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Home My WebLink AboutR-1974-054 I RESOLUTION NO. 54 A RESOLUTION CONFIRMING EARLIER RESOLUTION NO. 27 ADOPTED ON DECEMBER 18 , 1972 ; AND CONFIRMING RESOLUTION NO. 28. 8 ADOPTED ON FEBRUARY 5, 1973; AND RATIFYING, APPROVING AND CONFIRMING TFE CONTENTS OF A LETTER DATED MARCH 8, 1974, FROM CLARKE WALDEN, AS CITY ATTORNEY, TO WOODWARD M. HAMPTON, AS CITY MANAGER, AND WANDA MULLIKIN, AS CITY CLERK-AUDITOR, A COPY OF SAID LETTER BEING ATTACHED HERETO AND MADE A PART THEREOF; AND PROVIDING THAT ALL RESOLUTIONS, OR PARTS OF RESOLUTIONS , IN CONFLICT HERE- WITH BE REPEALED TO THE EXTENT OF SUCH CON- FLICT; AND PROVIDING FOR AN EFFECTIVE DATE i WHEREAS, with respect to the property commonly known as the old bank building, City of Dania adopted resolution no. 27 on December j 18, 1972; and WHEREAS, because of the delays in obtaining the release of a restriction, a further but identical form of resolution was adopted. by City of Dania on February 5 , 1973, providing for a sale of the y old bank building property on March 19 , 1973; and WHEREAS, by letter dated March 8 , 1974, the city attorney has reported that the resolution file of City of Dania does not show the resolution adopted on February 5, 1973; and WHEREAS, by the letter dated March 8, 1974, the city attorney i furnished to the proper city officials a copy of the resolution adopted on February 5, 1973, and assigned the number, 28. 8, to such resolution; and WHEREAS, the city commission wishes to ratify, approve and confirm all previous action taken with respect to the matter and r with respect to the sale of the old bank building property, i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE e CITY OF DANIA, FLORIDA: Section 1. That resolution no. 27 adopted by the city commission i of the City of Dania, Florida, on December 18 , 1972, as same may have � -1- I i i va' t F been modified or amended by the resolution adopted on February 5 , 1973 (to which the no. , 28. 8, has been assigned) all regarding the i sale on March 19, 1973, of the property commonly referred to as the old bank building property are hereby ratified, confirmed and approved. Section 2. That attached hereto and made a part hereof by reference is a copy of a letter dated March 8, 1974, from Clarke Walden, as city attorney, to Woodward M. Hampton, as city manager, and Wanda Mullikin, as city clerk-auditor, explaining the earlier i omission of the city clerk-auditor in actually filing the resolution adopted on February 5 , 1973. The contents of said letter are hereby ratified, approved and confirmed and the city clerk-auditor is authorized and directed to file in her official resolution book a copy of the resolution adopted on February 5, 1973, to which the no. , 28. 8 , has been assigned, which was furnished by Clarke Walden jas an enclosure to said letter dated March 8, 1974. Section 3 . That all resolutions, or parts of resolutions, in conflict herewith be and the same are hereby repealed to the extent of such conflict. i Section 4. That this resolution shall be in force and take ( effect immediately upon its final passage and adoption. i PASSED and ADOPTED on the 18th day of March, 1974 . ]3 M yo�ommissi ner y qAttest: k f i City Clerk-Auditor s I i -2- Y 1 R, WALDEN AND DUBOW AI"1'0RNEYS Al LAW G LARHE WALDEN DANIA, I'LORIDA 33004 ROBERT E. DUBOW March 27, 1974 (Dictated March 25 , 1974) Mrs. Wanda Mullikin City Clerk-Auditor City of Dania Dania, Florida 33004 Re: Our file number M-147 Resolutions Our file number M-578 City of Dania - sale of old bank building property Binder notes of regular meeting of City Commission - March 18 , 1974 i Dear Mrs. Mullikin: Reference is made to item 19. of the minutes of the city commission of March 18 , 1974, regarding my earlier letter dated March 8, 1974, wherein I indicated to the commission that the second resolution (to which I assigned the no. , 28. 8) adopted on February 5 , 1973, had not been filed. At the meeting of March 18 , 1974, the city commission adopted a resolution directing that the second resolution be officially filed. I enclose herewith your copy of the resolution adopted on March 18 , 1974 (to which I have assigned the no. , 54) and I ask that you file same in your official set of resolutions. The enclosed resolution will clear up any questions which may possibly arise in later years (and I doubt that any questions will arise) regarding the sale of the old bank building property. Sincerely yours, .. i i E Clarke Walden t CW/dms Encls. i i I J F7 I ............... 1 'y/LLDEN AND DuDoe' I. •TiO MN f.Y.v ,.2 1.1M CLAn KL WALDCN DANIA,FLnulDA 300al noncnr c.ounow March 8, 1974 (Dictated March 6, 1974) Mr. Woodward M. Hampton li City Manager is City of Dania I Dania, Florida 33004 I Mrs. Wanda Mullikin City Clerk-Auditor City of Dania Dania, Florida 33004 Re: Our file number M-147 ' Resolutions I I Our file number M-578 City of Dania - sale of old I' bank building property L i! Our file number Mf-IoBe f City of Dania - chronological list of ordinances and resolutions ! Binder notes of regular meeting of li City Commission - December 18, 1972 Binder notes of regular meeting of !+ _City Commission - February 5 1973 �i Dear Mr. Hampton and Mrs. Mullikin: { With respect to the sale of any public lands, the charter !` requires the city commission to adopt a resolution declaring the j} ' lands as being no longer needed for public purposes and further 1 declaring the lands to be surplus. Further, according to the charter, the lands may then be I) offered for sale to the Public_ at any time not less than 30 days, I� nor more than 60 days, after the adoption of the resolution. l This letter pertains to the sale of the property commonly !� referred to as the old bank building. r At the meeting of the city commission on December 18, 1972, !� (item 22. on the minutes) a resolution was adopted to sell the old I bank building with the date of sale to be February 5, 1973, (which said date of sale would have been a date not less than 30 days, nor more than 60 days, after the adoption of the resolution) . I!I. As of December 18, 1972, the title was subject to a deed restriction running until 1976 and providing that the Property could Ij be used for public or municipal purposes only. I�. In order to proceed with the sale, it was necessary that I I� present the matter to the Board of Directors of The Dania Ban}: to [[� obtain a consent on the part of the bank to release the restriction. As you may know, the bank had earlier sold the property to the city in 1966, at a rather nominal price on the premise that the city would use the property for Public P purposes for at least ten years. i h Ili 1 � WALD I:N AND DUD O1Y .. Mr. Woodward M. Hampton Mrs. Wanda Mullikin Page Two March 8, 1974 We delayed advertising for the sale on February 5, 1973, until we could make absolutely certain that the bank would give the necessary release. Finally, by letter dated January 31, 1973, the . bank did deliver the release to us and this allowed the city to con- tinue with its plan to sell the property. Unfortunately, by the time we had received the release,- it , was impossible to comply with the resolution adopted on December 18, 1972, (which was resolution number 27) so as to have the sale on February 5, 1973. At the meeting of February 5, 1973, 1 did report the matter to the city commission and suggested the adoption of a new resolu- tion providing for a sale on March 19, 1973. At the meeting of February 5, 1973, the city commission did adopt a new resolution authorizing the sale date of March 19, 1973, (see item 2. under the city attorney's report on the minutes of February 5, 1973) . Gilbert ❑. Berken.was the successful bidder on March 19, 1973, by submitting a bid for $G8,000.00. on behalf of the city, we closed the transaction with Doctor Berken. I In making a review and correlation of our files with those of the city, we note that Mr. Clay does show the first. resolution (reso- lution 27, adopted on December 18, 1972) but that he fails to show the inclusion of the later resolution authorized and adopted on yy February 5, 1973. q I In order that the title to the property may he absolutely 1 clear, one of the enclosures hereto is a copy of the February 5, 1973 resolution to which I have assigned the number, 28.8, i I request that Mrs. Mullikin place resolution 28.8 in. her resolution file. Further, because Mr. Clay is not available at this time to j { sign the resolution, I will 'ask the city commission on March 18, 1974, i to adopt a further resolution confirming resolution 28.8. . Please place the matter on the agenda. For the information for all concerned, I enclose the following: I . (1) Copy of resolution number 27 (the pink copy) _ adopted on December 18, 1972; a - (2) Photocopy of letter dated January 31, 1973, from The Dania Hank (together with a copy of 4 i the enclosure thereto) ; and I E (3) Copy of suggested resolution 28.8. 9 I am taking the liberty of sending a copy of this letter to each commissioner so that he will be informed. Yours very truly, Clarke CW/dms } Encls. I I 1