131-88 ORDINANCE NO. 131-88
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND
USAGE" OF THE CODE OF ORDINANCE80P THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING CHAPTER 175, nSAFE NEIGH-
BORHOOD IMPROVEMENT DISTRICTS", TO CRRATE A SPECIAL
SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT PURSUANT TO
FLORIDA STATUTES §163.501 ET SE(~., TO BE KNOWN AS THE
WEST ATLANTIC AVENUE NEIGHBORHOOD IMPROVEME,I~T
DISTRICT WITHIN AN AREA CONTAINING APPROXIMATELY 236
ACRES BOUNDED ON THE SOUTH BY SOUTHWEST SECOND
STREET, ON THE WEST BY 1-95, ON THE NORTH BY NORTHWEST
SECOND STREET, AND ON THE EAST BY SWINTON AVENUEI BY
ENACTING A NEW SUBSECTION 175.03 TO CREATE A LOCAL
GOVERNMENT SAFE NEIGHBORHOOD IMPROVEI~.II~NT DISTRICT~
ENACTING A NEW SUBSECTION 175.04, "NAME OP DISTRICT", TO
PROVIDE A NAME FOR THE DISTRICT: BY ENACTING A NEW
SUBSECTION 175.05, "AUTHORITY TO APPLY FOR AND RECEIVE
GRANTS", TO PROVIDE FOR THE SAID AUTHORITY TO APPLY
FOR AND RECEIVE GRANTS; BY ENACTING A NEW SUBSECTION
175.06, "UTILIZATION OF TAX OR SPECIAL ASSESSMENT", TO
PROVIDE FOR SUCH UTILIZATION OF TAX OR SPECIAL ASSESS-
MENT~ BY ENACTING A NEW SUBSECTION 175.07, "DESIGNATION
OF BOARD OF DIRECTORS", TO PROVIDE FOR SUCH DESIG-
NATION OF THE BOARD OF DIRECTORS; BY ENACTING. A NEW
SUBSECTION 175.08, "ESTABLISHMENT OF ADVISORY BOARD",
TO ESTABLISH AN ADVISORY BOARD~ PROVIDING A GENERAL
REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Florida Statutes 1163.$01 et seq. provides that the governing body
of a municipality may adopt resolutions authorizing the formation of safe neighborhood
improvement districts in accordance with the provisions of the Florida Statutesl and,
WHEREAS, the City Commission of the City of Delray Beach, Florida, has
adopted Ordinance No. 130-88 authorizing the creation of safe neighbarhood improvement
districts within the City of Delray Beach, Floridal and,
WHEREAS, the City Administration has recommended the creation of a Local
Government Safe Neighborhood Improvement Distrdct for the below-identified area of the
City of Delray Beach, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 175, "Safe Neighborhood Improvement Districts", of
the Code ol~' Ordinances of the City of Delray Beach, Florida, is hereby amended by
enacting a new Subsection 175.03, "District Created", to read as follows:
District created. A Local Government Safe Neighborhood Improvement District
is hereby created pursuant to Florida Statutes !163.501 et seq. to include
approximately 236 acres in an area bounded on the south by Southwest
Second Street, on the west by 1-95, on the north by Northwest Second
Street, and on the east by Swtnton Avenue.
Section 2. That Chapter 175, "Safe Neighborhood Improvement Districts", of
the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by
enacting a new Subsection 175.04, "Name of district", to read as follows:
ORD. NO. 131-88
Name of district. The Local Government Safe Neighborhood Improvement
District hereby e~eated shall be known as the "West Atlantic Avenue Neigh-
borhood Improvement District".
Section 3. That Chapter 175, "Safe Neighborhood Improvement Districts", of
the Code ~ancee of the City of Delray' Beach, Florida, is hereby amended by
enacting' a new Subsection 175.05, "Authority to apply for and receive grants", to read
as follows:
Authority to apply for and receive grants. The Local Government Safe
Neighborhood Improvement District created hereby is hereby authorized to
apply for and receive from the Florida Department of Community Affairs a
planning grant in the amount of Two Hundred Fifty Thousand Dollars
($250,000.00). ~
Section 4. That Chapter 175, "Safe Neighborhood Improvement Districts", of
the Code of Ordinances of the City of Delray Beach', Florida, is hereby amended by
enacting a new Subsection 175.06, "Utilization of tax or special assessment", to read as
follows:
Utilization of tax or special assessment. The purpose is hereby stated that
the district may utilize a maximum of two mills ad valorem taxes or special
assessments on real property within the district.
Section 5. That Chapter 175, "Safe Neighborhood Improvement Districts", of
the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by
enacting a new Subsection 175.07, "Desig"nation of Board of Directors", to read as
follows:
Designation of Board of Directors. The City Commission of the City of Delray
Beach, Florida, is hereby designated as the initial Board of Directors of the
District.
Section 6. That Chapter 175, "Safe Neighborhood Improvement Districts", of
the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended-by
enacting a new Subsection 175.08, "Establishment of Advisory Board", to read as
follows:
Establishment of Advisory Board. An Advisory Board is hereby established
for the Local Government Safe Neighborhood Improvement District created by
this resolution. The Advisory Board shall be composed of no fewer than five
(5) members who shall be owners of real property located in the district or
residents of the district. The members of the Advisory Board shall be
appointed by the Board of Directors and serve at the pleasure of the Board
of Directors. The terms of the members of the Advisory Board shah be for
two, two-year terms. The Advisory Board shall perform such duties as may
be prescribed by the Board of Directors' and shall submit within the time
period specified by the Board of Directors, a report on the district's
proposed activities and a proposed budget to accomplish the district's objec-
tives. In formulating a plan for services or improvements, the Advisory
Board shall consult in public session with the appropriate staff of consultants
of the City of Delray Beach, Florida responsible for preparation of the
district's plan.
Section 7. That all ordinances or parts of ordinances which are in conflict
herewith are hereby repealed.
Section 8. That should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence, or word be declared by a court of competent
jurisdiction to be invalid, such decision shah not affect the validity of the remainder
hereof as a whole or part thereof other than the part declared to be invalid.
Section 9. That this ordinance shall become effective ten (10) days after its
passage on second and final reading.
2 ORD. NO. 131-88
PASSED: AND ADOPTED in regular session on second and final reading on this
the 25th day of October , 1988,
'ATTEST:
.
First Readin~ October 11, 1988
Second Readtn~ October 25 ~ 1988
3 ORD. NO. 131-88