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Resolution 5949 RESOLUTION NO. 5949 WHEREAS, on the 5th day of July, 1945, the City Council of the City of Miami Beach, Florida, by resolution duly passed and adopted, authorized and directed the City Attorney to insti- tute the necessary legal proceedings in the name of said City in the exercise of its right of eminent domain for the condemna- tion, for park purposes, of the following described lands, situate, lying and being in Miami Beach, Dade County, Florida, to-wit : Lots 1, 2, 3, 4 and 5 as the same are shown and designated upon the amended Plat of THE INDIAN BEACH CORPORATION'S SUBDIVISION, recorded in Plat Book 8, at page 61, of the Public Records of Dade County, Florida, together with all water privileges and riparian rights appertaining thereto upon the Atlantic Ocean; ALSO, that strip of land lying West of Collins Avenue and adjoining Indian Creek on the East, the Northerly Boundary of which is the Northerly line of said Lot 5 above referred to, extended Westerly to Indian Creek, and the Southerly Boundary line of which is the South- erly line of said Lot 1 above referred to, extended Westerly to Indian Creek, together with riparian rights and water privileges appurtenant and adjacent thereto; together with all common law and statutory riparian rights and submerged lands adjacent and appurtenant to the above described tracts; Lot "A", together with the strip of land lying West of Collins Avenue and extending to the low water mark of Indian Creek between the Northerly line of said Lot and a line 700 feet distant South parallel to said Northerly line produced West to the low water mark of Indian Creek; also together with the strip of land lying East of the Sea-wall between the Northerly and Southerly lines of said lot extended East to the low water mark of the Atlantic Ocean as shown on the amended plat of the Indian Beach Corporation' s Subdi- vision recorded in Plat Book 8, at page 61, of the Public Records of Dade County, Florida; and WHEREAS, pursuant to said resolution the City Attorney did thereafter institute condemnation proceedings for the purpose of acquiring said property; and WEEEAS, in order to provide the funds with which to pay for said property, to be acquired as aforesaid, it was necessary to procure the approval of the qualified freeholders of said City of the issuance of bonds; and -1- WHEREAS, on the 26th day of February, 1946, at an election duly called and held for such purpose there was submitted to the qualified freeholders of said City the following questions: 1. Shall the City of Miami Beach, Florida, issue negotiable coupon bonds in the amount of Six Hundred Thousand ( 600,000.00) Dollars, with interest at a rate hereafter to be deter- mined, not exceeding 30, per annum, for the purpose of acquiring and improving, for park purposes, Lot "A" together with the out-lot West of Collins Avenue and East of Indian Creek lying opposite said tract and together with all riparian rights, in the INDIAN BEACH CORPORATION' S SUBDIVISION, according to amended plat thereof, recorded in Plat Book 8, at page 61, of the Public Records of Dade County, Florida, commonly known as "The Firestone Estate"? 2. Shall the City of Miami Beach, Florida, issue negotiable coupon bonds in the amount of Four Hundred Thousand (:;;400,000.00) Dollars, with interest at a rate here- after to be determined, not exceeding 35 per annum, for the purpose of acquiring and improving, for park purposes, Lots 1, 2, 3, 4 and 5, together with the out-lots West of Collins Avenue and East of Indian Creek lying opposite said tracts and together with all riparian rights, in the INDIAN BEACH CORPORA- TION'S SUBDIVISION, according to amended plat thereof, recorded in Plat Book 8, at page 61, of the Public Records of Dade County, Florida, commonly known as "The Warner Property"? and WHEREAS, even though 3711 freeholders of said City were qualified to vote in said election, the total vote cast at said election on the said questions were as follows : On question No. 1: For the issuance of bonds 306 Against the issuance of bonds 417 Total 723 On question No. 2: For the issuance of bonds 289 Against the issuance of bonds 425 Total 714 and WHEREAS, the percentage of qualified freeholders required by the constitution of the Stwte of Florida to authorize the issuance of bonds did not participate in the election and of those who did participate in said election a majority voted against the issuance of the bonds ; and -2- WHEREAS, it appears to be to the best interest of the City of Miami Beach to dismiss and abandon the condemnation proceedings heretofore instituted as aforesaid, NOW, THER.d FOR- , BE IT RESOLVED by the City Council of the City of Miami Beach, Florida, that the City Attorney be and he is hereby authorized and directed to dismiss and abandon the proceedings heretofore instituted to acquire, by condemnation, the property hereinbefore described. PASSED and ADOPTED this 6th day of March, A. D. 1946. . Vii► Nay Attest : Qt __— City Clerk -3- CON w Sy 4-3 a) 0) C • n"1 to O) 0 Ord ta U' O 4.3 •V P+cd H H S: a) c4 h0 0 0 0 D 04) . O Ut O N 0-4 Q3 r1 r4 Q) 0 Q) 4-)z $.4 O 5ti d3 ri N 0 rd +x-7 +3 L; � 0 0 0 r' Si <44,4000