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<br />RESOLUTION NO. 2005- ~Oq <br />- <br /> <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF <br />SUNNY ISLES BEACH, FLORIDA, TENDERING EIGHT <br />MILLION FIVE HUNDRED THOUSAND DOLLARS ($8.5 <br />MILLION) TO THE SCHOOL BOARD OF MIAMI-DADE <br />COUNTY FOR THE ACQUISITION OF 2.1 ACRES OF LAND <br />LOCATED AT 182 DRIVE AND ATLANTIC BOULEVARD IN <br />THE CITY OF SUNNY ISLES BEACH THROUGH PURCHASE <br />OR CONDEMNATION PROCEEDINGS; PROVIDING FOR THE <br />TERMINATION OF SAID TENDER UNDER CERTAIN <br />CONDITIONS; PROVIDING THE CITY MANAGER AND THE <br />CITY ATTORNEY WITH AUTHORITY TO DO ALL THINGS <br />NECESSARY TO EFFECTUATE THIS RESOLUTION; <br />PROVIDING FOR AN EFFECTIVE DATE. <br /> <br />WHEREAS, the City has experienced extraordinary growth in student population since <br />its incorporation and anticipates such growth will continue over the next several years as a result <br />of changing demographics as well as approved development projects within the boundaries of the <br />City; and <br /> <br />WHEREAS, the City and the Miami-Dade County School Board ("School Board") <br />recognize that overcrowding exists within schools outside boundaries of the City that are <br />currently serving residents of the City of Sunny Isles Beach and will continue unless a school is <br />constructed within the boundaries of the City; and <br /> <br />WHEREAS, the City has identified a prime site (2.1 acres of land located at 182 Drive <br />and Atlantic Boulevard, hereinafter referred to as the "site") for the construction of a kindergarten <br />through eighth grade ("K-8") school adjacent to a City park, which can be used for recreational <br />purposes associated with the school; and <br /> <br />WHEREAS, Section 166.021, Florida Statutes, authorizes the City to exercise any power <br />for municipal purposes, except when expressly prohibited by law; and <br /> <br />WHEREAS, initially the City sought to acquire the prime site through contract sale <br />and/or eminent domain proceedings; and <br /> <br />WHEREAS, there is currently no statutory authority for the City to acquire private <br />property for public schools purposes due to the expiration of the statutory authority that provided <br />local governments with the authority to condemn land for school purposes; and <br /> <br />WHEREAS, Section 1013.24, Florida Statutes, provides the School Board with the <br />exclusive authority to condemn private property for school use; and <br /> <br />School Board Tender Resolution Page 1 of 3 <br />