14-026 ii
1 ORDINANCE NO. 14 -026
2
3 ' , AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
41 FLORIDA, APPROVING AN AMENDED COMMUNITY
5 i REDEVELOPMENT PLAN TO CLARIFY THE TIME
6 j CERTAIN FOR THE COMPLETION OF PROJECTS
7 DESCRIBED IN THE COMMUNITY REDEVELOPMENT
8 PLAN; PROVIDING AUTHORITY TO MODIFY OR
9 AMEND SAID PLAN; PROVIDING FOR REPEAL OF ALL
10 , ORDINANCES IN CONFLICT, SEVERABILITY; AND AN
11 EFFECTIVE DATE.
12
13 WHEREAS, the Legislature of the State of Florida enacted Part III of Chapter 163,
14 Florida Statutes, (The Community Redevelopment Act of 1969, referred to as "The Act "); and
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16 WHEREAS, the City Commission of the City of Boynton Beach, Florida, pursuant to
171 the Act has created the Boynton Beach Community Redevelopment Agency; and
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19 WHEREAS, the City Commission, pursuant to the Act, has previously adopted and
2011 amended the Community Redevelopment Plan; and
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2211 WHEREAS, the City Commission, pursuant to the Act, has declared areas of
23 1 Boynton Beach, as described in the Community Redevelopment Plan, as it has been amended
24, 1 from time to time, to be a blighted area as defined in the Act, and that the rehabilitation,
251 conservation or redevelopment, or combination thereof, of such area is necessary in the
261 interest of the public health, safety, moral's, or welfare of the residents of the City of Boynton
271 Beach; and
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29 WHEREAS, the City Commission, pursuant to the Act, finds that the areas of
30 Boynton Beach described in the Community Redevelopment Plan, as it has been amended
31 from time to time, remain blighted as defined in the Act, and that the rehabilitation,
32 conservation or redevelopment, or combination thereof, of such area is necessary in the
33 interest of the public health, safety, morals, or welfare of the residents of the City of Boynton
34 Beach; and
35
36 WHEREAS, the Community Redevelopment Plan, as it has been amended from time
37 to time, does not currently contain a time certain for the expiration of the Community
381 Redevelopment Agency; and
391
4011 WHEREAS, the City Commission finds that it would be beneficial to clarify or
41 1 1 extend the time certain in order to make the Community Redevelopment Plan consistent with
42 the Florida Statutes, the bonds issued to fund the Community Redevelopment Agency, the
43 TIF funding for the Community Redevelopment Agency, and the projects described in the
44 Community Redevelopment Plan; and
45
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2 WHEREAS, the City Commission has held a public hearing after public notice in
3 conformance with the requirements of the Act; and
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5 WHEREAS, the Boynton Beach Community Redevelopment Agency has provided
6 notice to the taxing authorities in conformance with the Requirements of the Act; and
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811 WHEREAS, the City Commission has determined that this ordinance is for a proper
9 j ' purpose and in the best interests of Boynton Beach;
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121 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
131 CITY OF BOYNTON BEACH, FLORIDA THAT:
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151i Section 1: The WHEREAS clauses set forth above are adopted herein as findings of fact.
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17 Section 2: The Time Certain Appendix to all currently existing Community
18 Redevelopment Plans and parts thereof, for the redevelopment areas, the boundaries of which
19 are described in the Community Redevelopment Plans and parts thereof, having been duly
20 received and considered as provided by law, is hereby approved and adopted as attached
21 hereto as Exhibit "A" and made a part of this ordinance by reference. Said Appendix is
22 hereby designated as the Time Certain Appendix to the existing Community Redevelopment
23 Plans and parts thereof. It is the purpose and intent of the City Commission that this
24 ! Appendix become an appendix to all currently existing Community Redevelopment Plans and
25 parts thereof.
26
27! Section 3: It is hereby found and determined that the aforementioned Community
281 Redevelopments Plans and parts thereof, as amended by the Time Certain Appendix attached
291 hereto as Exhibit "A," continue to:
301
311 (1) Conform with the Community Redevelopment Act of 1969, as amended;
32 ! I (2) Are necessary and in the interests of public health, safety, morals and welfare of
33 ! I the residents of the City of Boynton Beach, and will effectuate the purpose of the
34 1 Act by revitalizing the area economically and socially, thereby increasing the tax
351, base, promoting sound growth, improving housing conditions, and eliminating the
36 l l conditions which the Florida Legislature has found in the Act to constitute a
371 menace which is injurious to the public health, safety, welfare and morals of the
38 residents;
39 (3) Are sufficiently complete to indicate such land acquisition, demolition and
4011 removal of structures, redevelopment, improvements and rehabilitation as may be
41 proposed to be carried out in the community redevelopment area; zoning and
42 planning changes, if any; land uses; maximum densities; and building
43 1 requirements;
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(4) Will not result in the displacement of families from the community redevelopment
45 areas, and therefore it is not necessary to provide a feasible method for the location
46 I of families displaced from the community redevelopment area;
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1 (5) Conform to the general plan of the City of Boynton Beach as a whole;
21, (6) Give due consideration to the provision of adequate park and recreational areas
31 and facilities that may be desirable for neighborhood improvement, with special
41 consideration for the health, safety and welfare of children residing in the general
5+ vicinity of the site covered by the Community Redevelopment Plans and parts
61 thereof; and
7 i (7) Will afford maximum opportunity, consistent with the sound needs of the City of
8 i Boynton Beach as a whole, for the rehabilitation or redevelopment of the
91 , community redevelopment areas by private enterprise.
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11 Section 4: The Appendix attached hereto as Exhibit "A" conforms with the Act, as
12 amended.
13
14 Section 5: The Community Redevelopment Plan may be amended or modified as set forth
151 in Section 163.361, Florida Statutes, as amended.
161
17 Section 6: Each and every other provision of the Code of Ordinances not herein
18 specifically amended shall remain in full force and effect as previously enacted.
19
201 Section 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
211
221 Section 8: Should any section or provision of this ordinance or any portion hereof, any
23 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
24 such decision shall not affect the remainder of this ordinance.
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26 Section 9: This Ordinance shall take effect immediately upon passage.
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1 FIRST READING this 16 day of September, 2014.
2
3 SECOND, FINAL READING AND PASSAGE this 30 day of
4 eember , 2014.
5
6 VOTE CITY OF BOYNTON BEACH, FLORIDA
7
8
9 yes � -. � ->r
10 yor — Jrry T or
11 'r /
12 \ tk_.
13 yes
14 i r e Mayor — Joe Casello
15
16
17 yes
18 ommissio -r Da id . Mery -
19
20
21 yes
22 a EM ... %a'. cCray
23
24
25 absent
26 Commissioner — Michael M. Fitzpatrick
27 ATTEST:
28
29
31 J t M. Prainito, MMC
32 ity Clerk
33
34
35 C' •
36
37 t ' I RATE,,;4 AL)
38 0 ,„
V
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3 Exhibit A
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5 TIME CERTAIN APPENDIX
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7 The time certain for the completion of all redevelopment financed by increment
8 revenues, specifically the projects described in the Boynton Beach Community
9 Redevelopment Plan[s] and parts thereof, is hereby declared or extended to be September 30,
10 2044, exactly 60 years after the end of the fiscal year in which the initial community
11 redevelopment plan was approved pursuant to City of Boynton Beach Ordinance No. 84 -32.
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