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<br />by gift, purchase, or eminent domain in accordance with Chapter 166, ~ 166.401, et seq., <br />Florida Statutes, the Municipal J-Iome Rule Powers Act. and Chapters 73 and 74, Florida <br />Statutes. The City of Sunny Isles Beach shall acquire fee simple title to said property. <br /> <br />Section 3. Finding of Public Purpose and Necessity. The City Commission of the City of <br />Sunny Isle Beach hereby declared that it is necessary to acquire, through eminent domain or <br />negotiated conveyance, fee simple title to the subject parcel, described herein for the <br />development of a public park and public parking facility. The City Commission further declared <br />that acquisition of the subject parcel serves a municipal purpose and is necessary for the <br />expansion of the City's park system and public parking facilities in accordance with the City's <br />Comprehensive Plan. <br /> <br />Section 4. Authority of the City Attorney to Initiate Eminent Domain Proceedings The City <br />Attorney shall first attempt to acquire the subject parcel through negotiations; however, if such <br />negotiations fail within a reasonable time from the enactment of this Resolution, the City <br />Attorney and all others acting on his behalf are authorized to initiate eminent domain proceedings <br />pursuant to Chapters 73, 74, 166 of Florida Statutes. <br /> <br />Section 5. Authority of the City Manager and City Attorney. The City Manager and City <br />Attorney and all others acti ng on their behal f are authorized to contract with real estate <br />appraisers, engineers. title examiners, legal counsel and other expert witnesses and consultants in <br />connection with eminent domain proceedings and to do all things necessary to effectuate this <br />Resolution. <br /> <br />Section 6. Severability. If any section, subsection, clause or portion of this Resolution is, of <br />any reason, held invalid or unconstitutional by any Court of competent jurisdiction, such portion <br />shall be deemed separate, distinct. provision and such holding shall not effect the validity of the <br />remaining portions of this Resolution. <br /> <br />Section 7. <br /> <br />Effective Date. This Resolution shall become effective upon adoption. <br /> <br />PASSED AND ADOPTED this ~day of <br /> <br />Pr PR., L <br /> <br />~xI~ <br /> <br />N7,all S. Edelcup, Mayor <br /> <br />,2009. <br /> <br />ATTEST: <br /> <br />~A~ <br /> <br />Jane A; Hines, CMC, City Clerk <br /> <br />. . <br />I <br /> <br />J':mincIlt 1)()f11;lil1 Rl's()]uticlt1 <br />215-255 Sunny Islcs Bh-d. <br /> <br />Pagl' .> of-1 <br />