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Ordinance 97-3090ORDINANCE NO. 97-3090 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RATIFYING THE CITY OF MIAMI BEACH RESOLUTION ADOPTED ON JULY 2, 1997 AND THE MIAMI BEACH REDEVELOPMENT AGENCY RESOLUTION ADOPTED ON JULY 2, 1997, REGARDING ACQUISITION OF CERTAIN PROPERTIES HAVING STREET ADDRESSES OF 340 23RD STREET, 300 23RD STREET, 313 22ND STREET, 224 23RD STREET, 227 AND 245 22ND STREET, AND 211 22ND STREET, MIAMI BEACH, FLORIDA, EACH BEING LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN; SAID ACQUISITION DEEMED AND DECLARED TO BE NECESSARY IN CONJUNCTION WITH COMMUNITY REDEVELOPMENT AND RELATED ACTIVITIES AND A CITY CENTER/HISTORIC CONVENTION VILLAGE REDEVELOPMENT AND REVITALIZATION AREA CULTURAL CENTER PROJECT; AND SPECIFICALLY APPROVING AND AUTHORIZING THE ACQUISITION OF THE PROPERTY BY THE MIAMI BEACH REDEVELOPMENT AGENCY THROUGH THE FILING OF EMINENT DOMAIN PROCEEDINGS, INCLUDING A DECLARATION OF TAKING, AS NECESSARY; AND PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach (the "City") and the Miami Beach Redevelopment Agency ("RDA") are proceeding with their goal of economic stimulation and development by assisting in the development of a cultural center, consisting of a Metro -Dade Regional Library, the site for the Miami City Ballet facility, a parking garage, and other related facilities (the "Cultural Center") within the City Center/Historic Convention Village Redevelopment and Revitalization Area; and WHEREAS, for the purpose of realizing the Cultural Center project, the RDA must acquire, by purchase, donation or eminent domain, each of the properties (the "Properties") having street addresses of 340 23rd Street ("Property 1"), 300 23rd Street ("Property 2"), 313 22nd Street ("Property 3"), 224 23rd Street ("Property 4"), 227 and 245 22nd Street ("Property 5"), and 211 22nd Street ("Property 6"), Miami Beach, Florida, each being legally described on Exhibit "A" attached hereto and incorporated by reference herein; and WHEREAS, the Mayor and City Commission, by Resolution No. 92-20646, and the Dade County Commission, by Resolution No. R-14-93, declared the area known as the City Center/Historic Convention Village Redevelopment and Revitalization Area, which includes the Property, to be a Redevelopment Area in which conditions of slum and blight have been demonstrated to exist; and WHEREAS, on July 2, 1997, the Mayor and City Commission approved a Resolution (attached hereto as Exhibit "B"), ratifying a Resolution of the RDA (attached hereto as Exhibit "C"), finding, determining, and declaring the acquisition of the Property to be a public necessity and in the best interest of the City, and further authorizing the RDA acquire the Properties by purchase or donation and to institute eminent domain proceedings on the Properties if such should be necessary to acquire fee simple title to same for use in connection with a City Center/Historic Convention Village Redevelopment and Revitalization Area Cultural Center project; and WHEREAS, Section 163.375, Florida Statutes, provides, in relevant part, that a municipality or a community redevelopment agency, with the specific approval of the municipality, has the right to acquire by condemnation any interest in real property which it deems necessary for, or in connection with, community redevelopment and related activities. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. The Mayor and City Commission hereby ratify the City of Miami Beach Resolution adopted on July 2, 1997 and the Miami Beach Redevelopment Agency Resolution adopted on July 2, 1997, regarding acquisition of the property having street addresses of 340 23rd Street, 300 23rd Street, 313 22nd Street, 224 23rd Street, 227 and 245 22nd Street, and 211 22nd Street„ Miami Beach, Florida„ whose legal descriptions are attached hereto as Exhibit "A" and incorporated by reference herein. Section 2. The acquisition of the fee simple title interest, including, but not limited to, any ground lessor's interest, to each of the Properties is deemed and declared to be necessary for, and in connection with, community redevelopment and related activities under Chapter 163, Part III, Florida Statutes and a City Center/Historic Convention Village Redevelopment and Revitalization Area Cultural Center project. Section 3. The Mayor and City Commission hereby specifically approve and authorize the acquisition of the fee simple title interest, and any lesser interests including, but not limited to, any ground lessor's interest, to each of the Properties by the RDA through the filing of eminent domain proceedings, pursuant to Section 163.375, Florida Statutes, including a declaration of taking, as necessary. Section 4. All ordinances, resolutions or parts in conflict herewith be and the same are hereby repealed. Section 5. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then 2 said holding shall in no way affect the validity of the remaining portions of this ordinance. Section 6. This ordinance shall take effect ten (10) days after its adoption on the 26th day of July , 1997. PASSED and ADOPTED this 16th day of / July , 97. / ATTEST: CITY CLERK 1st reading 7/2/97 2nd reading 7/16/97 F:\ATTO\LEVL\RESOLUTS\CACEMDO.ORD 3 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION kip EXHIBIT A Property 1: 340 23rd Street, Miami Beach, Florida Legal Description: Lots 5, 7 and 9, Block 1, Miami Beach Improvement Company Subdivision, as recorded in Plat Book 5, Page 7 of the Public Records of Dade County, Florida Property 2: 300 23rd Street, Miami Beach, Florida Legal Description: Lots 1 and 3, and the northern 25 feet of Lots 2 and 4, Block 1, Miami Beach Improvement Company Subdivision, as recorded in Plat Book 5, Page 7 of the Public Records of Dade County, Florida Property 3: 313 22nd Street, Miami Beach, Florida Legal Description: The southern 100 feet of Lots 2 and 4, Block 1, Miami Beach Improvement Company Subdivision, as recorded in Plat Book 5, Page 7 of the Public Records of Dade County, Florida Property 4: 224 23rd Street, Miami Beach, Florida Legal Description: Lots 7, 9 and 11, less the northern 10 feet for right-of- way, and the northern 25 feet of Lots 10 and 12, Block 2, Miami Beach Improvement Company Subdivision, as recorded in Plat Book 5, Page 7 of the Public Records of Dade County, Florida Legal Description: Legal Description: Property 5: 227 & 245 22nd Street, Miami Beach, Florida The western 80 feet of the southern 100 feet of Lots 10 and 12, less the eastern 15 feet of the northern 35 feet of the western 80 feet of the southern 100 feet of Lots 10 and 12; and Lot 8 and the eastern 20 feet of the southern 100 feet of Lot 10 and the eastern 15 feet of the northern 35 feet of the western 80 feet of the southern 100 feet of Lots 10 and 12, Block 2, Miami Beach Improvement Company Subdivision, as recorded in Plat Book 5, Page 7 of the Public Records of Dade County, Florida Property 6: 211 22nd Street, Miami Beach, Florida Lots 4 and 6, Block 2, Miami Beach Improvement Company Subdivision, as recorded in Plat Book 5, Page 7 of the Public Records of Dade County, Florida CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. 52-1 -9 TO: Mayor Seymour Gelber and Members of the City Commission DATE: July 16, 1997 FROM: Jose Garcia -Pedrosa City Manager SUBJECT: AN ORDINAN OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RATIFYING THE CITY OF MIAMI BEACH RESOLUTION ADOPTED ON JULY 2, 1997 AND THE MIAMI BEACH REDEVELOPMENT AGENCY RESOLUTION ADOPTED ON JULY 2, 1997, REGARDING ACQUISITION OF CERTAIN PROPERTIES HAVING STREET ADDRESSES OF 340 23RD STREET, 300 23RD STREET, 313 22ND STREET, 224 23RD STREET, 227 AND 245 22ND STREET, AND 211 22ND STREET, MIAMI BEACH, FLORIDA, EACH BEING LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN; SAID ACQUISITION DEEMED AND DECLARED TO BE NECESSARY IN CONJUNCTION WITH COMMUNITY REDEVELOPMENT AND RELATED ACTIVITIES AND A CITY CENTER/HISTORIC CONVENTION VILLAGE REDEVELOPMENT AND REVITALIZATION AREA CULTURAL CENTER PROJECT; AND SPECIFICALLY APPROVING AND AUTHORIZING THE ACQUISITION OF THE PROPERTY BY THE MIAMI BEACH REDEVELOPMENT AGENCY THROUGH THE FILING OF EMINENT DOMAIN PROCEEDINGS, INCLUDING A DECLARATION OF TAKING, AS NECESSARY; AND PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. RECOMMENDATION: That the Ordinance be approved on second reading. BACKGROUND: A first reading of this Ordinance, which is required by Florida Statutes, Section 163.375, was held on July 2, 1997. The City of Miami Beach (the City)/Miami Beach Redevelopment Agency (the Agency) is proceeding with its goal of economic stimulation and development in the City Center/Historic Convention Village Area. As part of this effort, a cultural center adjacent to Collins Park AGENDA ITEM 5 E - DATE -7--)(0-97 was approved by Commission action at the meeting of June 18, 1997. This cultural center would include a Metro -Dade regional library, the site for the Miami City Ballet facility, a public parking garage, and other related facilities. In order to accomplish this goal the Agency has determined that the acquisition of the above -referenced properties is necessary in order to assemble a parcel. Further, the Agency finds, determines and declares that the acquisition of the above listed properties is a public necessity and is in the best interest of the City of Miami Beach. ANALYSIS: Appraisals of the six properties were prepared by J. B. Alhale & Associates, Inc. in May, 1997. As recommended at the June 18, 1997 Commission meeting, negotiations with property owners and leaseholders have been initiated. The Administration has been notified by several owners and leaseholders that they have engaged legal counsel to represent them. The Administration will continue to negotiate with the owners and leaseholders. This Ordinance grants approval for the City to initiate eminent domain proceedings in the event that negotiated settlements cannot be reached for the acquisition of all of the properties involved in the project. CONCLUSION: It is recommended that the Ordinance be approved on second reading. JGP : SD : j m Attachments O M 01 -o JJ a) Grn E o G. 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