQUISITION OF REST BEASHOCH, FLOR HOTEL, LOCATED AT 1535 COLLINS AVAS THE ENUE, 1IZ MI OF BEACH, 'FLORIDA+ AND LEGALLY T OF OTfSE�ND SOUTH 40 FEETOF LOT 4 AND THE SOUTH 40 BLOCK 56, FISHER'S Ft LOT 16 AND THE NORTH 1/2 OF LOT 17, FLORIDA,MI BEACH, SUBDIVISION OF ALTON BEACH,AS CORDED IN PLAT BOOK ACCORDING TO THE PLAT THEREOFELY EAST A; PA2,PAGE , 0 OF THE PUBLIC RECORDS OF DADE AND IMMEDIATELY FLORIDA; THAT PARCEL OF LAND ADJACENT N �REGOING DESCRIPTION FOLLOWS:O OF TRE ABO . AND MORE PANTIONED NTERSECAS -f-Y� ANp �10RE P�+RTICULA�-Y D`SCRIBED AS PROPER WHICH IS THE BEGINNINGTHE AT A POINT LOT 4, BLOCK 56, AS SHOWN ON A PLAT CENTER LINE O T BOOK 2, PAGE 77, OF THE PUBLIC RECORDS AID LOT 4, RECORDED IN PLA EAST LINE • DADE COUNTY, FLORIDA, AND'ALONG THE EAST LINE OF BLOCK 56 BLOCK 56,NRUN NORTHERLY 65.91 A 40 FEETROF LOT 5 OF CE OF FEET TO A POINT; 'THENCE RUN EASTERLY A ALONG THERLY LINE OF THE SOU NORTRE FEET MORE OR BLOCK 56, PRODUCED EASTERLY A DISTANCE NT[C OCEAN; LESS,TO THE MEAN HIGH WATER LINE OF HEAT , THENCE LINEAE SOUTHERLY, MEANDERING THE SAID MEAN E►N HIGH WATER LL'VE A DISTANCE OF 66 FEET, MORE OR LESS BLOCK 56, OT 4, WESTERLY ALONG THE CENTER LINE 60 FEETDlL10RE OR LESS TO PRODUCED EASTERLY A DISTAD CE 10 ACRES, PLUS OR MINUS, SAID ACQUISITION ITOF DECLARED BEGINNING, TO BE A PUBLIC ASC THE CITY CONJUNCTIONSSITY IN WITH THE PROJECT KNOWN CENTER/HISTORIC CONVENTION VILLAGE REV REVITALIZATIONARE AND FURTHER REDEVELOPMENT THE ACQUISIILONOF THE SHORCRSTSTE THROUGH THE FILING EMINENT DOMAIN PROCEEDINGS INCLUDING A DECLARATIONOF OF TAKING, AS NECESSARY. City of Miami Beach is proceeding with its g;slaofecou ng a stimulation WHEREAS, the C y have been received and negotiations are underway: and for and development by assisting the construction of convention quality of Proposals addressing this need to which bidshotel developments contemplated by the WHEREAS,for the purpose of realizing the type of APPENDIX "A" Request for Proposals, the City must acquire the property known as the Shorecrest Hotel located a4 1535 Collins Avenue, Miami Beach, Florida, (Shorecrest site); and the Dade Mayor and City Commission, by Resolution No. 92-20646, and WHEREAS, the eR-14-93,declared the area known as the CiShorecrest rHsite,isto is County Commission,by Resolution No. which includes the Convention Village Redevelopment and Revitalization Area, to h conditions of slum and blight have been demonstrated to exist; be a Redevelopment Area in which and approved Resolution ,REAS,on December 21, 1994, the 1`4aY°rRedSolCity ution Noml86 94 of the Miami Beach WHEREAS,L ratifying hereto as Exhibit "B"), finding, determining, and declaring the Re 9velopm (attached yhereto s hereto A s, rate in n the best interest of the City, and acq Redevelopment Agency (attached necessity and r further of the Shorecrest Agency e to ste a publicistorn the aforementioned Convention Village age to institute eminent domain proceedings on property authorizing fethe simple ert to acquire fee simple title to same for use in the City Cents prop Y Redevelopment and Revitalization Area; and WITEREAS,Section 163.375, Florida Statutes, sides, in relevant part, that a municipality videdpby ordinance, has the right to acquire by or a community redevelopment agency, as P in real property which it deems necessary for, or in connection with, condemnation any interest P • community redevelopment. • NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY CO MISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Resolution tali Se_1On ctI. The Mayor and City Commission hereby �' City of Miami Beach rNo.eg ding1 cqu and Miami Beach Redevelopment Agency Resolution ed . 183- , renpAvenue, regarding awl uisition of the property kno`vn as the Shorecrest site, oc Miami Beach, Florida. public be a necessity for, coon 2. The acquisition of the Shorecrtandite is relatedactivitieshoes of City necessity sits , S_e_ t — and in connection with, the community redevelopmentproject. Convention Village Redevelopment and Revitalization Area p roj of the n 3. The Mayor and City Commission Cerein in authorize the acquisition Section of the Sect.___10- eminent— Shorecrest Site through the pec Decling laration ion of Ta�og,ain as proceedings, Florida Statutes, including Sect_.i°n__4' All ordinances, resolutions or parts in conflict herewith be and the same are hereby repealed. S^ __ion 5. If any section, sentence, clause or phrase of this ordinance islheld to waye iafnvalid tor unconstitutional by any court of competent jurisdiction, then saidholding e u onions of this ordinance. validity of the remaining p 2 • • • Section 6, This ordinance shall take effect ten (10) days after its adoption, on January 14. , 1995• January / PASSED and ADOPTED this 4th day of_ Jar Y1 '95 OR ATTEST: TY CLERK Attachments 1st reading 12/21/94 2nd reading 1/4/95 FORM APP Leg. 1�G << � ,• c , .e NO By i_ ... - . - • Date 3 SECTION 2 . REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3 . SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4 . EFFECTIVE DATE. This Ordinance shall take effect on the 5th day of August , 1995 . PASSED and ADOPTED this 26th day of July , 1995 . ATTEST: 'YOR dL4' ITY CLERK SWS:scf:6.0disk9\emin-dom.ord 1st reading 7/12/95 2nd reading 7/26/95 FORM APPROVED Legal Dept. By T� Date s cis 7— f3"4S 3 OFFICE OF THE CITY ATTORNEY 624 ly elo'coAvni, Ward F L O R 1 D A at IPN ) * LAURENCE FEINGOLD gOQr�j, P O BOX 0 CITY ATTORNEY fi2€, MIAMI BEACH, FLORIDA 33119-2032 TELEPHONE(305)673-7470 TELECOPY (305)673-7002 COMMISSION MEMORANDUM NO. L t -95 DATE: JULY 26, 1995 TO: MAYOR SEYMOUR GELBER MEMBERS OF THE CITY COMMISSION FROM: MURRAY DUBBIN 11 TSD JOSE GARCIA-PEDROSA INTERIM CITY ATTORNEY CITY MANAGER SUBJECT: REPEAL OF ORDINANCE REGARDING AUTHORIZATION TO INSTITUTE EMINENT DOMAIN PROCEEDINGS PERTAINING TO THE SHORECREST HOTEL, 1535 COLLINS AVENUE, MIAMI BEACH Recommendation: The City Attorney and City Manager recommend that the City Commission pass, on second reading, the attached ordinance which repeals Ordinance No. 95-2967, which authorized the City Attorney and City Administration to acquire the Shorecrest Hotel ("Shorecrest"), 1535 Collins Avenue, Miami Beach through eminent domain proceedings. Analysis On December 2, 1994, the City Commission adopted Resolution No. 94-21432, which, among other things, ratified Miami Beach Redevelopment Agency ("RDA") Resolution No. 186-94 which authorized the acquisition of the Shorecrest by purchase, donation or the filing of eminent domain proceedings. On January 4, 1995, the City Commission passed Ordinance No. 95-2967 which, among other things, authorized the acquisition of the Shorecrest through the filing of eminent domain proceedings. These actions were taken in contemplation of the development of an African-American owned hotel on the site of the Shorecrest and Royal Palm Hotels, pursuant to the bid submitted by the HCF Group, Inc. ("HCF") in response to the convention center hotel Request for AGENDA R_ p ITEM 1700 CONVENTION CENTER DRIVE- FOURTH FLOOR - MIAMI E DATE 7 .c - ! Proposals. As the Commission is aware, in a letter dated March 3, 1995, from Peter J, Calin, President of HCF, to City Manager Roger Carlton, HCF informed the City that ITT Sheraton had decided to withdraw from participating in the HCF hotel development and, thus, would not be contributing the proposed $8,000,000 to the project nor would it be operating the hotel. The RDA has given HCF two extensions of time, one for 90 days and another for 30 days, for HCF to come up with a new hotel chain affiliation and additional equity. The deadline for the 120 days is up on July 13, 1995. In connection with progress reports that HCF has given to the RDA pursuant to the resolutions granting extensions of time, HCF has discussed potential hotel developments located on both the Royal Palm and Shorecrest Hotel sites as well as developments located only on the site of the Royal Palm Hotel. Accordingly, it is possible that the HCF • hotel may not be located on the Shorecrest. As discussed above, the factors that were the basis of Ordinance No. 95-2967, authorizing the institution of eminent proceedings regarding the Shorecrest, have changed. It is the recommendation of the hotel negotiating team, the City Attorney and the City Manager that Ordinance No. 95-2967 be repealed by the attached Ordinance. The issue of the repeal of City Resolution No. 94-21432 and RDA Resolution No. 186-94, also pertaining to eminent domain proceedings regarding the Shorecrest, will be raised during the Commission and RDA Meetings of July 26, 1995 in connection with the potential second reading of the attached Ordinance. If acquisition of the Shorecrest is needed in connection with an African-American hotel development in the future, the City and the RDA reserve the right to institute eminent domain proceedings. AIT/pgr Attachment c:\wpwin60\ait\repeal.cm2 2 , ° ^ _ � • . ` ^ ' ° --------.r---~-- ___~_~ `o qm . Lf) o c^ . = n + ' o 4zn C., I-1 1=4 0 . o 0 . _- --- _ ~ tit - -