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Res. No. 45-20RESOLUTION NO. 45-20 A RESOLUTION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION TO ENTER INTO RULEMAKING TO ADOPT AN "IDLE SPEED - NO WAKE" ZONE WITHIN THE INTRACOASTAL WATERWAY SYSTEM BETWEEN ATLANTIC AVENUE AND GEORGE BUSH BOULEVARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, residents of the City of Delray Beach have petitioned the City to limit the speed of vessels on the Intracoastal Waterway between the Atlantic Avenue Bridge and the George Bush Boulevard Bridge (hereinafter referred to as the "Zone"); and WHEREAS, the City Commission heard the concerns of its residents during its Commission Meeting held on January 16, 2020; and WHEREAS, the residents expressed that the owners of properties along this segment of the Intracoastal Waterway are experiencing degradation of their seawalls and landscaping due to increased boater traffic in the Zone along with increasing issues related to rising tides; and WHEREAS, the current manatee protections along this narrow stretch of the intracoastal are limited to a theoretical no wake area within 50 feet of the seawalls from October to April but the ineffective signage, lack of enforcement, and unrealistic potential for boaters to understand and follow, means that a high number of high speed boaters regularly violate this protection zone, putting manatees at risk at a time of increased manatee deaths state wide; and WHEREAS, the establishment of an "Idle Speed- No Wake" Zone will decrease the degradation and provide protection to the property owners adjacent to the Intracoastal Waterway; and WHEREAS, the City recognizes that Florida Statute 327.60 delegates the power to regulate vessels on the Florida Intracoastal Waterway solely to the Florida Fish and Wildlife Conservation Commission; and WHEREAS, the City urges the Florida Fish and Wildlife Conservation Commission to consider the concerns of the resident and establish an "Idle Speed-No Wake" Zone within the intracoastal waterway system between Atlantic Avenue and George Bush Boulevard; and WHEREAS, the City is respectfully requesting that the Florida Fish and Wildlife Conservation Commission enter into Rulemaking to adopt an "Idle Speed - No Wake" Zone in the requested zone; and WHEREAS, the City Commission deems approval of this resolution to be in the best interest of the health, safety, and welfare of the residents and citizens of the City of Delray Beach and the public at large. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The foregoing recitals are hereby affirmed and ratified. Section 2. The City Commi ssion of the City of Delray Beach hereby urges the Florida Fish and Wildlife Conservation Commi ssion to adopt an "Idle Speed-No Wake" Zone within the Intracoastal Waterway system between Atlantic Avenue and George Bush Boulevard, as depicted in Exhibit "A". Section 3. The City Clerk is hereby directed to forward copies of this Resolution to the Florida Fish and Wildlife Conservation Commi ssion. Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED in regular session on the l.té_ day A~ Katerri Johnson,~ 2 RES. NO. XX-20