19-3081 Resolution of Necessity & Initiating Eminent Domain Proceedings

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SECTION 2. Necessity Established. Acquisition of the interests and property described in Exhibit "A" is necessary to accomplish the public purposes set forth herein. SECTION 3. Authorization to Implement Actions. The City Commission authorizes the City Manager, his designee, City officers, agents, employees, contractors and attorneys to acquire the property described in Exhibit "A," and to do all acts and things required of them by this Resolution, or desirable or consistent with the requirements of this Resolution, for the full, punctual, efficient, and complete implementation and performance of all the terms contained herein and authorized by law and shall deliver any and all papers and instruments, and carry out all acts and things necessary or proper for carrying out the transactions contemplated herein. SECTION 4. Authorization for Attorneys. In addition to Section 3, the City Commission hereby authorizes its attorneys to initiate the eminent domain process, negotiate pre - suit settlements, file pleadings, and pursue, to settlement, final judgment and final appeal, eminent domain proceedings to acquire title to the property described herein, and to take any other necessary action, including hiring experts for the City, necessary to initiate and pursue eminent domain proceedings, and any other actions associated with or arising out of such eminent domain or related proceedings. City attorneys are further authorized to accomplish the acquisition of said property by settlement and compromise if same can be effected in accordance with the terms, conditions, and limitations established by the City Commission. SECTION 5. Conflicts. All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION 6. Severability. If any Section or portion of a Section of this Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other Section or part of this Resolution. SECTION 7. Effective Date. This Resolution shall become effective immediately upon its passage and adoption. PASSED and ADOPTED this (( 441 day of FLI + ro , AD 2019. ATTEST: Donna G. Gardner, CMC City Clerk Charlene Glancy Mayor/Commissioner Resolution 19-3081 Page 2