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
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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
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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.
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Attest : Qt __—
City Clerk
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