R06-099
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1 RESOLUTION NO. Ob-Oqq
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE ITY OF
4 BOYNTON BEACH, FLORIDA, AMENDING RESOLUTI NO. 06-
5 057 RESTATING THE PUBLIC NECESSITY OF ACQU ING THE
6 COMMERCIAL CONDOMINIUM UNITS DESIGNATE AS SUITES
7 101, 102, 104 and 209 WITHIN THE FIRST FINANCI PLAZA FOR
8 THE PURPOSE OF ACQUIRING FEE SIMPLE, RE IRED FOR THE
9 ELIMINATION OF BLIGHT AND SLUM AND FUTURE
10 CONSTRUCTION OF IMPROVEMENTS TO TH CITY'S ORIGINAL
11 REDEVELOPMENT AREA AND FOR VEHICULAR AND
12 PEDESTRIAN ACCESS AND PUBLIC PAR G WITHIN THE CITY
13 OF BOYNTON BEACH, FLORIDA; PROVIDING FOR AN
14 EFFECTIVE DATE.
15
16 WHEREAS, the City Commission adopt Resolution No. 06-057 on April 4, 2006
17 (the "Resolution"); and
18 WHEREAS, it was, at all times m erial hereto, the intention of the City Commission
19 to acquire properties in accordance wi Chapter 163, Florida Statutes in addition to Chapters
20 73 and 74, Florida Statutes; and
21 \VHEREAS, the City ommission restates that the acquisition of the real property
22 described herein as Exhib. "A" is for a public purpose with express, rather than implied
23 reference to Chapter 16 , Florida Statutes.
24 EJ;'ORE, BE IT RESOLVED BY CITY COMMISSION OF THE
25 TON BEACH, FLORIDA, THAT:
26 SEe ION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
27 as bein rue and correct and are hereby incorporated herein. All exhibits attached hereto are
28 y incorporated herein.
29 SECTION 2. Section 3 of Resolution No. 06-057 is amended as follows: That the
properties described in composite Exhibit "A" attached hereto as commercial condominium
CODING:
Words in struck through type are deletions from existing law; ~
Words in underlined type are additions.
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XII. - LEGAL
ITEM D.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested Cit:. ('1'1;1"nss:",: Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Tumed
Me~lli:gJ~'L> IIU\L('ity Clerk's Offic~ Meeting Dates IILtO Ci!y_Clerk's OJ!l<:s:
D April 4, 2006 I\larch 20, 2006 (Noon.) D June 6, 200() '\1ay 15, 2006 (Noon)
D Apnl 18,2006 Apnl J. 2006 (Noon) D June 20, 200(, June 5. 2006 (Noon)
D May 2, 2006 April 17,2006 (Noon) D July 5, 2006 June 19,2006 (Noon)
~ May 16,2006 May I, 2006 (Noon) D July 18, 2006 July 3, 200(, (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM D Public Hearing ~ Legal
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDA TION: Adopt Resolution restating the public purpose which underlies the acquisition of parcels in the
City's redevelopment area pursuant to the Community Redevelopment Plan, as amended and for vehicular and pedestrian
access and public parking.
EXPLANATION: The City Commission previously adopted an intent Resolution authorizing acquisition of property in
furtherance of the City and the CRA'S Community Redevelopment Plan.
PROGRAM IMPACT: None
FISCAL IMP ACT: None
ALTERNATIVES: None
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City Manager's Signature
Department Head's Signature
-~<~.'..:
--~._.
Departrncnc ".JI11C
City Attorney / Financc / Human Resources
S:\I3UIIEn\l'J-ORMS .\(; i it, Di\ if )\1 REQUEST FORM. DOC
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units dcsignatcd as suites I OJ, 102, 104 and 209 and the same are hereby ra . lcd, confirmed
2 and found to be necessary for acquiring the fee simple estate to eliminat
3 for the future improvements to the City's original redevelopment ea and for vehicular and
shall acquire fee simple title
4 pedestrian acccss and public parking. The City of Boynton Be
5 to said parcels by gift, purchase, or eminent domain as scribed in Chapters 163 aA-Ei--+46,
6 Florida Statutes, and Chapters 73 and 74, Florida Sta tes. That acquisition of said parcels for
7 this project are necessary and serve a public pu
8 SECTION 3. This Resolution shall e effective nunc pro tunc as of April 4, 2006.
9 PASSED AND ADOPTED thi ~ day of May, 2006.
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CITY OF BOYNTON BEACH,
FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
C:ODlNG: Words in struck through type are deletions from existing law; ~
I. . Words in underlined type are additions. A \~o~ .
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3 EXHIBIT A
4 LEGAL DESCRIPTIONS OF UNITS
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6 Unit 101, FIRST FINANCIAL PLAZA, according to the Declaration of Condominium
7 thereof, recorded in O.R.B. 3239, Page 714, and all exhibits and amendments
8 thereof, Public Records of Palm Beach County, Florida, together with an undivided
9 interest in any appurtenant common elements, as provided for in said Declaration of
10 Condominium.
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13 Unit 102, FIRST FINANCIAL PLAZA, according to the Declaration of Condominium
14 thereof, recorded in O.R.B. 3239, Page 714, and all exhibits and amendments
15 thereof, Public Records of Palm Beach County, Florida, together with an undivided
16 interest in any appurtenant common elements, as provided for in said Declaration of
] 7 Condominium.
18
19
20 Unit 104, FIRST FINANCIAL PLAZA, together with parking spaces 10 and 70,
2] according to the Declaration of Condominium thereof, recorded in O.RB. 3239, Page
22 714, and all exhibits and amendments thereof, Public Records of Palm Beach
23 County, Florida, together with an undivided interest in any appurtenant common
24 elements, as provided for in said Declaration of Condominium.
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27 Unit 209, FIRST FINANCIAL PLAZA, together with parking spaces 23 and 36,
28 according to the Declaration of Condominium thereof, recorded in O.R.B. 3239, Page
29 714, and all exhibits and amendments thereof, Public Records of Palm Beach
30 County, Florida, together with an undivided interest in any appurtenant common
31 elements, as provided for in said Declaration of Condominium.
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CODING:
Words in struck through type arc deletions from existing law;
Words in underlined type are additions.
':\CA\RESO\AmRcso Cor Ocean One (final) (2) doc
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MINUTES OF THE CITY COMMISSION MEmNG HELD IN THE COMMISSION
CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON TUESDAY, MAY 16, 2006, AT 6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance to the Flag led by Vice Mayor McKoy
Mayor Taylor called the meeting to order at 6:30 p.m. An invocation was offered by Vice Mayor
Carl McKoy, who also led the Pledge of Allegiance to the Flag.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Commissioner McCray asked for a discussion on the Community Redevelopment Agency. The
item was added under New Business.
Attorney Cheraf requested that item D.2 under Legal, Proposed Resolution No. R06-099, be
removed from the agenda in conjunction with the passage of the legislation limiting the powers
of eminent domain. The Legal Department was in the process of reviewing the new legislation
in conjunction with the pending resolutions.
2. Adoption
Motion
Vice Mayor McKoy moved to approve the agenda as amended. Commissioner Ferguson
seconded the motion that passed unanimously.
II. OTHER:
A. Informational Items by Members of the City Commission
Vice Mayor McKoy thanked everyone who attended his installation as the President of the Palm
Beach County League of Cities. The League had a large task but was dedicated to addressing
the issues of all the communities in Palm Beach County. He especially thanked the Police and
Fire Honor Guard, who appeared jointly, which he understood was not a common practice.
Mayor Taylor congratulated Vice Mayor McKoy on his promotion with the League of Cities and
thanked him for all of his hard work there as a representative in the past. Mayor Taylor also
expressed his belief that Vice Mayor McKoy's leadership of the League would assure a strong
voice for the City of Boynton Beach in League affairs.
Commissioner Ensler spoke of his conversation with the Chair of the Veterans Advisory
Commission, Tom Kaiser, where he learned the Florida Department of Transportation, through
the auspices of Representative Adam Hasner, had approved putting plaques for veterans and
POWs on each side of the entrance to Boynton Beach and Dekay Beach. The Veterans Advisory
Meeting Minutes
Regular City Commission
Boynton Beach, FL
May 16, 2006
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 06-048. Vice Mayor McKoy
seconded the motion.
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Deputy City Clerk Pyle called the roll. The vote was 4-1, Commissioner Ferguson dissenting.
D. Resolutions:
1. proposed Resolution No. R06-098 RE: Amending Resolutions
No. R05-177 and R05-207 restating the public necessity of acquiring
parcels of property for the purpose of acquiring fee simple, required for
elimination of blight and slum and future construction of improvements to
the City's redevelopment area pursuant to the Heart of Boynton
Community Redevelopment Plan.
Attorney Cherof read Proposed Resolution No. R06-098 by title only.
Commissioner McCray questioned whether this resolution would override the recent eminent
domain legislation signed by the Governor. Attorney Cherof said it would not override it. This
was one of the cases the City filed before the legislation was passed, so they would move
forward on it. The issue was pending in court.
Motion
Commissioner McCray moved to approve Proposed Resolution No. ROG-098. Commissioner
Ferguson seconded the motion that passed 5-0.
2. Proposed Resolution No. R06-099 RE: Amending Resolution
No. R06-057 restating the publiC necessity of acquiring the Commercial
Condominium units designated as Suites 101, 102, 104 and 209 within
the First Financial Plaza for the purpose of acquiring fee simple title,
required for elimination of blight and slum and future construction of
improvements to the City's original redevelopment area and for vehicular
and pedestrian access and public parking within the City of Boynton
Beach.
( This Resolution was removed during Agenda review.)
E. Other:
None.
XIII. UNFINISHED BUSINESS:
None.
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