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R95-032 1 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 29 30 31 32 33 34 RESOLUTION N0.~95-~ A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, DECLARING THE PUBLIC NECESSITY OF ACQUIRING ONE (1) PARCEL OF PROPERTY FOR THE EXPANSION OF POINCIANA ELEMENTARY SCHOOL FOR USE AS A JOINT USE FACILITY WITH THE SCHOOL BOARD OF PALM BEACH COUNTY; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, providing for adequate school facilities is a matter of great importance and concern to the residents of Boynton Beach; and WHEREAS, pursuant to Resolution No. 93-91, the City Commission authorized the Mayor to execute a Site Expansion Interlocal Agreement with the School Board of Palm Beach County, Florida, which, among other things, provided for the expansion of Poinciana Elementary School; and WHEREAS, pursuant to the Interlocal Agreement, the School Board has notified the City in writing that it has been unable to acquire one (1) parcel of property (parcel number 5 "The Property"); WHEREAS, the expansion of Poinciana Elementary School is required to allow the school to function; and WHEREAS, the area of construction has heretofore been located and surveyed and the properties needed for the contemplated expansion of Poinciana Elementary School have been identified and descriptions thereof have been prepared, based upon the survey and location data; NOW, THEREFORE, BE IT ORDAINED 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 Poinciana Elementary School be expanded. Section 2. That the property described in Exhibit "A" attached hereto under parcel number 5 be and the same is 1 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 29 30 31 32 33 34 hereby ratified and confirmed and found to be necessary for the expansion of Poinciana site Elementary School to the extent of fee simple interest, unless the estate or interest is otherwise set forth as part of the respective parcet~'s description, and that acquisition of said parcel for this project is necessary and serves a City and 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 parcel described in Exhibit "A" attached hereto to the extent of the estate or interest set forth as a part of each respective parcel's description 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 parcel 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 application, it shall not affect the validity of the remaining portions or applications of this Resolution. 1 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 29 30 31 32 33 34 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 ~ DAY OF /~~/~, 1995. ATTEST: CIT~ CLERK CITY OF BOYNTO~ BEACH, FLORIDA Mayor ~ Vice~ayo~ Commissioner Co--i s '" ~%o ~"" ~~ ~e r I HEREBY CE~Y that I have a~pro~ed ~he form o~UT I~N. CITY ATTORNEY KLE/Lms 940225 EDOMAIN2.RES