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Res 28-91 RESOLUTION NO. 28-91 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 FOR A MORE DETAILED COMMITMENT OF FUNDS FOR THE NORTHEAST SECOND AVENUE STREETSCAPE IMPROVEMENTS AS CONTEMPLATED BY THE PLAN; 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 for more detailed provisions for funding the Northeast Second Avenue street- scape project to include specific improvements and allocations of funds therefor; and WHEREAS, the Community Redevelopment Agency of the City of Delray Beach 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 for a more detailed commitment of funds for the Northeast Second Avenue streetscape improve- ments whereby the Community Redevelopment Agency will expend tax incremental financing funds to assist the City of Delray Beach by providing funding for paver block installation in conjunction with the streetscape plan 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 for the implementation of a streetscape program whereby the Community Redevelopment Agency will expend tax incremental financing funds to assist the City in funding for paver block installation for the purpose of enhancing or upgrading the appearance of Northeast Second Avenue within 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 Co~t,.ission finds that the enhancement of the physical appearance of the streets within the Community Redevelopment area will serve the Community Redevelopment Agency's basic objective of the 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 the paver block system by the Community Redevelopment Agency to provide for funding for paver block installation along Northeast Second Avenue 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 "Redevelopment and Public Improvement Concepts"; Sub- subsection "Streetscapes as set forth on Page 9 of the Community Redevelopment Plan shall be amended to add at the end thereof the following: Streetscape Improvements to Northeast Second Avenue (Pineapple Grove Way) between Atlantic Avenue and Northeast Fourth Street will enhance the physical appearance of the street and emphasize its connection to the downtown Atlantic Avenue retail core. B. Section 1: "Overview of the Community Redevelopment Plan"; Subsection "Urban Design Concepts", the first paragraph thereof contained on Page 12 of the Community Redevelopment Plan shall be amended to read as follows: 2 Res. No. 28-91 The Major Urban Design Actions, Inc., and the Redevelopment Plan are focused on the Atlantic Avenue and Northeast Second streetscape improvements, landscape improvements to Veterans Park, and the waterfront promenade linking Veterans Park to the City Marina. C. Section II: "The Community Redevelopment Plan"; Sub- section, "Implementation Program"; Sub-subsection "Sources of Redevelopment Funding and Financing"; Subsub-subsection "Beautifi- cation Program", on Page 46 of the Community Redevelopment Plan shall be amended to add at the end of the first paragraph the following: Streetscape improvements, including sculpture placements, landscaping and paver blocks are planned by the City of Delray Beach for 1991. The Community Redevelopment Agency shall assist the City by providing funding for paver block installation. D. Appendix 4. Public Improvement Costs shall be amended to read as follows: Northeast Second Avenue Streetscape Improvements Location - Northeast Second Avenue between Atlantic Avenue and Northeast Fourth Street Scope - (1) installation of paver blocks at selected intersections $10,000 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, paragraph, 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 session on the 9th day of ATTEST: City Clerk - ~ 3 Res. No. 28-91