Res 97-02"T-HB L.E,O ---
RESOLUTION NO. 97-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DF.I.RAY BEACH, FLORIDA, STATING THE CITY'S
INTENT TO INITIATE THE CONFLICT RESOLUTION
PROCEDURES OF CHAPTER 164, FLORIDA STATUTES,
REGARDING A CONFLICT WITH THE LAKE WORTH
DRAINAGE DISTRICT; PROVIDING FOR AN EFFECTIVE
DATE.
WHERF. AS, the City Commission of the City of Deltay Beach desires to initiate the conflict
resolution procedures of Chapter 164, Florida Statutes, also known as the Florida Governmental
Cooperation Act, with regard to a conflict with the Lake Worth Drainage District ("District")
concerning the clearing of trees and vegetation and lack of erosion control standards from the L-30
Canal right-of-way, specifically west of 1-95 to the western boundary of the City, in the City of
Deltay Beach; and
WHEREAS, numerous City representatives, including the City Manager, and City residents
who will be directly and/or indirectly affected by the actions of the District have addressed their
concerns to the District without a satisfactory response or resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The Commission of the City of Delray Beach hereby declares its intent to initiate
the conflict resolution procedures of Chapter 164, Florida Statutes with regard to a conflict with the
District regarding the removal of trees and vegetation and lack of erosion control standards from the
L-30 Canal, specifically west of 1-95 to the western boundary of the City, in the City of Delray Beach
prior to initiating court proceedings to resolve the conflict; specifically the issues of conflict to be
resolved are set forth in Section 2 of this resolution.
Section 2. The issues of conflict with the District regarding removal of trees and vegetation
and lack of erosion control standards from the L-30 Canal, specifically west of 1-95 to the western
boundary of the City, sought to be resolved are:
(a) the impact of such removal on wildlife habitat;
(b) the impact of such removal on the character and aesthetics of the neighborhood;
(c) the loss of green space;
(d) the potential of removal to contribute to erosion of the banks of the L-30 Canal;
(e) failure to obtain a permit and otherwise comply with Section 2.4.6(G) of the Land
Development Regulations requiring a tree removal permit, if applicable;
(0
applicable;
failure to comply with Section 4.6.17(C) regarding erosion control standards, if
(ag) failure to comply with Objective B-2 of the Comprehensive Plan of the Code of
Ordinances regarding the protection of flora and fauna, if applicable;
(la) failure to comply with Policy B-2.2 of the Comprehensive Plan of the Code of
Ordinances regarding the requirement to submit plans for the protection of flora and fauna, if
applicable;
(i) failure to comply with Policy B-2.3 of the Comprehensive Plan of the Code of
Ordinances regarding the requirement to obtain a tree permit for the removal or destruction of a
tree that has a diameter of 4" or greater, ff applicable;
0) Objective C-2 of the Comprehensive Plan of the Code of Ordinances providing that
the City shall support and participate in regional efforts to protect and enhance the quality of
waterways, including the drainage canal system, if applicable.
Section 3. The City Clerk is authorized and directed, within 5 days of the passage of this
resolution, to provide a letter and a certified copy of this resolution by certified mail, return receipt,
to the Manager of the District.
Section 4. That this resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED in regular session on the day of
,2002.
ATrEST:
MAYOR
City Clerk
2 RES. NO. 97-02
[ITY OF OELRI:I¥ BEI:ICH
RECEIVED
DEC 9 - 20O2
CITY MANAGER
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DATE:
Writer's Direct Line: 561/243-7091
MEMORANDUM
December 9, 2002
TO:
FROM:
David Hard,,en, City Manager
Brian Shutt, Assistant City Attorney
SUBJECT: Resolution Regarding LWDD Canal Dredging Proiect
Attached please find a proposed resolution regarding the canal dredging project t
by LWDD on the L-30 canal. If you want to place this resolution on the
Commission agenda it will need a resolution number.
Please call if you have any questions.
RESOLUTION NO. 97-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DFJJRAY BEACH, FLORIDA, STATING THE CITY'S
INTENT TO INITIATE THE CONFLICT RESOLUTION
PROCEDURES OF CHAPTER 164, FLORIDA STATUTES,
REGARDING A CONFLICT WITH THE LAKE WORTH
DRAINAGE DISTRICT; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Delray Beach desires to initiate the conflict
resolution procedures of Chapter 164, Florida Statutes, also known as the Florida Governmental
Cooperation Act, with regard to a conflict with the Lake Worth Drainage District ("District')
concerning the rearing of trees and vegetation and lack of erosion control standards from the L-30
Canal right-of-way, specifically west of 1-95 to the western boundary of the City, in the City of
Delray Beach; and
WHEREAS, numerous City representatives, indudiug the City Manager, and City residents
who will be directly and/or indirectly affected by the actions of the District have addressed their
concerns to the District without a satisfactory response or resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The Commission of the City of Delray Beach hereby declares its intent to initiate
the conflict resolution procedures of Chapter 164, Florida Statutes with regard to a conflict with the
District regarding the removal of trees and vegetation and lack of erosion control standards from the
L-30 Canal, spedfically west of 1-95 to the western boundary of the City, in the City of Delray Beach
prior to initiating court proceedings to resolve the conflict; specifically the issues of conflict to be
resolved are set forth in Section 2 of this resolution.
Sec~i0n 2. The issues of conflict with the District regarding removal of trees and vegetation
and lack of erosion control standards from the L-30 Canal, specifically west of 1-95 to the western
boundary of the City, sought to be resolved are:
(a) the impact of such removal on wildlife habitat;
(b) the impact of such removal on the character and aesthetics of the neighborhood;
(c) the loss of green space;
(d) the potential of removal to contribute to erosion of the banks of the L-30 Canal;
(e) failure to obtain a permit and otherwise comply with Section 2.4.6(G) of the Land
Development Regulations requiting a tree removal permit, if applicable;
failure to comply with Section 4.6.17(C) regarding erosion control standards, ff
(g,) failure to comply with Objective B-2 of the Comprehensive Plan of the Code of
Ordinances regarding the protection of flora and fauna, ff applicable;
(la) failure to comply with Policy B-2.2 of the Comprehensive Phn of the Code of
Ordinances regarding the requirement to submit plans for the protection of flora and fauna, if
applicable;
(i) failure to comply with Policy B-2.3 of the Comprehensive Plan of the Code of
Ordinances regarding the requirement to obtain a tree permit for the removal or destruction of a
tree that has a diameter of 4" or greater, ff applicable;
0) Objective C-2 of the Comprehensive Plan of the Code of Ordinances providing that
the City shall support and participate in regional efforts to protect and enhance the quality of
waterways, indudmg the drainage canal system, if applicable.
Section 3. The City Clerk is authorized and directed, within 5 days of the passage of this
resolution, to provide a letter and a certified copy of this resolution by certified mail, return receipt,
to the Manager of the District.
Section 4. That this resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED in regular session on the day of
, 2002.
ATTEST:
MAYOR
City Clerk
2 RES. NO. 97-02