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94-20RESOLUTION NO. 94 -20 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, REQUESTING THE FLORIDA LEGISLATURE TO EXAMINE THE LAW OF EMINENT DOMAIN AND RELIEVE STATE AND LOCAL GOVERNMENT AGENCIES FROM UNNECESSARILY BURDENSOME COSTS OF PROVIDING NECESSARY TRANSPORTATION FACILITIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Legislature has found that it is in the public interest to ensure that necessary facilities and services are provided concurrent with population growth through its enactment of Florida's Growth Management Laws; and WHEREAS, the most ubiquitous service and facility is that of road transportation, which provides for movement of goods and services and facilitates communication and social interaction; and WHEREAS, unduly costly transportation facilities will prevent their construction, leading to congestion and environmental pollution, higher transportation costs, hinderance of communication and interaction, and longer response times to public safety threats, such as the need for hurricane evacuation; and WHEREAS, right -of -way acquisition is an increasingly burdensome cost of transportation facilities; and WHEREAS, increased sophistication in land development programs enables governments to offer just compensation other than in eminent domain proceedings; and WHEREAS, Sections 55.03(1) and 74.061, Florida Statutes, require condemning authorities to pay interest at the rate of 12 percent a year, which rate is substantially greater than current prime market savings or lending rates; now, therefore, RE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Commission hereby requests the Florida Legislature to examine Florida's current eminent domain laws and enact legislative reform that accomplishes the following: (1) Ensures that entities exercising eminent domain powers justly compensate those adversely affected; (2) Ensures that attorney fee awards are commensurate with the effort and results of any final award exceeding that offered in writing by the condemning authority; (3) Establishes interest rates that are consistent with prime market lending rates; 9��0 G (4) Recognizes alternate forms of compensation and also provides for mediation and non - judicial arbitration of claims as options for litigants; and (5) Promotes early identification of right -of -way needs so that timely acquisition programs can be initiated to reduce the effects of inflation. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 17th Attest: Cyn is E. Goudeau Cit Clerk 2 day of February , 1994. h"" Rita Garvey Mayor- Commissioner �V -do