46-79 ORDINANCE NO. 46-79
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, GRANTING A ONE TIME WAIVER TO THE DELRAY
BEACH HOUSING AUTHORITY OF A PORTION OF THE PLUMBING,
ELECTRICAL, PAVING AND AIR CONDITIONING PERMIT FEES AND
OTHER LIKE PERMIT FEES OTHERWISE REQUIRED FOR THE CON-
STRUCTION OF THE STEWART ARMS PROJECT; PROVIDING THAT
THIS ORDINANCE SHALL NOT BE CODIFIED; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, providing adequate housing to meet the needs of people
with low and moderate incomes would be in the best interests of all the
residents of the City of Delray Beach; and,
WHEREAS, there currently is a shortage of adequate housing
within the City of Delray Beach to meet the needs of people with low or
moderate incomes; and,
WHEREAS, the proportion of housing units in the City of Delray
Beach designated as substandard under the City's proposed Comprehensive
Land Use Plan is greatest in Planning Area Number 5, according to the
proposed Comprehensive Plan; and,
WHEREAS, the Stewart Arms Project is located within this Planning
Area Number 5; and,
WHEREAS, the completion of the Stewart Arms Project would
greatly aid in increasing the number of standard housing units available
in Planning Area Number 5 and would therefore be a major factor in
fulfilling the housing needs of the residents in this area; and,
WHEREAS, when the Stewart Arms Project was originally started
in 1973, all necessary permits were obtained and all accompanying fees
were paid; and,
WHEREAS, the Stewart Arms Project was not completed within time
limits of said permits due to financial difficulties on the part of the
original developer and the previously issued permits expired; and,
WHEREAS, the Delray Beach Housing Authority has recently re-
ceived funding for the Stewart Arms Project from the U.S. Department of
Housing and Urban Development, a portion of which, approximately
$7,000.00 is earmarked for the payment of permit fees, from which the
Delray Beach Housing Authority has already paid the City $3,721.00 for
building permit and fence permit fees, leaving approximately $3,300.00
for permit fees; and,
WHEREAS, other permit fees totaling approximately $12,000.00
would otherwise be due to permit completion of the reinstituted con-
struction of the Stewart Arms Project by the Delray Beach Housing
Authority for which the Delray Beach Housing Authority does not have
sufficient funding; and,
WHEREAS, it is necessary to complete the Stewart Arms Project
as expeditiously and as economically as possible; and,
WHEREAS, the City Council of the City of Delray Beach deems it
in the best interests of the citizens and residents of the City of
Delray Beach to accept the $3,300 permit fee funding, in addition to
what has already been paid, as full payment for all permit fees required
for the construction and completion of the Stewart Arms Project and to
grant a waiver of any other payments for the Delray Beach Housing
Authority for plumbing, electrical, paving, air conditioning and other
like permit fees that may be required for the completion of the Stewart
Arms Project,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Council of the City of Delray Beach,
Florida, hereby accepts the amount of $3,300.00, in addition to what has
already been paid, as full payment for all plumbing, electrical, paving,
air conditioning and other like permit fees otherwise required for the
reinstituted construction of the Stewart Arms Project by the Delray
Beach Housing Authority, and hereby grants a one time waiver to the
Delray Beach Housing Authority of the remaining fees otherwise due for
said permits required for the reinstituted construction of the Stewart
Arms Project by the Delray Beach Housing Authority.
Section 2. That this ordinance shall not be codified as a part
of the Code of Ordinances of the City of Delray Beach.
Section 3. That should any section or provision of this ordi-
nance or any portion thereof, any paragraph, sentence, or word be de-
clared 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 4. That this ordinance shall become effective ten days
after passage on second and final reading.
PASSED ~ND ADOPTED in regular session on second and final
reading on this the 9th day of July , 1979.
LEON M. WEEKES
ATTEST:
First Reading June 25, 1979
Second Reading July 9, 1979
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