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HomeMy WebLinkAbout03-022RESOLUTION NO. 03-22 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, DECLARING THAT THE PUBLIC ACQUISITION OF REAL PROPERTY FOR THE IMPLEMENTATION OF THE PORT OF FORT PIERCE MASTER PLAN AND FOR THE IMPROVEMENT OF THE PORT OF FORT PIERCE AND FORT PIERCE HARBOR IS FOR A PUBLIC PURPOSE; DELINEATING THE BOUNDARIES OF THE PORT OF FORT PIERCE TO BE CONSIDERED FOR PUBLIC ACQUISITION FOR SUCH PURPOSE; AUTHORIZING THE ACQUISITION OF REAL PROPERTY BY DONATION, PURCHASE, EXCHANGE OR EMINENT DOMAIN WITHIN THE DELINEATED PORT OF FORT PIERCE BOUNDARIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, by numerous Special Acts, the Legislature of the State of Florida (the "Legislature") has repeatedly found and determined that the acquisition, construction, maintenance and improvement of commercial facilities at Fort Pierce Harbor is essential to the economic welfare of the inhabitants of St. Lucie Cotmty; will promote the economic, commercial, industrial and residential development of St. Lucie County; will accomplish an essential public function; is necessary for the use of shipping and other transportation; is necessary for the extension of the commerce of the State of Florida and of St. Lucie County; and, is necessary for the health, convenience, comfort and welfare of St. Lucie County and its inhabitants; and, WHEREAS, in 1923, the Legislature created a Special Taxing District in St. Lucie County known as the Fort Pierce Inlet District, which has been succeeded over the years by the Fort Pierce Port District (1929), the Fort Pierce Inlet District (1943), the Fort Pierce Port Authority (1947), the Ft. Pierce Port and Airport Authority (1961) and the St. Lucie County Port and Airport Authority (1988) (the "Port Authority"); and, WHEREAS, by numerous Special Acts, the Legislature has repeatedly delegated to the Port Authority and to its predecessors over the years the power of eminent domain to acquire all property determined, in the discretion of the Port Authority, its predecessors or its successor, to be necessary for the construction, maintenance and improvement of commercial facilities at Fort Pierce Harbor or to otherwise assist in serving commeme using Fort Pierce Harbor; and, WHEREAS, in 1995, in a cooperative arrangement between the Port Authority, St. Lucie County and the United States of America, the Fort Pierce Harbor entrance, channel and turning basin were dredged to a depth of 28 feet at great public expense to facilitate the development of the Port of Fort Pieme and Fort Pierce Harbor; and, WHEREAS, in 1998, by Special Act of the Legislature, St. Lucie County, a political subdivision of the State of Florida (the "County"), succeeded the Port Authority, assumed the powers of the Port Authority and was charged with accomplishing the purposes for which the Port Authority and its predecessors had been created; and, WHEREAS, with extensive public input, the Port Authority and the County, each in its turn, have studied and planned for the development of the Port of Fort Pieme and the construction, maintenance and improvement of commemial facilities at Fort Pierce Harbor, and have identified privately owned properties to be considered for potential public acquisition; and, WHEREAS, such study and planning has resulted in the Port of Fort Pierce Master Plan, adopted on November 12, 2002, by the Board of County Commissioners of St. Lucie County (the "Board") by Ordinance No. 02-014 as an amendment to the County's Comprehensive Plan and determined by the Department of Community Affairs of the State of Florida to be in compliance with State law as of January 15, 2003; and, WItE~.~2AS, notwithstanding all of the foregoing, there remains within the Port of Fort Pierce study area significant real property in private ownership that has remained throughout the years predominantly vacant and unproductive land, constituting an impediment to the construction, maintenance and improvement of commercial facilities at Fort Pierce Harbor; and, WltEREAS, the County has been further delegated the power of eminent domain by virtue of Sections 127.01, 159.03 (4) and 315.03, Florida Statutes, to acquire, construct, operate, maintain and improve projects and port facilities such as those contemplated by the Port of Fort Pierce Master Plan for the Port of Fort Pierce and Fort Pierce Harbor; and, WHEREAS, by Resolution No. 02-138, the Board has authorized the issuance of Port Revenue Bonds to fund the public acquisition real property within the Port of Fort Pierce, which action of the County was determined to be for a public purpose and was approved by Final Judgment rendered by the Circuit Court, 19th Judicial Circuit, in and for St. Lucie County, in case no. 02-CA- 000735(OC), on July 22, 2002, and the time for taking any appeal therefrom has expired without any appeal having been taken; and, WItEREAS, the Board of County Commissioners of St. Lucie County, Florida, desires to delineate within the Port of Fort Pierce study area the boundaries within which the County's acquisition of real property by donation, purchase, exchange or eminent domain would be appropriately considered; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, THAT: Section 1: The above recitals are true, correct, ratified and hereby adopted by this reference. Section 2: The Board of County Commissioners of St. Lucie County, Florida, hereby determines that the County's ownership and control of some or all of the real property within the project boundaries depicted in the attached Exhibit "A" would be consistent with the implementation of the Port of Fort Pierce Master Plan; would further the public purpose of improving the Port of Fort Pierce and Fort Pierce Harbor; is essential to the economic welfare of the inhabitants of St. Lucie County; will promote the economic, commercial, industrial and residential development of St. Lucie County; will accomplish an essential public function; is necessary for the use of shipping and other transportation; is necessary for the extension of the commerce of the State of Florida and of St. Lucie County; and, is necessary for the health, convenience, comfort and welfare of St. Lucie County and its inhabitants; Section 3: The Board of County Commissioners of St. Lucie County, Florida, hereby authorizes the acquisition of real property within the project boundaries described in the attached Exhibit "A" by donation, purchase, exchange or eminent domain. Section 4: The County Attorney and County Administrator are authorized and directed to employ one or more planners, engineers, real estate appraisers and such other experts as they determine to be appropriate for the purpose of making recommendations to this Board regarding specific properties and specific estates in those properties as depicted in the attached Exhibit "A" that would be necessary for acquisition by the County in order to accomplish the public purposes set forth above in this resolution. Section 5: The County Attorney and County Administrator are directed to report back to this Board within sixty (60) days with recommendations regarding specific properties and specific estates in those properties as depicted in the attached Exhibit "A" that would be necessary for acquisition by the County in order to accomplish the public purposes set forth above in this resolution. Section 6: The County Attorney and County Administrator are hereby authorized and directed to take such further actions as are reasonably required to fully accomplish the purposes herein directed. Section 7: This resolution shall take effect immediately upon passage. After motion and second the vote on this resolution was as follows: Chairman Cliff Barnes AYE Vice-Chairman Paula A. Lewis AYE Commissioner Frannie Hutchinson NAY Commissioner Doug Coward AYE Commissioner John D. Bruhn AYE PASSED AND ADOPTED THIS 18th DAY OF FEBRUARY, 20~3, at ST. LUCIE COUNTY, FLORIDA. ATTEST: BOARD OF COUNTY COM~JSSIONERS sY: CHAIRMAN APPROVED AS TO LEGAL FORM AND Y ,/