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Ordinance 93-2890 ORDINANCE NO. 93-2890 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RATIFYING CITY OF MIAMI BEACH RESOLUTION NO. 93-20975 AND MIAMI BEACH REDEVELOPMENT AGENCY RESOLUTION NO. 143-93, RESPECTIVELY, REGARDING ACQUISITION OF THE PROPERTY KNOWN AS THE ST. MORITZ, LOCATED AT 1565 COLLINS AVENUE, MIAMI BEACH, FLORIDA, AND LEGALLY DESCRIBED AS THE NORTH 1/2 OF LOT 8 AND LOTS 9 AND 10 AND LOTS 11 AND 12 AND THE NORTH 1/2 OF LOT 13, BLOCK 56, ALTON BEACH FIRST SUBDIVISION, AS RECORDED IN PLAT BOON 2, AT PAGE 77 , OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, SAID ACQUISITION DECLARED TO BE A PUBLIC NECESSITY IN CONJUNCTION WITH THE PROJECT KNOWN AS THE CITY CENTER/HISTORIC CONVENTION VILLAGE REDEVELOPMENT AND REVITALIZATION AREA, AND FURTHER AUTHORIZING THE ACQUISITION OF THE ST. MORITZ SITE THROUGH THE FILING OF EMINENT DOMAIN PROCEEDINGS INCLUDING A DECLARATION OF TAKING. WHEREAS, the City of Miami Beach is proceeding with its goal of economic stimulation and development by assisting the construction of a major convention quality hotel and issuing a Request for Proposals addressing this need; and WHEREAS, for the purpose of realizing the type of hotel development contemplated by the Request for Proposals, the City must acquire the property known as the St. Moritz Hotel located at 1565 Collins Avenue, Miami Beach, Florida, (St. Moritz site) ; 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 St. Moritz site, to be a Redevelopment Area in which conditions of slum and blight have been demonstrated to exist; and WHEREAS, on November 17 , 1993 , the Mayor and City Commission approved Resolution No. 93-20975, attached as Exhibit "A" , ratifying Resolution No. 143-93 of the Miami Beach Redevelopment Agency, attached as Exhibit "B" , and finding, determining, and declaring the acquisition of the St. Moritz site to be a public necessity and in the best interest of the City, and further authorizing the 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, Section 163 . 375, Florida Statutes, provides, in relevant part, that a municipality or a community redevelopment agency, as provided by ordinance, has the right to acquire by condemnation any interest in real property which it deems necessary for, or in connection with, community redevelopment. 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 City of Miami Beach Resolution No. 93-20975 and Miami Beach Redevelopment Agency Resolution NO. 143-93 , respectively, regarding acquisition of the property known as the St. Moritz site, located at 1565 Collins Avenue. Section 2 . The acquisition of the St. Moritz Site is declared to be a public necessity for, and in connection with, the community redevelopment and related activities of City Center/Historic Convention Village Redevelopment and Revitalization Area project. Section 3 . The Mayor and City Commission herein authorize the acquisition of the St. Moritz Site through the filing of eminent domain proceedings, pursuant to Section 163 . 375, Florida Statutes including a Declaration of Taking. 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 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 December 25, , 1993 . PASSED and ADOPTED this 15th day of D-i'-mber 1993 . 4 AI / P OR ATTEST: C TY CLERK 1st reading 12/1/93 2nd reading 12/15/93 Attachment jm:c:\wp51\data\stmo1124.ord) FORM APPROVED REDEVELOPMENT AGENCY GENERAL COUNSEL By Date 2 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. lc...FYI-93 TO: Mayor Seymour Gelber and DATE: December 15, 1993 Members of the City Commission FROM: Roger M. Carito. City Manager SUBJECT: AN ORDINANCE OF THE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RATIFYING CITY OF MIAMI BEACH RESOLUTION NO. 93-20975 AND MIAMI BEACH REDEVELOPMENT AGENCY RESOLUTION NO. 143-93, RESPEC- TIVELY, REGARDING ACQUISITION OF THE PROPERTY KNOWN AS THE ST. MORITZ, LOCATED AT 1565 COLLINS AVENUE, MIAMI BEACH, FLORIDA, AND LEGALLY DESCRIBED AS THE NORTH 1/2 OF LOT 8 AND LOTS 9 AND 10 AND LOTS 11 AND 12 AND THE NORTH 1/2 OF LOT 13, BLOCK 56, ALTON BEACH FIRST SUBDIVISION, AS RECORDED IN PLAT BOOK 2, AT PAGE 77, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, SAID ACQUISITION DECLARED TO BE A PUBLIC NECESSITY IN CONJUNCTION WITH THE PROJECT KNOWN AS THE CITY CENTER/HISTORIC CONVENTION VILLAGE REDEVELOPMENT AND REVITALIZATION AREA; AND FURTHER AUTHORIZING THE ACQUISITION OF THE ST. MORITZ SITE THROUGH THE FILING OF EMINENT DOMAIN PROCEEDINGS INCLUDING A DECLARA- TION OF TAKING. (SECOND READING) ADMINISTRATION RECOMMENDATION: It is recommended that the City Commission adopt the attached Ordinance authorizing the Redevelopment Agency to acquire the St. Moritz site at 1565 Collins Avenue, by eminent domain proceedings and declaring the public necessity of acquiring the site. BACKGROUND: The City Commission on November 17, 1993, took action by Resolution to acquire the St. Moritz site by eminent domain. Pursuant to Florida Statute 163.375 a Community Redevelopment Agency may acquire real property by condemnation and must declare such intent by ordinance prior to doing so. The City Commission passed the attached Ordinance on the first reading and set a Public Hearing on December 15, 1993, for a second reading of the Ordinance. ANALYSIS: The attached Ordinance,which requires a second reading, must therefore be passed in order to meet State Statutes. CONCLUSION: 1 The City Commission should delegate the acquisition of the St. Moritz site to the Redevelopment Agency. AGENDA ITEM RMC:MSD:svh a DATE 12' S-93 Lr G ▪ O �\ o rn •�+,1 ,:5) CO N N • I M 0re) Q 1 \ CA fEr)d4) • (y, • O Z v (/1 zw o QQi •,.•-•0 -� O •H bA r-11 c Z r-1 4_1 • c H 0 0 • c: m 4) •• 4:4 z a :A 0 • '-1 • • 4) • 1- • ,� • 2 Z bD 01 • • LH •0 0 O ro Z