08-026
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1 ORDINANCE 08 - O~
2
3
4 AN ORDINANCE OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA AMENDING THE
6 COMMUNITY REDEVELOPMENT PLAN TO CLARIFY
7 THAT ENCLAVES AND OTHER PROPERTIES ANNEXED
8 INTO THE CITY THAT ARE WITHIN THE PREVIOUSLY
9 DESIGNATED BOUNDARIES OF THE CRA ARE PART OF
10 THE COMMUNITY REDEVELOPMENT AREA AND
11 THEREFORE SUBJECT TO JURISDICTION OF THE
12 COMMUNITY REDEVELOPMENT AGENCY; AMENDING
13 THE COMMUNITY REDEVELOPMENT BOUNDARY
14 DESCRIPTION TO CLARIFY INCLUSION OF ANNEXED
15 PROPERTY; PROVIDING FOR AUTOMATIC INCLUSION
16 OF ANNEXED PROPERTY IN THE CRA UNLESS
17 EXCLUDED BY EXCEPTION; AMENDING CHAPTER 2 OF
18 ARTICLE I OF THE CODE OF ORDINANCES AND
19 SECTION 2-13.2(b) THEREOF RELATING TO THE
20 COMMUNITY REDEVELOPMENT AGENCY
21 BOUNDARIES TO RENUMBER SUBSECTION (b) AS A
22 NEW SECTION 2-13.5; ACCEPTING A
')'"'> RECOMMENDA TION FROM THE COMMUNITY
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24 REDEVELOPEMENT AGENCY TO IMPLEMENT THE
25 AMENDMENTS PROVIDED HEREIN; DIRECTING THE
26 CITY ADMINISTRATION TO TAKE SUCH ACTION AS
27 NECESSARY TO EFFECTUATE THE INTENT OF THIS
28 ORDINANCE; PROVIDING FOR CONFLICT,
29 SEVERABILITY, CODIFICATION; PROVIDING FOR AN
30 EFFECTIVE DATE.
31
'"'>, WHEREAS, Florida Statute 163.361 provides for amendment or modification of a
., ...
33 , ommunity Redevelopment Plan including changes in boundaries of the redevelopment area to
34 dd land to or exclude land from the redevelopment area; and
35 WHEREAS, the City Commission has provided notice of and conducted a public hearing
36 n the proposed modification of the Community Redevelopment Plan hereinafter set forth in
37 ccordance with the requirements of State law; and
38 WHEREAS, the City Commission has heretofore described the boundaries of the
.)9 , ommunity Redevelopment Area by adoption of Ordinance 00-59. The boundaries of the
40 ommunity Redevelopment Area as set lorth in Ordinance 00-59 a north and south boundary that
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1 . was coterminous with the City's north and south jurisdictional boundaries; and
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2 WHEREAS, the City Commission subsequent to the adoption of Ordinance 00-59 has
3 annexed enclaves and other property with the intent that those properties were to be treated as
4 within the Community Redevelopment Area; and
5 WHEREAS, the City Commission finds that the enclaves that have been annexed into the
6 City subsequent to the adoption of Ordinance 00-59 shared, at time of annexation, the same
7 characteristics as other properties in the Community Redevelopment Area and that such areas
8 were, at time of annexation, slum areas, blighted areas, or areas in which there was a shortage of
9 housing that is affordable to residents of low or moderate income, including the elderly or were
10 costal and tourist areas that were deteriorating or economically distressed due to outdated building
11 density patterns, inadequate transportation and parking facilities, faulty lot layout or inadequate
12 street layout, or a combination thereof; and
13 WHEREAS, the City Commission finds that there are additional enclaves within the
14 eneric boundaries of the Community Redevelopment Area which, if annexed into the City,
15 hould be deemed and considered part of the Community Redevelopment Area as they share the
16 ame characteristics described in the foregoing whereas clause; and
17 WHEREAS, the City Commission has considered and accepts the recommendation from
18 he Community Redevelopment Agency as expressed in Community Redevelopment Agency
19 esolution 2008-05; and
20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
21 ITY OF BOYNTON BEACH, FLORIDA:
22 Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby
23 atified and confirmed by the City Commission.
24 Section 2. Section 2-13.2 of Article I, Chapter 2 of the Code of Ordinances is hereby
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1 amended to read as follows:
2 Sec. 2-13.2. Governing body of community redevelopment agency.*
3 (a) The members of the City Commission constitute the governing body (Board) of
4 the Community Redevelopment Agency.
5 (b) The community redevelopment agency, shall exercise its jurisdiction in all arc as
6 of the city '.vhich the city has heretofore designated for redevelopment. The community
7 redevelopment area is more particularly described in Exhibit "^..
8 (en) Chair and Vice-Chair. The Mayor shall be the Chairperson and the Vice-Mayor
9 the Vice Chairperson of the Board of the Community Redevelopment Agency.
10
11 Section 3. Creating a new section 2-13.5 as follows:
12 2-13.5. Community Redevelopment Area.
13 (a) The boundaries of the Community Redevelopment Area are as set forth in the
14 following legal description:
15 BEGINNING at a oint of intersection of the West ri ht-of-wa line of the Intracoastal
16 Waterway with the North line of the South one-half (S Yz) of the North one-half (N Yz) of
17 Section 15, Townshi 45 South Ran e 43 East said North line bein the North bounda line
18 or the Cit . of Bo nton Beach, thence run Westerl alon the said North line said North line
19 em also the centerline of Northeast 26th Avenue and its eastern extension thereof said
20 ~xtension crossin the F.E.C. Railroad U.S. Hi hwa One S.R. #5 and further be in the
21 orth line of that art of the South 150 feet ofthe North 1 455.5 feet of the Northwest Y40fsaid
22 'ection 15, Townshi 45 South Ran e 43 East to a oint on the West line of said Section 15;
23 aid West line bein also the East ri ht-of-wav line of Northeast 4th Street;
24
)- hence Southerl alon the West line of said Section 15 to the Southwest comer of said Section
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26 15 bein also the Northwest comer of Section 22, Townshi 45 South Ran e 43 East.
27
28
29
30
31
32
33
34
35
36
37
38 hence Southerl alon J the said West ri ht-of-line of West Industrial Avenue and its
39 ontinuation in the lat of BOYNTON BEACH INDUSTRIAL PARK accordin to the lat
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1 i thereof as recorded in Plat Book 25, Page 232, Public Records of Palm Beach County, Florida,
t i to a point on the South right-of-way line of State Road 804 ( West Boynton Beach Boulevard) as
2
3 i currently laid out and in use;
4
5 thence S. 810 48' 30" E. along the South right-of-way line on West Boynton Beach Boulevard
6 (based on an assumed bearing of N. 87040' 46" E. of the centerline of West Boynton Beach
7 Boulevard), a distance of 302.68 feet to a point;
8
9 thence S. 870 13' 22" E. along said South right-of-way line, a distance of 309.97 feet to a point;
10
11 thence S 800 25' 27" E. along said South right-of-way line, a distance of 50.95 feet to the
12 Southwest comer of Lot 5, Block 1, according to the plat of LAKE BOYNTON ESTATES
13 PLA T 1, as recorded in Plat Book 13, Page 32, Public Records of Palm Beach County, Florida;
14
15 thence N. 88006' 29" E. along the South right-of-way line and the South line of said Lots 3, 4
16 & 5, Block 1, LAKE BOYNTON ESTATES PLAT 1, a distance of 150.00 feet to the Southeast
17 comer of said Lot 3, and a point on the East line of Section 29 and the West line of Section 28,
18 Township 45 South, Range 43 East, Palm Beach County, Florida;
19
20 thence S. 010 31' 31" E. along the said West line of Section 28, a distance of 506.58 feet to the
21 intersection of the centerline of West Ocean A venue as currently laid out and in use;
22
23 thence S. 89047' 31" E. along the said centerline of West Ocean Avenue, to its intersection
24 with the West right-of-way line of Seacrest Boulevard as currently laid out and in use;
,- t
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26 I hence Southerly along the West right-of-way of Seacrest Boulevard to its intersection with the
27 'enterline of Southwest 2nd A venue'
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29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48 said South 50 foot line to a oint on the West line of TRADE WINDS
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1 I, ESTATES, FIRST ADDITION, according to the plat thereof as recorded in Plat Book 22, Page
2 144, Public Records of Palm Beach County, Florida;
3
4 thence Northerly along said West line of TRADE WINDS ESTATES. FIRST ADDITION, a
5 distance of 50 feet to a point, said point being also the Southeast comer of said Lot A, KING'S
6 SUBDIVISION;
7
8 thence Westerly along the South line of said Lot A, KING'S SUBDIVISON, to the Easterly
9 right-of-way of South Federal Highway (U.S. #1) as currently laid out and in use;
10
11 thence NOliherly along the said Easterly right-of-way line of South Federal Highway (U.S. #1 ),
12 to a point on the South line of Lot 8. KINGS SUBDIVISION, according to the plat thereof as
13 recorded in Plat Book 20, Page 47, Public Records of Palm Beach County, Florida;
14
15 thence Easterly. Northerly and Westerly along the South, East & North lines of said Lot 8,
16 KINGS SUBDIVISION, to a point on the said Easterly right-of-way line of South Federal
17 Highway (U.S. #1 );
18
19 thence NOliherly along the said Easterly right-of-way line of South Federal Highway (U.S. #1 ),
20 to a point that is the Southwest comer (SW) of the plat of EST ANCIA AT BOYNTON
21 BEACH PUD, according to the plat thereof as recorded in Plat Book 108, Pages 25 & 26.
22 Public Records of Palm Beach Countv, Florida. said point being also on the North right-of-way
,'"'> line of Bamboo Lane, a private road;
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24
!~ thence along the following courses (based on the North line of the previous record plat known
...)
26 as DAKOTA LOFTS. as recorded in Plat Book 97. Pages 132 to 134, Public Records of Palm
27 Beach County, Florida being S. 890 18' 46" W. );
28
29 S. 76027' 18" E. a distance of 150.00 feet to a point,
30 N. 110 16' 09" E. a distance of 13.95 feet to a ooint.
31 N. 890 18' 46" E. a distance of248.79 feet to a ooint.
32 N. 05026' 06" W. a distance of94.50 feet to a point.
33 N. 890 18' 46" E.. a distance of 300.00 feet to a ooint on the West ri!.!ht-of-wav line of
34 he Intracoastal Waterwav as currently laid out and use;
35
36 hence Northerly and along the West right-of-way line of said Intracoastal Waterway to the
37 POINT OF BEGINNING.
38
39 .ESS all of Lots 39 & 40. Lots 66 & 67. Lots 72 thru 76 and Lots 78 thru 112 including all
40 JO-foot right-of-wavs connected thereto as shown on the AMENDED PLAT OF TRADE
41 WINDS EST A TES as recorded in Plat Book 21, Page 73 according to the Public Records of
42 Palm Beach Countv. Florida and
43
44 ~ESS all of Lots 1 thru 5 includin!.! the 50-foot right-of-way for Miller Road as shown on the
45 Jlat of KILLIAN'S PARK as recorded in Plat Book 23, Page 195 accordin!.! to the Public
46 ~ecords of Palm Beach County. Florida.
47
48
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1 t The following described properties which were annexed into the City of Boynton Beach
; ,
2 I subsequent to the adoption of Ordinance 00-59 are expressly deemed included in the
3 Community Redevelopment Area as of the effective date of annexation of those properties:
4
5
6 TICKET CLINIC:
7
8 Lots 2 and 3, Less the Westerly 17 feet thereof, KING'S SUBDIVISION, according to
9 the Plat thereof, as recorded in Plat Book 20. Page 47, of the Public Records of Palm
10 Beach County, Florida.
11
12
13 BOYNTON BAGELS:
14
15 Lot 8, Less the Westerly 17 feet for road right-of-way, KINGS SUBDIVISION,
16 according to the Plat thereof, as recorded in Plat Book 20, Page 47, of the Public
17 Records of Palm Beach County, Florida.
18
19
20 BA YFRONT:
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21
"), Lots 56 & 57. AMENDED PLAT OF TRADE WINDS ESTATES, according to the Plat
")'"'> thereof as recorded in Plat Book 21. Page 73. of the Public Records of Palm Beach
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24 County, Florida, Less a portion of Lot 57 for right-of-way of State Road No.5 [South
")- Federal Highwail as shown on State of Florida Road Department right-of-way map
...)
26 Section No. 9301-205.
27
28
29 HIE VILLAS OF BOYNTON BEACH (tKa TUSCAN VILLAS):
30
31 Lot 1 and Lot lA of KINGS SUBDIVISION, according to the Plat thereof. as recorded
32 in Plat Book 20, Page 47, Public Records of Palm Beach County, Florida; less the
33 Westerly 17 feet of said lots.
34
35 Together with:
36
37 All that part of Lot C of KINGS SUBDIVISION, in Section 4, Township 46 South,
38 Range 43 East, Palm Beach County, Florida, as per Plat recorded in Plat 20. Page 47,
39 Public Records of Palm Beach County, Florida. except the following part thereof:
40 Beginning at the Southwest (SW) comer of said Lot C, thence run Northerly along the
41 West line thereof, a distance of eighty ( 80) feet, thence Southeasterly (SE) in a straight
42 line to the Southeast (SE) comer of said Lot C; thence run West along the South line of
43 said Lot C to the Point of Beginning. Further less and except the Westerly 17 feet for
44 road right-of-way.
45
46
47 ) ALM COVE:
48
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1 That part of Lot 59, AMENDED PLAT OF TRADE WINDS EST A TES. a subdivision,
2 according to the Plat thereof, recorded in Plat Book 21, Page 73, of the Public Records
3 of Palm Beach County, Florida: lying west of the right-of-way of State Road 5 (U.S.
4 Highway No. 1) as conveved to Palm Beach County, Florida by a deed recorded in
5 Official Records Book 124, Page 638 of the Public Records of Palm Beach County,
6 Florida.
7
8 Together with:
9
10 Lots 37, 38 and 58 of the AMENDED PLAT OF TRADE WINDS ESTATES,
11 according to the Plat recorded in Plat Book 21 , Page 73, of the Public Records of Palm
12 Beach County, Florida. less that portion deeded to the State of Florida by instrument in
13 Official Records Book 104, page 35, Public Records of Palm Beach County.
14
15 Together with:
16
17 Lot 15, of KILLIAN'S PARK. a subdivision according to the Plat thereof, as recorded
18 in Plat Book 23, Page 195, of the Public Records of Palm Beach County, Florida, less
19 that portion of Lot 15, conveyed to the State of Florida by Warranty Deed in Official
20 Records Book 119, Page 453. of the Public Records of Palm Beach County, Florida.
21
22 Together with:
23
24 All of Lots 6 through 14 and Lots 16 through 29. of KILLIAN'S PARK, according to
I~ the Plat recorded in Plat Book 23, Page 195, of the Public Records of Palm Beach
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26 County, Florida.
27
28 Together with:
29
30 The 30-foot right-of-way of Miller Road as shown on the Plat of KILLIAN'S PARK, as
31 recorded in Plat Book 23, Page 195, in the Public Records of Palm Beach County,
'"II Florida, adjoining Lots 6 through 14 of said KILLIAN'S PARK. as abandoned by the
J...
33 City of Boynton Beach Ordinance No. 06-007 dated January 17,2006.
34
35
36 A TERSIDE:
37
38 A parcel of land in Section 4, Township 46 South. Range 43 East. Palm Beach County,
39 Florida, being more particularly described as follows:
40
41 COMMENCE at the N0l1heast (NE) corner of Lot 48, TRADE WINDS
42 ESTATES, FIRST ADDITION, according to the plat thereof as recorded in
43 Plat Book 22, Page 44, of the Public Records of Palm Beach County, Florida,
44 said corner being on the Westerly right-of-way line of the Intracoastal
45 Waterway; thence N. 050 26' 06" E., on said Westerly right-of-way line, a
46 distance of 365.92 feet to the POINT OF BEGINNING; thence S. 890 18' 46"
47 W., a distance of 385.00 feet; thence N. 050 26' 06" E., a distance of 4.08
48 feet; thence S. 890 18' 46" W., a distance of 35.00 feet; thence S. 05026' 06"
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1 W., a distance of 174.98 feet; thence S. 890 18' 46" W., a distance of 236.14
2 I feet to a point of curvature of a circular curve, concave to the Southeast;
3 thence Southwesterly on the arc of said curve, with a radius of 102.47 feet
4 and a central angle of 340 34' 00", an arc distance of 61.82 feet to a point of
5 reverse curvature of a circular curve concave to the Northwest; thence
6 Southwesterly on the arc of said curve, with a radius of 82.59 feet and a
7 central angle of 340 34' 00", an arc distance of 49.83 feet to a point of
8 tangency; thence S. 890 18' 46" W., a distance of 94.20 feet to the
9 intersection with the Easterly right-of-way line of U.S. Highway One (S. R.
10 No.5), said intersection being on the arc of a circular curve, concave to the
11 West, the Radius point of which bears N. 730 25' 48" W.; thence Northerly
12 on said Easterly right-of-way and on the arc of said curve, with a radius of
13 11.509.20 feet and a central angle of 020 23' 09", an arc distance of 479.27
14 feet; thence N. 890 14' 41" E., a distance of 245.48 feet; thence N. 05026'
15 06" E.. a distance of95.70 feet to the intersection with a line parallel with and
16 578.97 feet South of the North line of said Section 4; thence N. 890 18' 46"
17 E.. on said parallel line, a distance of274.00 feet; thence S. 06036' 55" W., a
18 distance of 40.21 feet to the intersection with a line parallel with and 618.85
19 feet South of the North line of said Section 4; thence N., 890 18' 46" E., on
20 said parallel line, a distance of 250.00 feet to the intersection with the
21 aforementioned Westerlv right-of-way line of the Intracoastal Waterway;
22 thence S. 050 26' 06" W., on said Westerly right-of-way line, a distance of
23 315.29 feet to the POINT OF BEGINNING.
24
25 F'or /Jurooses at" establishing the base year (i'om which tax increment increases shall be
26 ~e
27 'urisdictiunal boundaries u ro erties were alread' in the
28
29
30 ro eliv within the boundaries of the Communi
31 erties which constitute uninco orated enclaves have been found b the Ci
32 'ommission to share the same characteristics of the slum and/or bli hted ro erties which
33 urround or are ad'acent to them and are therefore suitable for and will benefit from the
34
35 All uninco orated enclaves within the Communi
36 e annexed into the Cit of Boynton Beach subsequent to the adoption of this code section shall
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1 be considered for inclusion in the Community Redevelopment Area. At time of annexation, the
2 I City Commission shall expressly state its findings that the property meets the statutory criteria for
3 inclusion in the Community Redevelopment Area. Contemporaneously with the annexation of
4 property which is otherwise suitable for inclusion in the Corrununity Redevelopment Area, the
5 City shall also adopt (following a recommendation from the Community Redevelopment Ag.ency
6 that the property is statutorily eligible for inclusion in the Community Redevelopment Area) an
7 ordinance amending the Community Redevelopment Area boundaries. In addition to a finding
8 that the statutory grounds for inclusion in the Community Redevelopment Area exist, the
9 ordinance shall include a provision for written notice of the boundary amendment to the Palm
10 Beach County Property Appraiser.
11
12 Section 4. The City's administrative staff is directed to take appropriate action,
13 including but not limited to, coordination of effort with the Community Redevelopment Agency
14 stall and the Palm Beach County Property Appraiser's office to etlectuate the intent of this
15 ordinance. There shall be no retroactive reallocation of ad valorem or TIF revenues between the
16 City and the Community Redevelopment Agency by virtue of the adoption of this Ordinance.
17 Section 5. All prior ordinances or resolutions or parts thereof in conflict herewith are
18 Ihereby repealed to the extent of such cont1ict.
19 Section 6. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid
20 or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
21 he validity of the remaining portions of this Ordinance.
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1 ' I Section 7. It is the intention of the City Commission of the CITY OF BOYNTON
2 BEACH, Florida, that the provisions of this Ordinance shall become and be made a part of the
3 CITY OF BOYNTON BEACH Code of Ordinances; and that the sections of this ordinance may
4 be renumbered or relettered and the word "ordinance" may be changed to "section," "article," or
5 such other appropriate word or phrase in order to accomplish such intentions.
6 Section 8. This Ordinance shall be effective immediately after adoption by the City
7 Commission and formal adoption ofCRA Resolution 2008-05.
:*. A~U$f ,2008.
8 PASSED FIRST READING this ~ day of
9
10 SECOND AND FINAL READING ADOPTED this f day of ~, 2008.
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13 CITY OF BOYNTON BEACH, FLORIDA
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. ICAIOrdll1anceslCRAICRA BOUNDARY AMENDMENT 082508(DK legal).doc
,
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
E-mail: prainitoj@ci.boynton-beachJ!.us
www.boynton-beach.org
September 8, 2008
GARY R NIKOLITS
PALM BEACH COUNTY PROPERTY APPRAISER
DOWNTOWN SERVICE CENTER
COUNTY GOVERNMENTAL CENTER
301 NORTH OLIVE AVENUE
WEST PALM BEACH, FL 33401
Re: Ordinance No. 08-026 - Modifving the Community Redevelopment
Plan changing boundaries of the redevelopment area
Dear Mr. Nikolits:
Enclosed for your information and use is a certified copy of Ordinance No.
08-024 that was adopted by the City Commission on August 19, 2008. This
Ordinance' . modifies the jurisdictional boundaries of the Community
~,Redevelopmef!t Plan to add or exclude land from the redevelopment area.
"Please acknowledge receipt of this correspondence.
If you have any questions, please contact me.
Very truly yours,
CITY OF BOYNTON BEACH
~ Yn]'t
- . ,~ ,l.n.CUYLL .l.-
e net M. Prainito, CMC
City Clerk
Enclosure
Copy to: Jim Cherof, Lisa Bright, Vivian Brooks, Hanna Matras, Carlos Aiken
S:\CC\WP\County CorrespondenceWear 2008\Gary Nikolits - Transmittal of Ordinance 08-026.doc
AmericLl 's Gateway 10 the Gulfstream
.
.
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
E-mail: prainitoj@ci.boynton-beach.fl.us I
www.boynton-beach.org
September 8, 2008
ROBERT WEISMAN
COUNTY ADMINISTRATOR
COUNTY GOVERNMENTAL CENTER
301 NORTH OLIVE AVENUE
SUITE 1102
WEST PALM BEACH, FL 33402
Re: Ordinance No. 08-026 - Modifying the Community Redevelopment
Plan changing boundaries of the redevelopment area
Dear Mr. Weisman:
Enclosed for your information and use is a certified copy of Ordinance No.
08-024 that was adopted by the City Commission on August 19, 2008. This
Ordinance modifies the jurisdictional boundaries ,of the Community
i3edevelopmenb Plan to add or exclude land from the redevelopment area.
Plea~e acknowledge receipt of this correspondence.
If you have any questions, please contact me.
Very truly yours,
CITY OF BOYNTON BEACH
Y 'l'
~^,l<L!1 /-/LQL~Lf:r_j
/
\ net M. Prainito, CMC
City Clerk
Enclosu re
Copy to: Jim Cherof, Lisa Bright, Vivian Brooks, Hanna Matras, Carlos Aiken
S:\CC\WP\County CorrespondenceWear 2008\Robert Weisman - Transmittal of Ordinance 08-026.doc
America's Gateway to the Gulfstream