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RESOLUTION NO. ~t-~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA~ DETERMINING
THE NECESSITY TO ~CQUIRE ~ VOLUNTARY
CONVEYANCE THE FEE SIMPLE TITLE TO A 7.87
TRACT OF LAND (TRACT) CONSISTING OF A 6.3
ACRE PARCEL OF REAL PROPERT~ (PARCEL "A")
OWNED BY MR. ROBERT J. ROSE AND ROBERT J.
ROSE, JR., AND A 1.24 ACRE PA~RCEL OF REAL
PROPERTY (PARCEL "B") OWNED BY MR. GENE MOORE
III LOCATED ON THE EAST SIDE OF SEACREST
BOULEVARD JUST SOUTH OF SOUTHEAST 15TH AVENUE
IN THE CITY OF BOYNTON BEACH, FLORIDA FOR
UTILITY AND OTHER MUNICIPia_L PURPOSES;
AUTHORIZING THE CITY MANAGER AND STAFF TO
NEGOTIATE AND BRING ~ACE FOR CITY COMMISSION
DATE.
AND PROVIDING AN EFFECTIVE
_WHEREAS, the City Commission of the City of Boynton Beach,
Florida has determined the necessity tom acqaire by voluntary
conveyance fee simple title to 7.87 acre tract of real property
(Tract) consisting of a 6.63 acre parcel of real property (Parcel
"A") and a 1.24 acre parcel of real property (Parcel "B") both
more particularly described on attached Exhibit "A" for utility
and other municipal purposes; and
WHEREAS, the City C~ommission feels it is appropriate and in
the best interests of the City of Boynton Beach, Florida to
authorize the City Manager and staff to negotiate and bring back
for City Commission approval purchase and sale contracts for the
Tract;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clause is hereby
ratified and confirmed as being true and correct and is hereby
made a specific part of this Resolution°
Section 2. That it is hereby declared and
that
determined
it is necessary to acquire by volun=ary conveyance the fee
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~imple title to the Tract for utility and other municipal
purposes.
Section 3. That the City Commission of the City of
Boynton Beach, Florida, hereby authorizes the City Manager and
staff to negotiate and bring back for City Commission approval
purchase and sale contracts for the Tract.
Section 4.
That all resolutions or par%s of resolutions
conflict herewith be and the same are hereby repealed.
Section 5. In the event any portion of this Resolution
is deemed invalid, illegal or unconstitut2onal by any court of
competent jurisdiction, such decision shall in no manner effect
the remaining portions or sections of this Resolution and shall
remain in full force and effect.
Section 6. This Resolution shall become effective
immediately upon its passage and adoption.
PASSED AND ADOPTED BY
BOYNTON BEACH, FLORIDA THIS
~TTEST:
( C~.~P~ATE~ SEAL~
THE CITY ~CO~ISSION OF THE CITY OF
.~~, FLORID~A /
/ayor /~
Co~n~issioner
Commissioner
CommissiOner
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MEMORANDUM
utilities No. 91-056
VI.- LEGAL
C. 5
cc: Utilities
TO: J. Scott Miller~
City Manager
FROM: John A. Guidry,
Director of Utilities
DATE: January 31, 1991
SUBJECT:
7.87 Acres Immediately South of East Wmter
Treatment Plane
Per our r~cent discussion on the subject and the apparent
concerns which others have expressed to youl I felt it
necessary To provide the following as our effort to inform
all parties~of the amounts~of effort and planning that have
gone into this project.
Historv
During 1988-89, the Utility Department and selected
professionals of the General Consultant to the-Utility
~epartment, CH2M Hill, prepared th~ water a~d wastewater
Master Plan~update as a preamble to the Water and sewer
Element of the Comprehensive Plan. This update identified
many required improvements to the system such as:
modification to the existing water treatment plant currently
under construction, and the west water treatment plant which
will finally be under construction in 1991. Preparasory
Research and Development for the western facility and its
land acquisition was a part of the 1985 Series Bond Issue.
The 1990 Series Bond Issue identified our projects (Table 6
attached) as all otherlimprovement requirements that were
not paid f'or via the 1985 issue or through Capital FeE
funding.
Also attached are Tables 4 and 5 of the 1990 Issue'. Table 6
provides a summary to Tables 4 and 5 for the period
1991-1993. The highlighted sections are allocable to the
Bond Issue, while the non-highlighted sections are allocable
to Capital Fees with the exception of the 1994-t995 which
will require an additional Bond Issue to pay for these
Federally mandated improvements as a requirement of the 1986
amendments to the Safe Drinking Water Act.
Discussion
The reader should refer to Tables 4 and 5 relative to the~
Department's mission objectives occurring specifically
during I99I. As part of the mission under the cmption "East
Water Treatment Plant Up~at±ng" found on Table 4 is tha
purchase Qf the adjacent land tract south of the East Water
Treatment Plant with siteWork for an estimated capital cost
of $669,000 occurring during the 1991 time frame.
Commission approved the contract for S.F. Holden, Inc. In
the amoun5 of $5,000 and Anderson & Carr~ Inc. for ~4,500 in
September~ 1990. Both firms are MAi and SRPA certified and
we are in receipt of their final appraisals While we are
still in a negotiating mode, we have been advised by the
City Attorney to keep these appraised values out of
"Sunshine" as authorized b~ Florida Statutes. The approach
that we have Taken has been to negotiate a settlement with
both owners that make up the 7.87 acre 5rac~ and i can
affirmatively say that the dollar amount that we are
negotiating toward is consistent with the appraisals.
Intended Use
The tract has been identified as essestial to the
development of the Utility and will be used for:
.East Water Treatment Plant Disinfection Modification
Requirements (ozone facility).
.New elevated storage tank replacing existing north and
south metal structures~
.Bio-filters or GAC System for East Water Treatment
Plant.
.Stormwater Treatment for the Plant and East Wellfield
as mitigation to sea water intrusion of the east
wellfields.
.Mitigation of environmentally sensitive pre-existing
habitats that have been identified and documented.
.Buffer from existing residences located south of the
tract.
.Future ASR facility which will prolong the investment
period for future water treasment capacity.
This staff has in excess of fifteen (15) years of
environmental permitting experience at both the State and
Federal level. It has been and continues to be our
considered opinion that the tract is permittable as long as
the design engineer provides for the mitigation of
environmentally sensitive issues associated with the
properties.
Ail civil works structures being planned for this tract do
not dictate large foot prints; therefore, our ability to
provide the level of mitigation that adequately addresses a
given sensitive inventory should meet with Regulatory
concurrence for permitting.
Interested paruies will be provided an opportunity to
express their concerns at a public meeting once The
Regulatory Agency has issued its intent to issue a permit.
We are concerned about the perception of attempt.ing to
politicize the municipal utility by special interest groups.
This type of activity from behind the scenes should be
discourageds as the end result is borne by the rate payer
from the increased cost associated with such practices.
The work performed by Staff and Geraghty and Miller on sea
water intrusion of the east wellfields further precipitates
the real necesslEy for municipal ownership and control of
all the acreage, i.e., existing Plant site ~(7.44 acres), and
the 7.63 acres to the south for a combined total of 15.07
acres.
Recommendatio~
Given our first hand knowledge of the projectr and based
upon the foregoing, we recommend that staff be authorized to
negotiate a final settlemeht on the two parcels which make
up the 7.78 acre tract. Individually broken down, these
parcels are sized at 1.24 acres and 6.63 acres; however, due
to the environmental concerns on this tract, both parcels
are essential to the overall scheme of permitting and
miti~auion.
Based upon our first hand participation in the
order-of-taking proceedings on the sites for the West Water
Treatment Facility, one may rest assured that negotiating a
settlement is far less time consuming an~ expensive than the
dual legal proceedin~ that an order-of-taking would involve.
Recommend that staff be permitted to proceed as outlined in
the proposed Resolutions. Full justification and
disclosdure will be available upon satisfactorily obtaining
a signed contract from both ~arties.
/bks
Enclosures
cc: Michael Kazunas
Peter Mazzella
Robert Kenyon
0
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Table 6 ~
~ COMPONENTS OF THE PROJECT
-: FISCAL YEARS 1991-1993~'
· Estimated Capital Expenditures
Recommended Improvements
(x $1,000)b
1992 1993 Total
Water System Improvements '
East WTP ImPro,vements . : 1,266 1,249 1,248 3,763
New West :W'~'and Appurtenances 9,049 7,954 509 17,512
Water SUpplY Improvements 571 402 0 973
Water Distributign System Improvements 394 344 . 345 1,083
Subtotal Water gyste~n' Improvements 11,280 9,949 2,102 23,331
Wastewater System Improvements .
Wastewaier Transmission and Telemetry 561 ~ 616 185 1,362
Wastewater Treatment Improvements 4,000 1,000 . -- 5,000¢
Subtotal Wastewater System Improvements 4,561 1,616 185 6,362
Total Ail ImProvements 15,841 11,5_65 2,287 29,693
~scal Year extends from October 1 to September 30.
b Cost opinions are order-of-magnitude estimates in June 1990 dollars.
¢ The City of Boynton Beach's share of capital improvements to be funded from
1990 Series Bond issue as provided by the City and as prepared by the
wastewater constiltant of the South Central Regional Wastewater Ti'eatment and
Disposal Board.