R06-098
II
1 RESOLUTION NO. ,fo'-of~
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA, AMENDING RESOLUTIONS NO. 05-
5 177 AND 05-207 RESTATING THE PUBLIC NECESSITY OF
6 ACQUIRING PARCELS OF PROPERTY AS MORE PARTICULARLY
7 DESCRIBED ON COMPOSITE EXHIBIT "A" ATTACHED TO
8 RESOLUTION NO. 05-177, AS AMENDED BY RESOLUTION NO. 05-
9 207 FOR THE PURPOSE OF ACQUIRING FEE SIMPLE TITLE,
10 REQUIRED FOR THE ELIMINATION OF BLIGHT AND SLUM AND
II FUTURE CONSTRUCTION OF IMPROVEMENTS TO THE CITY'S
12 ORIGINAL REDEVELOPMENT AREA PURSUANT TO THE HEART
13 OF BOYNTON COMMUNITY REDEVLEOPMENT PLAN WITHIN
14 THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING FOR AN
15 EFFECTIVE DATE.
16
17
18 WHEREAS, on October 18,2005 the City Commission adopted Resolution No. 05-
19 177; and
20 WHEREAS, on December 6, 2005, the City Commission adopted Resolution No. 05-
21 207 which amended the legal description for Parcel No. 127; and
22 WHEREAS, an eminent domain action has been filed to effectuate acquisition of the
23 Parcels; and
24 WHEREAS, defenses have been raised in the eminent domain action which, in an
25 abundance of caution, can be addressed by the restatement of the City Commission's intent to
26 undertake the acquisition of the Parcels by eminent domain in furtherance of redevelopment
27 of slum and blighted property and in accordance with the Heart of Boynton Community
28 Redevelopment Plan heretofore adopted by the City Commission.
29 WHEREAS, it was, at all times material hereto, the intention of the City Commission,
30 to acquire the Parcels in accordance with Chapter 163, Florida Statutes, in addition to
31 Chapters 73 and 74; and
CODING:
Words in sImek tar-eagh type are deletions from existing law;
Words in underlined type are additions.
:\CA \RESO\2damResohob (final)3.doc
II
WHEREAS, the City Commission restates that the acquisition of the real property
ii
2 described in composite Exhibit "A" to Resolution No. 05-177, as amended by Resolution No.
3 05-207 (hereinafter referred to as Exhibit "A") for a public purpose, to wit: the elimination of
4 a blighted and slum property and conversion of the property for community redevelopment
5 pursuant to the City's and the CRA's adopted redevelopment plans, and to add express rather
6 than implied reference to Chapter 163, Florida Statutes.
7 NOW, THEREFORE, BE IT RESOLVED BY CITY COMMISSION OF THE
8 CITY OF BOYNTON BEACH, FLORIDA, THAT:
9 SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
10 as being true and correct and are hereby incorporated herein.
11 SECTION 2. Section 2 of Resolution No. 05-177, as amended by Resolution No. 05-
12 207 is amended as follows:
13 It is necessary, serves a municipal and public purpose, and is in the best interest of the
14 City of Boynton Beach to acquire the propcrties Parcels to eliminate slum and blight and to
15 implement the Heart of Boynton Community Redevelopment Plan.
16 SECTION 3. Section 3 of Resolution No. 05-177, as amended by Resolution No. 05-
17 207 is amended as follows:
18 That the properties described in Composite Exhibit "A" attached hereto be and the same
19 are hereby ratified, confirmed and found to be necessary Klr acquiring the prop0l~icG to eliminate
20 slum and blight and to implement the Heart of Boynton Community Redevelopment Plan. The
21 City of Boynton Beach shall acquire fee simple title to said properties by gift, purchase, or
22 eminent domain as described in Chapter~---Ut4. Florida Statutes and Chapters 73 and 74,
CODING:
Words in strnek thrsligll type are deletions from existing law;
Words in underlined type are additions.
S:\CA \RESO\2damResohob (final)3.doc
2
"
Florida Statutes. That acquisition of said parcels for this project is necessary and serves a public
2 purpose.
3 SECTION 4. This Resolution shall be effective nunc pro tunc as of October 18,
4 2005.
5 PASSED AND ADOPTED this /6oJt, day of May, 2006.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
CITY OF
FLORIDA
BOYNTON BEACH,
._-_.._---~
r-, ......_
,--<.~ -.--
j(~L! L
:t::L ~
CommISSIOner
ATTEST:
J:~~-47
ty Clerk ..
(Corporate Seal)
CODING:
Words in struek tflrSligh type are deletions from existing law;
Words in underlined type are additions.
3
S:\CA \RESO\2damResohob (final)3.doc