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Res 40-86 RESOLUTION NO. 40-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING AN "ENTERPRISE ZONE" IN THE CITY PURSUANT TO CHAPTER 290, FLORIDA STATUTES; STATING THE PURPOSE OF THE DESIGNATION OF AN ENTERPRISE ZONE; ADOPTING A PROGRAM OF LOCAL PARTICIPATION TO BE CONDUCTED IN THE ENTERPRISE ZONE IF GRANTED STATE APPROVAL; AND FOR OTHER PURPOSES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Delray Beach, Florida, has established that economic and community development of distressed areas is a public purpose and that local residents and the private sector should be assisted to revitalize such areas; and, WHEREAS, the City Council of the City of Delray Beach, Florida, desires to participate in the Florida Enterprise Zone Program (Chapter 290, F.S.) to induce the investment of private resources in productive business enterprises located in distressed areas; and, WHEREAS, there exists an area within the corporate boundaries of the City of Delray Beach which contains a large number of commercial buildings which are deteriorated or deteriorating as well as a large number of substandard units which contribute to ill health and other potential dangers for their residents, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the area described in Exhibit "A" and illus- trated on a map attached to this Resolution, is hereby designated as a locally approved enterprise zone pursuant to Section 290.0055 (1), Florida Statutes. Section 2. That the City Council of the City of Delray Beach, Florida, does hereby request State approval of the herein attached.area from the Secretary of the Department of Community Affairs of the State of Florida pursuant to Section 290.065, Florida Statutes, to certify this area as eligible for the benefits contained in Section 290.007 (1), Florida Statutes. Section 3. That the City Council of the City of Delray Beach, Florida, hereby commits to enact the following program of local partici- pation, contingent upon State approval, within the boundaries of the enterprise zone: 1. That the City of Delray Beach, Florida, shall implement provisions of the occupational license fee abatement program adopted pursuant to Section 205.054, Florida Statutes, in accordance with Ordinance No. 50-86 attached hereto as Exhibit "B". 2. That the City of Delray Beach, Florida, shall implement provisions of the utility tax exemption program adopted pursuant to Section 166.231 (B), Florida Statutes, in accordance with Ordinance No. 49-86 attached hereto as Exhibit "C". 3. That the City of Delray Beach, Florida, shall expend a portion of its annual allotment of funds awarded under the Community Development Block Grant within the boundaries of the locally designated enterprise zone in at least the same proportion as the land area of the designated enter- prise zone is to the entire Community Development Block Grant target area. 4. That the City of Delray Beach, Florida, may authorize the issuance of Industrial Revenue Bonds to finance the undertaking of community redevelopment activities within the locally designated enterprise zone pursuant to the authority granted under Section 163.385, Florida Statutes. 5. That the City of Delray Beach, Florida, will target locally generated funds for capital improvement projects to the locally designated enterprise zone specifically for street resurfacing, drainage improvements and parking lot construction, in accordance with budget approvals and as delineated in the attached application in proportion to City-wide needs. 6. That the City of Delray Beach, Florida, will provide the following additional services to the designated enterprise zone; (1) twice a year special trash pick up services, (2) additional police services through a specially formed Tactical Unit which will concentrate on drug related crime, (3) increased code enforcement activities to include inspections and education and (4) a specialized fire education program if grant approved. 7. That the City of Delray Beach, Florida, will endeavor to reduce the impact of specific local government regulations within the designated enterprise zone. These include the reduction of commercial development parking requirements, reduced landscape buffers, reduced height/intensity requirements and zoning changes (specifically the imple- mentation of a Residential Office zone in a portion of the area) . Section 4. That this Resolution shall take effect immediately upon its passage. PASSED AND ADOPTED in regular session on this the 12th day of August, 1986. MAYOR ATTEST: -2- Res. No. 40~86 EXHIBIT "A" Beginning at the southwest corner of Section 16 Range 43 Township 46 then going eastward along the south section line of Section 16 to the intersection of said section line and the west right-of-way of the F.E.C. Railroad, thence proceeding northward along said F.E.C. west right-of-way line to the intersection of said right-of-way line with the centerline of the right-of-way of N.E. 4thiStreet then pro- ceed westerly along said centerline of right-of-way to the intersec- tion point of the right-of-way centerline of N.E. 4th Street and right-of-way centerline of N.E. 1st Avenue, then south along the right-of-way centerline of N.E. 1st Avenue to the intersection of right-of-way centerlines of N.E. 1st Avenue and N.E. 3rd Street; then proceed westerly along the right-of-way centerline of N.E. 3rd Street to the intersection Of said right-of-way centerline with the right-of-way centerline of Swinton Avenue; then proceed northward along the right-of-way centerline of Swinton Avenue to the inter- section of said right-of-way line and the westerly projection of the north line of the subdivision described on page 86 of Plat Book 12 of Palm Beach County Records; thence proceed westerly along said projection to the centerline of the eastern-most alley described on said plat; thence proceeding south along the alley centerline projection to the intersection of said projection and the right-of- way centerline of N.W. 2nd Street; thence westerly along the right- of-way centerline of N.W. 2nd Street to the east right-of-way of 1-95; thence northward along the 1-95 east right-of-way to the intersection of the east I295 right-of-way and the north section line of Section 17 Range 43 Township 46; thence westerly along said section line to the section corner, continuing west along EXHIBIT "A" continued the north section line of Section 18, Range 43, Township 46 to the east right-of-way of Congress Avenue; thence south along the east right-of-way of Congress Avenue to the intersection of said east right-of-way and the south section line of Section 18 Range 43, Town- ship 46; proceed~easterly along said section line to the intersection of the section line and the east right-of-way of 1-95; thence north- ward along the 1-95 east right-of-way to right-of-way centerline of S.W. 2nd Street; thence eastward along said right-of-way center- line to the right-of-way centerline of Swinton Avenue; thence south- ward along right-of-way centerline of Swinton Avenue to the South- west section corner of Section 16 Range 43 township 46 (i.e., point of beginning). Excluding the following parcels: Parcel 1: The south 300 feet of the north 2005 feet of the west 100 feet of the NE¼ (Sect 18-Range 43-Townskip 46) lying east of a line 550 feet west of the' centerline of the S~L Railroad right-of-way.-. Parcel 2: The north 105 feet of the south 425 feet of the west 100 feet of the east 500 feet of the north ½ of the SE ¼ of NE ¼ (Sect 18-Range 43-Township 46) lying west of the SCL Railroad right-of-way.' And excluding those portions of the following parcels lying east of the east right-of-way of Congress Avenue: Parcel 3: The southerly 405 feet of the northerly 2005 feet of the NE ¼ (Section 18, Range 43, Township 46) lying east of the east right-of-way of Lake Worth'Drainage District - 2 - EXHIBIT "A" continued E-4 Canal and west of a line parallel to and 550 feet west of the centerline of the SCL Railroad right-of-way less the Congress Avenue right-of-way. Parcel 4: The southerly 200 feet of the northerly 1625 feet of the NE ¼ (Section 18, Range 43, Township 46) lying east of the Lake Worth Drainage District E-4 Canal right-of-wa~ and west of right-of-way line of the SCL Railroad, less the easterly '300 feet and Congress Avenue right-of-way. Parcel 5: SW ¼ of the SW ¼ of the SE ¼ of the NE ~ (less the west 53 feet), South ½ of the SE ¼ of the SW ¼ of NE ¼'(less the east 53 feet) and South ½ of SW ¼ of SW ¼ of the NE ~, (Section'S8, Range 43, Township 46) lying ~ast of the Lake Worth Drainage District E-4 Canal. And excluding the following parcels Parcel 6: East 1/2 of the NW 1/4 of NE 1/4 of SE 1/4 (Section 18, Range 43, Township 46) lying north of old SR 806 and south of and adjacent to new SR 806 less the 1-95 right- of-way. Parcel 7: East 1/2 of NW 1/4 of NE 1/4 of SE 1/4 (Section 18, Range 43, Township 46) lying north and adjacent to SR 806 less the 1-95 right-of-way. Parcel 8: The north 50 feet of the west 1~2 of the NW 1/4 of the NE 1/4 of the SE 1/4 (Section 18, Range 43, Town- ship 46) ~ying north of SR 806 less the west 53 feet. - 3 - EXHIBIT "B" ORDINANCE NO. 50-86 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 15, "LICENSES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY ENACTING A NEW SECTION 15.14, "LICENSE TAX REDUCTION WITHIN AN ENTERPRISE ZONE", PROVIDING FOR A REDUCTION BY 50 PERCENT (50%) OF THE LICENSED TAX TO BE PAID TO THE CITY BY PERSONS ENGAGING IN OR MANAGING ANY BUSINESS, PROFESSION OR OCCUPATION WITHIN THE ENTERPRISE ZONE OF THE CITY OF DELRAY BEACH. PROVIDING A SAVINGS CLAUSE, PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IN ORDAINED BY THE CITY COUNCIL OF DELRAY BEACH, FLORIDA AS FOLLOWS: ~.~. That section 15-14. "License tax reduction within an enterprise zone" of the Code of Ordinances of the City of Delray Beach, Florida, shall be and the same is hereby enacted to read as follows: Section 15-14. License tax reduction within an enterprise zone. Within the City's enterprise zones individual license tax paid to the City by persons engaging or managing or transacting in any business shall be reduced by 50 percent (50%). Any such license issued within the enterprise zone is non-transferable. Prior to obtaining a license at a 50 percent (50%) reduction, an individual shall be required to file, with the license application, a verified statement indicating the permanent business location is within the enterprise zone. ~f~. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. ~. Than this ordinance shall become effective from the City of Delray Beach receiving enterprise zone approval pursuant to Section 290.012-290.015 of the Fla. Stat. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 198 . MAYOR ATTEST: City Clerk First Reading. Second Reading.