Res 33-87 RESOLUTION NO. 33-87
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE AC(~UISITION IN FEE
SIMPLE OF CERTAIN REAL PROPERTY, BEING LOTS i THROUGH
9, INCLUSIVE, NICHOLAS SECOND ADDITION TO DELRAY BEACH,
AS SHOWN ON THE PLAT THEREOF, RECORDED IN PLAT BOOK
21, PAGE 70, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, FOR THE PUBLIC PURPOSE OF THE EXPAN-
SION AND IMPROVEMENT OF THE MUNICIPAL WATER TREATMENT
PLANT, AND FINDING THE SAME TO BE A PUBLIC NECESSITY;
PROVIDING THE EXACT LEGAL DESCRIPTION OF THE PROPERTY
TO BE ACQUIRED; DETERMINING AND FINDING THAT THE
AC(~UISITION OF THE PROPERTY TO BE AC(~UIRED IS NECES-
SARY FOR THE STATED PUBLIC PURPOSE; PROVIDING THAT IN
THE EVENT THAT EMINENT DOMAIN PROCEEDINGS ARE NECES-
SARY, THE CITY ATTORNEY IS AUTHORIZED TO RETAIN THE
SERVICES OF APPRAISERS, EXPERTS IN OTHER DISCIPLINES,
AND PRIVATE COUNSEL TO ASSIST HIM IN THIS MATTER;
PROVIDING FOR THE FURNISHING OF COPIES.
WHEREAS, the Director of Public Utilities has recommended the acquisition of
certain real property adjoining the Municipal Water Treatment Plant for the purposes of
expansion of the Water Treatment Plant to provide for additions of water-softening
equipment, storage of process chemicals, increased chlorine storage and feed system,
sludge dewatering additions and employee services expansion; and,
WHEREAS, it is necessary that the City acquire the hereinafter described
property to fulfill the above-stated public purpose, said property more particularly,
legally described as follows:
Lots I through 9, inclusive, NICHOLAS SECOND ADDITION TO
DELRAY BEACH, as shown on the plat thereof, recorded in Plat
Book 21, page 70, of the Public Records of Palm Beach County,
Florida;
and,
WHEREAS, funds are available for the above-described acquisition; and,
WHEREAS, the City Council finds that the acquisition of the above-described
property in fee simple for expansion of the Municipal Water Treatment Plant and related
purposes is a public necessity and essential to the interests of the residents of the City
of Delray Beach, Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Council hereby adopts and ratifies those matters set
forth in the foregoing recitals.
Section 2. That the City Attorney is authorized and. directed to employ real
estate appraisers for the purposes of securing appraisals of the value of the property
hereinafter described for the purpose of acquiring fee simple title to the same.
Section 3. That the City Attorney is hereby authorized and directed to take
the necessary steps on behalf of the City of Delray Beach, Florida, to acquire in its
own name by donation, purchase, or eminent domain proceedings, fee simple title to the
property more particularly, legally described as follows:
Lots 1 through 9, inclusive, NICHOLAS SECOND ADDITION TO
DELRAY BEACH, as shown on the plat thereof, recorded in Plat
Book 2.I', page 70, of the Public Records of Palm Beach County,
Florida.
Section 4. That the City Attorney is hereby authorized and directed to
prepare in the name of the City of Delray Beach all papers, pleadings, or other
instruments required for that purpose and to take such further action as is reasonably
required to fully accomplish the purpose hereinafter directed.
Section 5. That the City Attorney is hereby authorized to retain experts in
other disciplines whom he deems are necessary for the adequate and complete prepara-
tion of the City's representation in this matter, and the City Attorney is further
authorized to retain independent counsel to assist him in this matter.
Section 6. That the City Clerk is hereby directed to furnish copies of this
Resolution to all appropriate parties.
PASSED AND ADOPTED in regular session on this the 25th day of
'August , 1987. ~
MAYOR
ATTEST:
2 RES. NO. 33-87