97-3090 ORD
ORDINANCE 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 It), 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
CenterIHistoric 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.
on the 26th day of
This ordinance shall take effect ten (10) days after its adoption
July , 1997.
PASSED and ADOPTED this
ATTEST:
PO~~ fCM.~
CITY CLERK
1st reading 7/2/97
2nd reading 7/16/97
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
1l~ (.1t:!~7
F, \ATrO\LEVL\RESOLUTS\CACEMDO .ORD
3
EXHIBIT A
Property 1: 340 23rd Street, Miami Beach, Florida
Legal Description: Lots 5, 7 and 9, Block I, 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
Property 5: 227 & 245 22nd Street, Miami Beach,
Florida
Legal Description: 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
Legal Description: 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
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO. :;2-\ -0"1
Mayor Seymour Gelber and
Members of the City Commission
DATE:
July 16. 1997
Jose Garcia_pedl1sa
City Manager
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
LEGALL Y 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
R5E-
7-1 Co-CJl
DATE
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,kn'jrn
Attachments