Res 86-91 RESOLUTION NO. 86-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DEL~Y BEACH, FLORIDA, ~QUESTING THE T~NSFER OF THE .' :
JURISDICTIONAL PO~RS FROM PALM BEACH CO~ TO T~
CITY OF DELRAY B~CH, FOR THE FOLLOWING RIGHT-OF-WAY:
SWINTON A~NUE, EXTENDING FROM THE SOUT~ BO~DARY
OF SOUTH 10TH ST~ET TO THE NORTHE~ BO~DARY OF NORTH
22ND ST~ET WITHIN Tm CI~ OF DEL~¥ BEACH, FLORIDA.
~EREAS, the City Commission of the City of Delray Beach,
Florida, desires that it have jurisdictional power for the following
right-of-way, as it lies within the municipal boundaries of the City of
Delray Beach: Swinton Avenue, extending from the southern boundary of
South 10th Street to the northern boundary of North 22nd Street; and,
WHE~AS, said portion of Swinton Avenue is under the
jurisdiction of Palm Beach County; and, .~
WHEREAS, said portion of Swinton Avenue, which lies within the
City's municipal boundaries, functions as a local street and should be
under the jurisdiction and maintenance of the City of Delray Beach,
NOW, T~REFORE, BE IT ~SOL~D BY THE CI~ COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOL~WS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, hereby requests that Palm Beach Co~ty transfer
jurisdiction and maintenance for the following right-of-way within the
City limits of Delray Beach, to-wit: Swinton Avenue, extending from the
southern boundary of South 10th Street to the northern boundary of North
22nd Street.
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 f~ther directs the City Administration to pursue transfer
of said portion of Swinton Avenue to the City of Delray Beach.
Section 3. That this resolution shall take affect immediately
upon passage.
PASSED AND ~OP~D in re~lar session on this the 29th day of
October, 1991.
ATTEST~
City CIer~ ~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~7~
SUBJECT: AGENDA ITEM ~ ~ ~ - MEETING OF OCTOBER 29, 1991
RESOLUTION NO. 86-91
sdictional
Dn Avenue extended
eacrest Boulevard
TO: ~1~-1 ~c'~ o~,C=~ DATE: ,o1%1\%1 ~d; and, N.E. 22nd
FROM: ~ L~~~_ .n Avenue has been
SUB~: L~~,~ (A~=-~u~°~D Lp between Swinton
on the County
Seacrest has been
e history of this
~~ ~ ~ ~u o~ ~ ~ item.
RESOLUTION NO. ~91
A RESOLUTION FO THE CITY COMMISSSION 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 THE FOLLOWING RIGHT-OF-WAYS:
SWINTON AVENUE WHICH EXTENDS FROM S. 10TH STREET TO
THE NORTH CITY LIMITS; SEACREST BOULEVARD (N.E. 2ND
AVE.) WHICH EXTENDS FROM N.E. 4TH STREET TO GULFSTREAM
BOULEVARD (NORTH CITY LIMITS); AND N.E. 22ND STREET,
BETWEEN SWINTON AVENUE AND SEACREST BOULEVARD.
WHEREAS, the City Commission of the City of Delray
Beach, Florida, desires that it have jurisdicational power
for the following rights-of-way, as they lie within the
municipal boundaries of the City of Delray Beach: Swinton
Avenue, which extends from S. 10th Street to the
northernmost City limits; Seacrest Boulevard (N.E. 2nd
Avenue) which extends from N.E. 4th Street to Gulfstream
Boulevard (northernmost City limits); and N.E. 22nd Street
between Swinton Avenue and Seacrest Boulevard; and,
WHEREAS, said portion of Swinton Avenue, Seacrest
Boulevard and N.E. 22nd Street are under the jurisdiction of
Palm Beach County; and,
WHEREAS, said portion of N.E. 22nd Street does not
function as a collector road travelling through more than
one municipality; and,
WHEREAS, said portions of Swinton Avenue, Seacrest
Boulevard and N.E. 22nd Street, which lie within the City
municipal boundaries function as local streets, and should
be under the Jurisdiction and maintenance of the City of
Delray Beach; and,
WHEREAS, said portion of Seacrest Boulevard is not
listed as a County maintained roadway, pursuant to their
roadway maintenance list; and
WHEREAS, said portion of Swinton Ave. north of N.E.
22nd Street is not maintained by the County pursuant to
-their roadway maintence list nor is it noted on the County
Throughfare Protection Map; thus it is a local City roadway,
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 and maintenance for that
following rights-of-way within the City limits of Delray
Beach; Seacrest Boulevard (N.E. 2nd Avenue) which extends
from N.E. 4th Street to Gulfstream Boulevard (northernmost
City limits); and N.E. 22nd Street between Swinton Avenue
and' Seacrest Boulevard.
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 Adminstration to pursue transfer of said
portions of Swinton Avenue, Seacrest Boulevard (N.E. 2nd
Avenue) and N.E. 22nd Street 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 29th
day of October, 1991.
MAYOR
CITY COMMISSION DOCUMENTATION
TO: //'--~YA~ID T. HARDEN, CITY MANAGER
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 29, 1991
TRANSFER OF JURISDICTION~ SWINTON AVENUE & SEACREST
BOULEVARD
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a Resolution through which the City is seeking
transfer of jurisdiction of Swinton Avenue from Palm Beach
County to the City of Delray Beach. Because of the
relationship between Swinton Avenue and Seacrest Boulevard
(re a linked pair on the County Thoroughfare Plan and the
MPO Transportation Plan), a transfer of Seacrest would also
be appropriate. It is significant to note that the
existence of the Swinton/Seacrest paired link is the basis
for the City not having to have a CRALLS designation on
Swinton and also allows us to distribute traffic over both
roadways in our CBD-GAE analysis.
The affected roadway links are:
* Swinton Avenue from S. 10th Street, to the north City
limits (N.W. 25th Court/Mission Hill Road); and,
* Seacrest Boulevard from N.E. 4th Street to the north
City limits (Gulfstream Blvd); and,
* the linkages of N.E. 8th Street and N. E. 22nd Street
which exist between Swinton and Seacrest.
The item is being placed before the City Commission in
response to neighborhood concerns with the status of Swinton
Avenues potential road widening.
BACKGROUND:
The subject of "transfer of jurisdiction" of Swinton Avenue has
been discussed several times for various reasons. Initial
discussions were directed toward an effort to prevent "four
laning" as once depicted on the MPO 2010 Transportation Plan. A
subsequent issue was that of not requiring additional
right-of-way per the Thoroughfare Plan. The most recent issue is
City Commission Documentation
Transfer of Jurisdiction, Swinton Avenue and Seacrest Boulevard
Page 2
the presumed need to have Swinton Avenue under municipal
jurisdiction in order to proceed with the "Swinton
Beautification" project. Another matter is that of determining
clear jurisdiction with respect to maintenance responsibilities
for the "linkages" and "appendages" which are a part of the
described roadways.
Issue Resolution: Some of the above issues that have been
resolved are as follows:
re: MPO Transportation Plan: A note is affixed to the Plan that
Swinton, north of Lake Ida Road, is designated as a two-lane
facility.
re: County Thoroughfare Protection Plan: A current (in process)
amendment to the Plan provides that the ultimate right-of-way
width for Swinton and Seacrest is sixty feet (60'). Also, that
portion of Swinton extending north of 22nd Street is not shown on
the Thoroughfare Plan; thus, it is assumed to be a local street.
re: Maintenance Responsibilities: The County Administration has
identified those streets, within the municipal boundaries, which
they have continued to provide maintenance. Further, they have
proposed that the maintenance responsibility for all "local"
streets be transferred to the City. This would confirm transfer
of jurisdiction for that portion of Swinton, north of 22nd
Street.
Current Status Re Jurisdictional Responsibilities:
Link MPO Plan ROW Plan Maintenance
Swinton:
S. 10th to N. 4th 4L (*80') 60' County
N. 4th to N. 22nd 2L (*80') 60' County
N. 22nd to City Limit not shown not shown County
Seacrest/N.E. 2nd Ave:
Atlantic to NE 4th St not shown not shown City
NE 4th to City Limit 4L (*80') 60' City
N.E. 8th Street Linkage:
Swinton to Seacrest not shown 80' City
N.E. 22nd Street Linkage:
Swinton to Seacrest 4L 80' County
* PROPOSED CHANGES
City Commission Documentation
Transfer of Jurisdiction, Swinton Avenue and Seacrest Boulevard
Page 3
Beautification Issue: The issue associated with the
"Beautification of Swinton" is the reasoning that as long as
Swinton is under the jurisdiction of the County, their rules will
apply and the beautification project cannot be carried out. The
Director has two concerns with applying this reasoning at the
present time. One is that we have not yet prepared even a
conceptual design for Swinton. The second is that our City
Engineer and City Traffic Engineer are bound to the same
"standards" as is the County. Thus, wrestling away jurisdiction
and assuming more responsibility at this time may not be
productive as to the assumed problems which may arise.
An alternative approach to this matter is to; first, prepare the
concept design program and assess it vis-a-vis the general
engineering standards which will apply (i.e. what will the City
Engineer accept under his jurisdiction); second, review the
conflicts with the County and determine whether or not they will
permit the project under an interlocal agreement wherein the City
accepts responsibility for the improvements (maintenance) and
general liability; third, if they decline, seek total
jurisdiction.
Argument AGAINST Transfer of Jurisdiction: The County argument
against total transfer of jurisdiction (of Swinton) is assumed to
be that:
* it would disrupt the continuity of an intermunicipal roadway
linkage (Dixie Highway - Swinton - Seacrest in Boca Raton,
Delray Beach, and Boynton Beach respectively);
* the link is a part of the MPO Transportation Plan;
* the link is shown on the State Functional Classification
Plan as a "County urban collector";
* in future, if roadway improvements (i.e. turn lanes) are
necessary to improve traffic conditions, the City would have
to bear total improvement costs;
and that it is the responsibility of the County to insure that
such linkages are maintained.
DIRECTOR'S ASSESSMENT:
Significant progress has been made in changing official documents
(MPO Plan, County Thoroughfare Plan) with respect to projected
laneage and ultimate right-of-way requirements for Swinton and
Seacrest. The ability to "go over" the adopted L.O.S. for
Swinton - as a result of CBD redevelopment - is being addressed
(favorably) through the CBD-GAE program.
City Commission Documentation
Transfer of Jurisdiction, Swinton Avenue and Seacrest Boulevard
Page 4
Inconsistencies remain with respect to jurisdiction and
maintenance responsibilities on "linkages" and "appendages".
These items can, most appropriately, be addressed through staff
contacts and working "through the system".
The "Beautification of Swinton" is not yet conceptualized via a
sketch or concept plan (i.e. written, graphic document). Thus,
pursuit of a change in jurisdiction only for this issue does not
appear appropriate at this time.
PLANNING AND ZONING BOARD CONSIDERATION:
The Comprehensive Plan, Traffic Element A-7.7, addressed only the
policy to reduce the right-of-way on Swinton (80' to 60') and
that item is being accomplished (currently such an amendment is
before the County Commission).
Any resulting changes (from the proposed transfer being
accommodated) to the Comprehensive Plan would be those of a data
nature and not policy.
While the Planning and Zoning Board has not formally reviewed
this item, it does not appear that they need to do so in their
role as the Local Planning Agency.
RECOMMENDED ACTION:
Commission discretion.
DJK/#87/CCSWINT.TXT
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Listing page
III-C-27 ·
I~oard of County Commissioners County Administrator
Karen T. Marcus, Chair Jan V~'inters
Carole Phillips, Vice Chair
Carol A. Roberts
Carol J. Elmquist
Mary McCarty
Ken Foster
Maude Ford kee
November 19, 1991
Ms. Alison MacGregor Harty, City Clerk
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Ms. Harty:
Thank you for sending me a copy of your Resolution~No. 86-91
requesting the transfer of the jurisdictional powers from the
County to the City for the right-of-way of Swinton Avenue, which
extends from the southern boundary of South 10th Street to the
northern boundary of North 22nd Street.
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.
If I may be of further assistance in any way, please don't
hesitate to contact me. Si ~~~
/
KTM/pw
cc(w/eric): Diane Bethel, County Administration
"An Equal Opportunity - Affirmative Action Employer"
BOX 1989 WEST PALM BEACH, FLORIDA ~]402-1989
~x~ printed on recycled paper