19-3081 Resolution of Necessity & Initiating Eminent Domain Proceedings

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RESOLUTION 19-3081 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, DETERMINING THE NECESSITY AND PUBLIC PURPOSE AND AUTHORIZING THE ACQUISITION OF PROPERTY IN CASSELBERRY, FLORIDA BY EMINENT DOMAIN OR THROUGH NEGOTIATION FOR PARK EXPANSION AND PUBLIC PARKING AT AND AROUND LAKE CONCORD, AUTHORIZING ATTORNEYS TO INITIATE EMINENT DOMAIN PROCEEDINGS TO ACQUIRE THE NECESSARY PROPERTY, AND PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, pursuant to its Home Rule Powers and powers set forth in chapters 73 and 74, Florida Statutes, and sections 166.401, 166.411, and 163.370, Florida Statutes, among other sections, the City of Casselberry has authority to acquire by eminent domain the property described in Exhibit "A" for the public purpose of expanding Lake Concord Park and for parking associated with the park, and related construction and maintenance activities; and WHEREAS, the City has surveyed and located the area of construction and intends to construct the project and the City Commission finds that the whole of the property described in Exhibit "A" is necessary to acquire in order to construct the project; and WHEREAS, in undertaking a property purchase for park expansion, the City is in full compliance with section 163.370, Florida Statutes, which prohibits counties and municipalities from exercising the power of eminent domain for the purpose of preventing or eliminating a slum area or blighted area, but which allows counties and municipalities to acquire property by eminent domain within a community redevelopment area, subject to the limitations set forth in ss. 73.013 and 73.014 or other general law; and WHEREAS, the City is also in full compliance with sections 73.013 and 73.014, Florida Statutes, and other general law, as the property to be acquired is not being acquired to eliminate a slum or blighted area, but for purposes of expanding Lake Concord Park and for parking associated with the park. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, AS FOLLOWS: SECTION 1. Public Purpose Established. Fee simple acquisition of the property described in Exhibit "A" is necessary for the purpose of expanding Lake Concord Park and for parking associated with the park, and related construction and maintenance activities.