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Res 79-91 RESOLUTION NO.79-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ~QUESTING THE TRANSFER OF THE JURISDICTIONAL POWERS FROM PALM BEACH COUNTY TO THE CITY OF DELRAY BEACH, FOR THAT RIGHT-OF-WAY OF DIXIE HIGHWAY WHICH EXTENDS FROM N.E. 8TH STREET (AKA'GEORGE BUSH BOULEVARD) TO GULFSTREAM BOULEVARD (THE NORTHEr- MOST CITY LIMITS). WHEREAS, the City Commission of the City of Delray Beach, Florida desires that it have jurisdictional power for the right-of-way for Dixie Highway, as it lies within the municipal boundaries, of the City of Delray Beach from N.E. 8th Street (aka ~orge Bush Boulevard) to Gulfstream Boulevard (the northernmost City limits); and, WHEREAS, said portion of Dixie Highwa~ north of Gulfstream Boulevard is not under County ju'risdiction but is under the jurisdiction of the City of Boynton Beach; and, WHEREAS, said Dixie Highway does not function as a collector road, nor as a County road travelling through more than one municipality; and, WHEREAS, said Dixie Highway currently is within the jurisdiction of Palm Beach County, NOW, THE~FO~ BE IT ~SOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby requests that Palm Beach County transfer jurisdiction for that portion of Dixie Highway which extends from N.E. 8th Street (aka ~orge Bush Boulevard) to Gulfstream Boulevard (the northermost City limits) to the City of Delray Beach. Section 2. That the City Commission of the City of Delray Beach, Florida, hereby authorizes and directs the City Clerk to forward a copy of this Resolution to Palm Beach County, Traffic Engineering Division and further directs the City Administration to pursue transfer of said Dixie Highway from Palm Beach County to the City of Delray Beach. Section 3. That this Resolution shall take effect immediately upon passage. PASSED, AND ADOPTED in regular session on this the 8th day of October, 1991. ATTEST: Cit~Clerk ~ ; MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM ~ V, ['".- MEETING OF OCTOBER 8, 1991 RESOLUTION NO. 79-91 DATE: October 4, 1991 This is a resolution requesting the transfer of the jurisdictional powers from Palm Beach County to the City of Delray Beach, for that right-of-way of Dixie Highway which extends from N.E. 8th Street (AKA George Bush Boulevard) to Gulfstream Boulevard (the northern-most City limits). During review of various projects (the proposed Oak Square Treatment Center, the old Miller Dodge site, etc.), we have encountered problems with specific agencies in the County regarding improvement requirements and right-of-way demands. Because of these problems, and as Dixie Highway no longer serves as the exclusive access to the adjacent properties it is appropriate to seek jurisdiction. Boynton Beach has initiated a similar request for that portion of Dixie Highway within their boundaries. Recommend approval of Resolution No. 79-91. ? CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF OCTOBER 8, 1991 RESOLUTION RE TRANSFER OF JURISDICTION RE DIXIE HIGHWAY ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of apDroval of a Resolution through which the City is seeking transfer of jurisdiction for a portion of Dixie Highway. The affected portion of Dixie Highway is that portion located between N.E. 8th Street and the northerly City limits. BACKGROUND: This roadway was, at one time, a part of the County thoroughfare system. Over time, the roadway has become a minor street as Federal Highway has expanded. In this location, Dixie Highway parallels the FEC Railway and does not serve as the exclusive access to properties (adjacent properties have access to Federal Highway also). During review of various projects (specifically, the proposed Oak Square Treatment Center, the old Miller Dodge site, and others), we have encountered problems with specific agencies in the County regarding improvement requirements and right-of-way demands. Another influencing factor is that the FEC's right-of-way is directly adjacent to Dixie Highway's west boundary and the realization that, in places, the pavement extends onto that right-of-way. Dealing with the above has proven quite cumbersome and frustrating (see letter of March 4, 1991, from County Engineering). Boynton Beach was in a similar position. Discussion ensued between the two City Administrations. Boynton Beach has proceeded with obtaining a change in jurisdiction for that portion within their'boundaries (BOCC action on September 24, 1991). We are now following through on the matter. City Commission Documentation Resolution Re Transfer of 'Jurisdiction Re Dixie Highway Page 2 ~'~ RECOMMENDED ACTION: Adopt the. attached Resolution which requests a transfer of jurisdiction of this roadway and which directs the City Administration to pursue such a transfer. Attachment: * County Engineering letter of March 4, 1991 * Resolution DJK/#86/CCDIXIE. TXT Board of County Commissioners CounD' Administrator Ka'ren T. ~larcus, Chair Ja, wi,,L.r~ Carole Phillips, Vice Chair Carol A. Roberts '-' -ol J. Elmquist ~ l)epartmcn, .f I'.ginccring y McCart)' ~ and I't,l~lit' \V.rks Ken Foster Maude Ford Lee March 4, 1991 Kathleen E. Dearden Planner II City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 SUBJECT: DIXIE HIGHWAY NORTH OF N.E. 8TH STREET TO NORTH CITY LIMITS OF DEL~Y BEACH Dear Ms. Dearden: I am writing in reply to your letter of February 26, concerning the ultimate right-of-way for the subject roadway. While this section of Dixie Highway does not appear.on the Thoroughfare Plan, it does serve the function of a collector road, has considerable continuity and provides access to commercial, as well as residential properties. Given these considerations, the County's position is that an 80' wide right- of-way is appropriate for this facility. Such a right-of-way provides the opportunity for the construction of appropriate turn lanes, utilities, drainage and future road widening. I hope this is sufficient to fill your needs. Please feel free to contact me if you have any questions. Sincerely, OFFICE OF THE COUNTY ENGINEER Engineering Assistant III - Traffic Division ASH:emg cc: Charles R. Walker, Jr., P.E. - Director, Traffic Division ~.~ Bev Hansen - Right of Way Acquisition ....~.'. ~ File: Roads- S. R. 5 '~~--~ ash\dixie ]~. ~k~'- , BOX 2429 $¥EST PALM BEACtt. FLORIDA 33402-2429 (407) 684-4000 ~ -~ ~ ~ pt~nted on tecyc~d paper RESOLUTION NO.79-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA REQUESTING THE TRANSFER OF THE JURISDICTIONAL POWERS FROM PALM BEACH COUNTY TO THE CITY OF DELRAY BEACH, FOR THAT RIGHT-OF-WAY OF DIXIE HIGHWAY WHICH EXTENDS FROM N.E. 8TH STREET (AKA GEORGE BUSH BOULEVARD) TO GULFSTREAM BOULEVARD (THE NORTHERN- MOST CITY LIMITS). WHEREAS, the City Commission of the City of Delray Beach, Florida desires that it have jurisdictional power for the right-of-way for Dixie Highway, as it lies within the municipal boundaries, of the City of Delray Beach from N.E. 8th Street (aka George Bush Boulevard) to Gulfstream Boulevard (the northernmost City limits); and, WHEREAS, said portion of Dixie Highway north of Gulfstream Boulevard is not under County jurisdiction but is under the jurisdiction of the City of Boynton Beach; and, WHEREAS, said Dixie Highway does not function as a collector road, nor as a County road travelling through more than one municipality; and, WHEREAS, said Dixie Highway currently is within the jurisdiction of Palm Beach County, NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby requests that Palm Beach County transfer jurisdiction for that portion of Dixie Highway which extends from N.E. 8th Street (aka George Bush Boulevard)' to Gulfstream Boulevard (the northermost City limits) to the City of Delray Beach. Section 2. That the City Commission of the City of Delray Beach, Florida, hereby authorizes and directs the City Clerk to forward a copy of this Resolution to Palm Beach County, Traffic Engineering Division and further directs the City Administration to pursue transfer of said Dixie Highway from Palm Beach County to the City of Delray Beach. Section 3. That this Resolution shall take effect immediately upon passage. PASSED, AND ADOPTED in regular session on this the 8th day of October, 1991. MAYOR ATTEST: City Clerk Carole Phillips Jan Winters County Commissioner ~ County Adminislxator District Five October 23, 1991 Ms. Alison MacGregor Harty City Clerk, City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 RE: Resolution No. 79-91 Dear Ms. Harty: Thank you for sending a copy of the above-referenced resolution. This resolution will be forwarded to County Administration to be placed on the Board of County Commissioners agenda at the earliest possible date. Please be assured of our cooperation on this matter. If I or my staff can be of assistance, please do not hesitate to telephone us at 276-1310 in south county or 355-2205 in West Palm Beach. Sincerely, Carole Phillips County Commissioner District 5 CP/bg cc: County Administration "An Equal Opportunity - Affirmative Action Employer" ~c~p,,,,,e,~ o,~,ec~,c~edp~,~, BOX 1989 WEST PALM BEACH, FLORIDA 33402-1989 Bohrd of'County Commissioners County Administrator Karen T. Marcus, Chair Jan Winters Carole Phillips, Vice Chair Carol A. Roberts Carol J. Elmquist Mary McCarty Ken Foster October 24, 1991 Ms. Alison MacGregor Harty, City Clerk City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear Ms. Harry: Thank you for sending me a copy of your Resolution No. 79-91 requesting the transfer of the jurisdictional powers from the County to the City for the right-of-way of Dixie Highway which extends from N.E. 8th Street to Gulfstream Boulevard. I have forwarded your Resolution to County Administration with a request that it be placed on the next available Board agenda to be received and filed into the official records. I have also forwarded a copy of your correspondence to Commissioners Mary McCarty and Carole Phillips, for their information as well. If I may be of further assistance in any way, please don't hesitate to contact me. ) S/nce~ly, oat~ of County Commissioners ; KTM/pw { cc(w/eric): Diane Bethel, County Administration Commissioner Phillips Commissioner McCarty George T. Webb, Acting County Engineer "An Equal Opportunity - Affirmative Action Employer" BOX 1989 WEST PALM BEACH, FLORIDA 1t402-1989 ~ printed on recycled pal>er Bohrd o[ County Commissioners County Administrator Karen T. Marcus, Chair Jan Winters Carole Phillips, Vice Chair Carol A. Roberts Carol J. Elmquist Mary McCarty Ken Foster Maude Ford Lee November 5, 1991 Ms. Alison MacGregor Harty, City Clerk City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Dear Ms. Harty: This letter acknowledges receipt of Resolution No. 79-91 of the City Commission of the City of Delray Beach, Florida requesting the transfer of the jurisdictional powers from Palm Beach County to the City of Delray Beach, for that right-of-way of Dixie Highway which extends from N.E. 8th Street (AKA George Bush Boulevard) to Gulfstream Boulevard (the northernmost city limits). The Palm Beach County Board of County Commissioners officially received and filed your correspondence at the November 5th Board meeting. A copy of the resolution was forwarded to Haney Frakes, Assistant County Engineer. Sincerely, Administrative Secretary cc: Haney Frakes, Assistant County Engineer "An Equal Opportunity- Affirmative Action Employer' BOX 1989 WEST PALM BEACH, FLORIDA 33402-1989 printed on recvcled paper (407) 355-2030 Suncom (407) 273-2030