Res 32-91 RESOLUTION NO. 32-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY
REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH,
FLORIDA; TO PROVIDE FUNDING FOR THE ELIMINATION OF
POWER POLES AND OTHER OBSTRUCTIONS FROM TRAVELWAYS
WITHIN THE COMMUNITY REDEVELOPMENT AREA; FINDING
THAT THE MODIFICATION CONFORMS TO THE COMMUNITY
REDEVELOPMENT ACT OF 1969, AS AMENDED; FINDING THAT
THE MODIFICATION IS CONSISTENT WITH THE CITY OF
DELRAY BEACH'S COMPREHENSIVE PLAN, AND MAKING
FURTHER FINDINGS PURSUANT TO THE APPLICABLE REQUIRE-
MENTS OF FLORIDA STATUTES SECTION 163.360(6)(7); AND
PROVIDING FOR SEVERABILITY.
WHEREAS, the City Commission of the City of Delray Beach, Florida,
by Ordinance No. 46-85, adopted June 18, 1985, did create a Community
Redevelopment Agency as provided in Florida Statutes Section 163.356;
and
WHEREAS, on December 23, 1986, the Board of County Commissioners of
Palm Beach County passed and adopted Resolution No. R-86-2003 delegating
the exercise of the powers conferred upon the County by Chapter 163,
Part 3, Florida Statutes, within the boundaries of the City of Delray
Beach to the governing body of the City of Delray Beach completely and
without limitation; and
WHEREAS, the City Commission of the City of Delray Beach, Florida,
has heretofore approved a Community Redevelopment Plan on the 9th day of
September, 1986 by Resolution No. 49-86 as subsequently amended on
November 24, 1987 by Resolution No. 47-87 and as further ratified and
amended on February 14, 1989 by Resolution No. 6-89, and as further
ratified and amended on the 25th day of September, 1990 by Resolution
No. 86-90; and
WHEREAS, the Community Redevelopment Agency of the City of Delray
Beach, Florida, hereinafter referred to as the "CRA", has heretofore
adopted a Community Redevelopment Plan; and
WHEREAS, the CRA is desirous of modifying said plan to provide
funding for the elimination of power poles and other obstructions from
travelways within the community redevelopment area and allocations of
funds therefor; and
WHEREAS, the CRA has recommended to the City Commission of the City
of Delray Beach, Florida, pursuant to its Resolution No. 3-91 that the
Community Redevelopment Plan be further modified to provide funding for
the elimination of power poles and other obstructions from travelways
within the community redevelopment area; and
WHEREAS, the City Commission finds it to be necessary for the
rehabilitation, conservation and redevelopment or a combination thereof,
of the Community Redevelopment area and in the interest of the public
health, safety, moral and welfare of the residents of the City of Delray
Beach to amend the Community Redevelopment plan for the purpose of
providing funding for the removal of power poles and other obstructions
within the community redevelopment area whereby the CRA will expend tax
incremental financing funds to assist the City in funding the removal of
power poles and other obstructions for the purpose of enhancing or
upgrading the appearance of the Community Redevelopment area; and
WHEREAS, the City Commission finds that the modification conforms
to the Community Redevelopment Act of 1969, as amended; and
WHEREAS, the City Commission finds that the modification is con-
sistent with the City of Delray Beach's Comprehensive Plan; and
WHEREAS, the City Commission further finds that the modification
meets the applicable requirements of Sections 163.360(6)(7), Florida
Statutes; and
WHEREAS, the City Commission shall hold a public hearing on said
modification to the plan, after public notice is given in conformance
with the requirements of Chapter 163, Part 3, Florida Statutes; and
WHEREAS, the City Commission finds that the removal of power poles
and other obstructions within the Community Redevelopment area will
serve the CRA's basic objective of eliminating and preventing the spread
of slum and blighted conditions, and the Community Redevelopment
Agency's economic objective to increase the level of economic activity
in the tax base within the Community Redevelopment area; and
WHEREAS, the City Commission finds that the implementation of a
funding mechanism by the CRA to provide for funding for removal of power
poles and other obstructions within the Community Redevelopment area
will serve to facilitate the above-stated objectives.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the preamble stated above is hereby incorporated
by reference herein, as findings of fact upon which this resolution is
based.
Section 2. The Community Redevelopment Plan is hereby modified in
the following respects. The following modifications shall be inserted
in the places as indicated on Exhibit "A".
A. Section 1: "Overview of the Community Redevelopment Plan",
Subsection, "The Need and Purpose of the Community Redevelopment
Plan", Subsection, "Redevelopment Objectives", Subsection,
"Circulation and Parking Objectives" as set forth on Page 7 of the
Community Redevelopment Plan shall be amended to add at the end
thereof the following:
"Eliminate power poles and other obstructions from travelways
within the Community Redevelopment Area."
B. Section 1: "Overview of the Community Redevelopment
Plan", Subsection, "The Redevelopment Plan Concept", Subsection,
"Redevelopment & Public Improvement Concepts", Subsection,
"Traffic, Circulation and Parking Concepts", as set forth on Page
11 of the Community Redevelopment Plan shall be amended to add at
the end thereof the following:
"The removal of power poles and other obstructions from
travelways (as opposed to right-of-ways) is recommended to
improve traffic circulation and enhance traffic safety. These
improvements are to be made when appropriate in conjunction
2 Res. No. 32-91
with the development or redevelopment of specific projects
within the Community Redevelopment Area. These improvements
shall be undertaken in concert with the City of Delray Beach
and Florida Power and Light."
C. Section 2: "The Community Redevelopment Plan", Sub-
section, "The Traffic Circulation and Parking Element", Subsection,
"Traffic Circulation and Parking Plan", Subsection, "Traffic
Circulation Improvements", as set forth on Page 24 of the
Community Redevelopment Plan shall be amended to add at the end
thereof the following:
"The following long range improvements are planned throughout
the Community Redevelopment Area:
The removal of power poles and other obstructions from
travelways (as opposed to right-of-ways) is required to
improve traffic circulation and enhance traffic safety. These
improvements are to be made when appropriate in conjunction
with the development or redevelopment of specific projects
within the Community Redevelopment Area. These improvements
shall be undertaken in concert with the City of Delray Beach
and Florida Power and Light."
D. Appendix 4. Traffic Circulation Improvements Section on
Page 64 shall be amended to add at the end thereof the following:
"For development and redevelopment projects throughout the
Community Redevelopment Area as required:
Lon~ Range: 1990-1995
1. Remove power poles and other obstructions $3,500.00
from travelways."
Section 3. That if any section, subsection, paragraph, sentence or
word or other provision of this resolution, or any portion thereof, or
its application to any person or circumstance, be declared by a court of
competent jurisdiction to be invalid or unconstitutional, such decision
shall not effect the validity of any other section, subsection, para-
graph, sentence, or word or provision or its application to other
persons or circumstances and shall not effect the validity of the
remainder hereof as a whole or part thereof other than the part declared
to be invalid.
PASSED AND ADOPTED in regular ~~ay of
sessl on the 23rd
April, 1991.
ATTEST:
Cit~ Clerk - ~ '
3 Res. No. 32-91