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RESOLUTION 2009- 005 <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY as follows: <br />SECTION 1. The Board of County Commissioners adopts and ratifies those matters <br />identified and set forth in the foregoing recitals. <br />SECTION 2. Indian River County finds it necessary and in the public interest to acquire <br />the real property described in Composite Exhibit "A", attached hereto and incorporated herein by <br />reference, to provide for the purpose of improving and reconstructing 16`h Street, including <br />Sidewalk Improvements in order to provide for the health, safety and welfare of the growing <br />population of Indian River County. <br />SECTION 3. The County Attorney and outside eminent domain counsel are hereby <br />authorized and directed to immediately proceed to take the necessary steps for Indian River <br />County to acquire in its own name, by donation, purchase or eminent domain proceedings, the <br />real property described in Composite Exhibit "A", in the estate or interest as identified therein; <br />to have prepared in the name of Indian River County, all papers, pleadings, and other instruments <br />required for this purpose; to file a Declaration of Taking upon the filing of any such Eminent <br />Domain action, and to ensure any eminent domain proceedings which may be filed pursuant to <br />Florida Statute Chapters 73, 74, and 127 are prosecuted through Final Judgment. <br />SECTION 4. The Board of County Commissioners of Indian River County, through the <br />power of eminent domain conferred by Chapters 73, 74 and 127, Florida Statutes and all other <br />statutory or common law granting the County the power to institute and proceed to acquire <br />property utilizing the power of eminent domain, further hereby authorizes and directs the County <br />Attorney for Indian River County, outside eminent domain counsel, and any other County <br />employees or agents to take such further actions as are reasonably required to accomplish the <br />purposes identified herein. <br />SECTION 5. This resolution shall take effect immediately upon its adoption. <br />This resolution was moved for adoption by Commissioner O'Bryan <br />and the motion was seconded by Commissioner Solari and, <br />upon being put to a vote, the vote was as follows: <br />Chairman Wesley S. Davis AYE <br />Vice Chairman Joseph E. F]escher AYE <br />Commissioner Peter D. O'Bryan AYF <br />Commissioner Bob Solari AYE <br />Commissioner Gary C. Wheeler AYE <br />2 <br />