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RESOLUTION N0.~98-
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
DECLARING THE PUBLIC NECESSITY OF ACQUIRING TWO (2)
PARCELS OF PROPERTY, FOR THE PURPOSE OF ESTABLISHING
A WET STORM WATER RETENTION FACILITY TO ADEQUATELY
PROVIDE FOR DRAINAGE WITHIN THE CITY OF BOYNTON
BEACH, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, establishing a storm water drainage facility to provide for adequate
drainage is a matter of great importance and concern to the residents of Boynton Beach;
and
WHEREAS, the Parcels of land designated as Parcels 3 and 4 are required to better
accomplish the public purpose described above and further the general health, safety and
welfare of the citizenry of the City; and
WHEREAS, the area designated as Parcels 3 and 4 have heretofore been located
and surveyed and the property is needed for the contemplated drainage facility designated
as Parcel D, have been identified and descriptions thereof have been prepared, based upon
the survey and location data;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, THAT:
Section 1. It is necessary, serves a City and public purpose, and is in the best
interest of Boynton Beach that a drainage facility be established on the areas designated
as Parcels 3 and 4 to provide for adequate storm water drainage within the City of
Boynton Beach.
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Section 2,. That the properties described in Exhibit "A" attached hereto under
parcel numbers 3 and 4 be and the same are hereby ratified, confirmed and found to be
necessary for the establishment of adequate drainage. The City of Boynton Beach shall
acquire fee simple title to said property by gift, purchase, or eminent domain as described
in Chapter 166, Florida Statutes and Chapters 73 and 74, Florida Statutes. That acquisition
of said parcels for this project is necessary and serves a public purpose.
Section 3. The office of the City Attorney or the City Attorney's designee is
authorized and directed to institute a lawsuit or lawsuits in the name of the City of
Boynton Beach, Florida, and in the exercise of Boynton Beach's power of eminent domain
for the purpose of acquiring the parcels described in Exhibit "A" attached hereto and is
further authorized and directed to do all things necessary to prosecute such lawsuit or
lawsuits to final judgment. In pursuit of such authorization and in direction, the City
Attorney or his assistant or designee, is specifically authorized to sign and file a
Declaration of Taking so that the City may avail itself of the provisions of Chapters 73
and 74, Florida Statutes, and the City Attorney or his assistant is further authorized to
accomplish the acquisition of said parcels by settlement and compromise in those instances
where same can be effected in accordance with the terms, conditions, and limitations
established from time to time by the Boynton Beach City Commission.
Section 4. All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 5.. If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
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application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
Section 6. This Resolution shall become effective immediately upon its passage
and adoption.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, THIS /1~ DAY OF /~t/ , 1998.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Cohmiissioner
ATTEST:
CITY CLERK
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Parcel 3:
Parcel 4:
Exhibit "A"
Lots 67, 68, 69 and 70, The Lawns, as recorded
in PB 9, page 69 of the public records of Palm
Beach County, Florida;
Lots 71 and 72, The Lawns, as recorded in PB 9,
page 69 of the public records of Palm Beach
County, Florida.