46-85 ORDINANCE NO. 46-85
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA~ AMENDING CHAPTER 2~ "ADMINISTRATION"~ OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA~ BY
ADDING A NEW ARTICLE VIII., "COMMUNITY REDEVELOPMENT
AGENCY", AND ADDING SECTION 2-135, "CREATION OF COMMUNITY
REDEVELOPMENT AGENCY"~ TO PROVIDE FOR LEGISLATIVE INTENT;
ORGANIZATION OF THE COMMUNITY REDEVELOPMENT AGENCY; THE
COMMUNITY REDEVELOPMENT PLAN; DELEGATION OF POWER;
ORDINANCE AS SUPPLEMENTAL; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Delray Beach, Florida, has made certain
findings and declarations~ as set forth in a resolution of necessity; andy
WHEREAS, the City Council of the City of Delray Beach, Florida, by the adoption of this
ordinance, reaffirms such findings and declarations; and,
WHEREAS~ the City Council of the City of Delray Beach, Florida, desires to create a
public body corporate and politic, to be constituted as a public instrumentality to function within the
City of Delray Beach~ to carry out the Community Redevelopment purposes of Part III, Chapter 163~
Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 2, "Administration", of the Code of Ordinances of the City of
Delray Beach, Florida, is hereby amended by adding a new Article VIII, "Community Redevelopment
Agency", to read as follows:
ARTICLE VIII. COMMUNITY REDEVELOPMENT AGENCY
Sec. 2-135. Creation of community redevelopment agency.
(1) Intent.
There is hereby established the Delray Beach Community Redevelopment Agency, a
public body corporate and politic, having all the powers necessary or convenient to
carry out and effectuate the purposes and provisions of Part RI, Chapter 163~ Florida
Statutes, and this ordinance, subject to all limitations set out therein. The Delray
Beach Community Revelopment Agency shall be referred to hereinafter as "the
agency".
(2) Organization of the Community Redevelopment Agency.
(a) The agency shall be governed by a board of commissioners consisting of seven
(7) persons appointed by the City Council. The terms of office of the commis-
sioners shall be for four (~) years~ except that three (3) of the members first
appointed shall be designated to serve terms of one (1), two (2), and three O)
years respectively, from the date of their appointments. A vacancy occurring
during a term shall be filled for the unexpired term by appointment by the City
Council of Delray Beach. Commissioners who continue to be eligible for
appointment may be reappointed provided, however, that no member may serve
more than two {2) successive terms on the board of commissions.
(b) Any person may be appointed as a commissioner if he or she resides or is
engaged in business within the City of Delray Beach. "Engaged in business"
shall mean owning a business, practicing a profession, performing a service for
compensation, or serving as an officer or director of a corporation or other
business entity so engaged within the City.
(c) The board of commissioners may adopt bylaws, adopt a seal, and establish a
place of business within the City of Delray Beach.
(d) A majority of the commissioners shall constitute a quorum for the purpose of
conducting business and exercising the powers of the agency and for all other
purposes. Action may be taken by the agency upon a vote of the majority
the commissioners present, unless in any case the bylaws shall require a larger
number.
(e) A commissioner shall receive no compensation for his/her services, but shall be
entitled to the necessary expenses, including travelling expenses, incurred in
the discharge of his/her duties.
(D The City Council shall designate a chairman or vice-chairman upon any vacancy
of such position.
(3) Community Redevelopment Plan.
The agency shall prepare or cause to be prepared a community redevelopment plan as
described in Section 163.360, Florida Statutes, for any area that the City Council has,
by resolution, determined to be a slum area, a blighted area, or an area in which
there is a shortage of housing affordable to residents of low or moderate income,
including the elderly, or a combination thereof.
(~) Delegation of power.
The City Council of Delray Beach hereby delegates to the Delray Beach Community
Redevelopment Agency each of the powers set forth in Sections 163.370 (excluding
however those powers enumerated in 163.370(1)(1) and (m)) and 163.380, Florida
Statutes. Provided, however, that the City of Delray Beach retains the right to
exercise any of the powers delegated herein to the Delray Beach Community
Redevelopment Agency, and such powers shall not be deemed to be vested exclusively
in the agency.
(5) Ordinance as supplemental.
This ordinance shall be deemed supplemental to the provisions of Part III, Chapter
163, Florida Statutes, the provisions of which are incorporated herein by reference.
Section 2. That all ordinances or parts of ordinances which are in conflict herewith are
hereby repealed.
Section 3. 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 shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section #. That this ordinance shall take effect immediately upon its passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
18th day of June ,1985.
MAYOR
ATTEST:
First Reading M=,, 14 1985
Second Reading June 18, 19 85 _
2' ORD. NO. ~6-85