Res 63-97 RESOLUTION NO. 63-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE FILING OF
EMINENT DOMAIN PROCEEDINGS AS REQUIRED BY A FINAL
JUDGMENT IN THE CASE STYLED STANLEY G. TATE,
TRUSTEE VS. CITY OF DELRAY BEACH, FLORIDA AND THE
LAKE WORTH DRAINAGE DISTRICT; PROVIDING A CONFLICT
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, in 1993, Stanley G. Tate, Trustee, instituted a
lawsuit against the City of Delray Beach and the Lake Worth Drainage
District in which Mr. Tare contended that certain governmental
actions resulting in the alleged closing of Davis Road denied Mr.
Tare of legal access to his property and resulted in a taking of the
lands in question; and
WHEREAS, the City Commission of the City of Delray Beach
strongly disagrees with the allegations set forth in Mr. Tate's
Complaint; and
WHEREAS, on or about October 17, 1996, the trial court in
the above-referenced lawsuit entered Final Judgment against both the
City of Delray Beach and the Lake Worth Drainage District finding
that the governmental entities had "taken" certain property and/or
property rights allegedly owned by Mr. Tare; and
WHEREAS, the Final Judgment in the above-referenced lawsuit
ordered the City of Delray Beach and the Lake Worth Drainage District
to institute eminent domain proceedings to acquire the property
interests allegedly taken by the governmental entities; and
WHEREAS, in compliance with the Court's Final Judgment, the
City of Delray Beach is authorizing the filing of the condemnation
proceeding without prejudice to pursue its appellate rights in the
future.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City Commission of the City of Delray Beach
hereby authorizes the acquisition of that certain property or
property rights as set forth in that Final Judgment dated October 17,
1996 in the case styled "Stanley G. Tate, Trustee vs. City of Delray
Beach and Lake Worth Drainaqe District", being Case No. 93-5198 AI.
This authorization is without prejudice to any and all appellate
rights of the City of Delray Beach in the above-referenced
litigation.
Section 2. That all resolutions or parts of resolutions in
conflict herewith are hereby repealed.
Section 3. That should any section or provision of this
resolution or any portion thereof be declared invalid by a court of
competent jurisdiction, such decision shall not affect the remainder
of this resolution.
Section 4. That this resolution shall take effect
immediately upon passage.
PASSED AND ~OPTED in regular session on this the 19th day
of August, 1997.
ATTEST:
- 2 - Res. No. 63-97
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - AUGUST 19, 1997 - 6:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING:
9.M. RESOLUTION NO. 63-97: Consider approval of a resolution
authorizing the filing of eminent domain proceedings as
required by the Final Judgment in the case of Stanley G.
Tate, Trustee, v. City of Delray Beach and the Lake Worth
Drainage District.
ref:ADDENDUM
£1T¥ DF DELRR¥ BER£H
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
lll.lme~a City MEMORANDUM
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorne~
SUBJECT: Resolution Authorizing the Commencement of Eminent Domain
Proceedings - Tate v. City and Lake Worth Drainage District
Pursuam to the Court's Order in the above case, the City is required to commence
condemnation proceedings to acquire the property interests allegedly taken by the City
and the Lake Worth Drainage District. Prior to commencing the proceedings, the City
Commission must adopt a resolution authorizing the institution of the condemnation
proceedings. Adoption of this resolution will authorize the City Attorney's Office to
commence the condemnation proceedings in Circuit Court.
If you have any questions, please call.
DNT:smk
Attachment
cc: David T. Harden, City Manager
tate7.dnt