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R04-0771 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. ~ OL~ - 0 --/'7 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING NECESSITY RESOLUTION NO. R03-165; PROVIDING FOR CONFLICTS; SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 7, 2003, the City Commission adopted Necessity Resolution No. R03-165 authorizing thc acquisition of the properties designated as Parcels 2A, 2B, 2C, 3, 5,6, 7 and 9; and WHEREAS, pursuant to Resolution No. R03-165, it was determined by the City Commission that the acquisition of the subject properties was necessary to construct a drainage/retention pond; and WHEREAS, City Staff has determined that the acquisition of the subject properties is not necessary based upon the reengineering of the project by the Consulting Engineer; and WHEREAS, the City Commission deems it to be in the best interests of the citizens and residents of Boynton Beach to repeal Resolution No. R03-165. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and or hereby incorporated herein. SECTION 2. SECTION 3. Resolution No. R03-165 is repealed. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4. 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 application, it shall not affect the validity of the remaining Page 1 of 2 S:\CA\RESO\KE - repea!mng necessity.doc 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . 32 33 35 36 37 38 39 4O 41 42 43 44 45 46 portions or applications of this Resolution. SECTION 5. This Resolution shall become effective immediately upon its passage and adoption. Page S:\CA\RESO\KE repealing necessity.doc PASSED AND ADOPTED this IS day of May, 2004. CITY OF BOYNTON BEACH, FLORIDA Commisaioner f J.- . Comm/ 2 of 2