Res 105-90 RESOLUTION NO. 105-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ADOPTING AND SETTING FORTH
ITS POSITION REGARDING THE JURISDICTION AND
AUTHORITY OF PALM BEACH COUNTYWIDE PLANNING COUNCIL.
WHEREAS, the City Commission of the City of Delray Beach,
Florida adopted Resolution ........ ~ ,,.~.~:-~ transmitted a response to
findings made by the Pal~ Beach County Planning Council as to potential
jurisdictional incompatibilities of the City of Delray Beach, Florida's
Comprehensive Plan, on September 25, 1990; and,
WHEREAS, the City Commission of the City of Delray Beach
understands that the Charter of Palm Beach County, Florida, authorizes
the Palm Beach Countywide Planning Council to settle interjurisdictional
incompatibilities related to land use designations; and,
WHEREAS, ~he City Commission of the City of Delray Beach
believes, however, that the imposition of any policies, other than those
related directly to land use designations is beyond the jurisdiction of
the Palm Beach County Planning Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City of Delray Beach, Florida by
transmitting to the Palm Beach Countywide Planning Council its response
to the findings of the Palm Beach Countywide Planning Council regarding
potential interjurisdictional incompatibilities with the City of Delray
Beach Comprehensive Plan by virtue of the adoption of Resolution 91-90,
did not intend to waive any rights to contest the jurisdiction or
authority of the Palm Beach Countywide Planning Council.
Section 2. That the City of Delray Beach, Florida believes
that the Palm Beach Countywide Planning Council does not have the
authority or jurisdiction to impose policies on the City of Delray Beach
which are not directly related to interjurisdictional incompatibilities
regarding land use designations; and,
Section 3. That the City of Delray Beach, Florida takes the
position that the City is not bound by policies attempted to be imposed
on the City by the Palm Beach Countywide Planning Council not directly
related to inter jurisdictional incompatibilities regarding land use
designations.
Section 4. That the City of Delray Beach does not consent to
or acknowledge the jurisdiction of the Palm Beach County Planning
Council and reserves the right to question the jurisdiction and/or
authority of the Palm Beach Countywide Planning Council with' regard to
all policies which are not related to inter jurisdictional
incompatibilities regarding land u-~e designations, now and in the
future.
PASSED AND ADOPTED in regular session this the 23rd day of
ATTEST:
Asse ~it¥ Clerk