Res 20-85 RESOLUTION NO. 9.0-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA AUTHORIZING PARTICIPATION IN PALM BEACH
COUNTYtS nFAIR SHARE CONTRIBUTIONS FOR ROAD IMPROVE-
MENTS ORDINANCEt~ AND PROVIDING FOR INVOLVEMENT OF THE
CITY OF DELRAY BEACH IN THE EXPENDITURE OF UP TO FIFTY
PERCENT OF THE FUNDS COLLECTED WITHIN THE CITY OF
DELRAY BEACH; DIRECTING THE CITY CLERK TO PROVIDE
COPIES OF THIS RESOLUTION TO THE MEMBERS OF THE BOARD
OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA.
WHEREAS, the Board of County Commissioners on June 19, 1979 adopted
Ordinance 79-7 entitled "Fair Share Contribution for Road Improvements Ordinance';
and,
WHEREAS, said Ordinance 79-7, as amended, has withstood judicial review at
both the ~ircuit Court and Appellate Court levels; and,
WHEREAS, said Ordinance 79-7, as amended, provides for the inclusion of all
municipalities to the Ordinance unless there is a conflicting ordinance according to
Chapter 125, Florida Statutes; and,
WHEREAS, Section VIII of said Ordinance requires the Board of County
Commissioners~ approval prior to the disbursal of any funds collected under the
provisions of this Ordinance 79-7, as amended; and,
WHEREAS, certain zones are wholly or partly within boundaries of the City of
Delray Beach, Florida; and,
WHEREAS, the Board of County Commissioners wishes to cooperate with the
individual municipalities to provide the most effective roadway system for all of the
citizens within Palm Beach County, Florida; and,
WHEREAS, the Board of County Commissioners wishes to adopt a policy
concerning the involvement of the municipalities in the disbursement of funds collected
within the municipal limits, and the City of Delray Beach wishes to participate in this
proKram.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City of Delray Beach shall participate in the disburse-
~nent of funds collected within its boundaries as follows:
A. The County Engineer will yearly recommend a list of proposed projects for
each zone within the City of Delray Beach after consulting with the City of
Delray Beach concerning the priorities of the City of Delray Beach.
B. This list shall be sent to the City of Delray Beach for its review and
comment.
C. In the event that the City of Delray Beach disagrees with the County
Engineer's recommendation, the City of Delray Beach can request by resolu-
tion that up to fifty percent (50%) of the funds collected in the municipality
through the provisions of Ordinance 79-7, as amended, be used for projects
as requested by the City of Delray Beach.
D. The Board of County Commissioners, upon receipt of the City of Delray
Beach~s request, will allow that sum of money, up to fifty.percent (50%) of
funds collected within the City of Delray Beach boundary through the
provisions of Ordinance 79-7, as amended, to be used for road projects as
requested by the City of Delray Beach, in accordance with the City of Delray
Beach's request per the above subparagraph (C) and consistent with the
requirements of Ordinance 79-7, as amended.
Section 2. That the City Clerk is hereby directed to furnish copies of this
Resolution to members of the Board of County Commissioners of Palm Beach County,
Florida.
PASSED AND ADOPTED in regular session on this 12th day of
March , 19 85 .
MAY~R '~'
ATTEST:
2 RES.. NO. 20-85