O84-28ORDINANCE NO. ~~
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, DELEGATING
CERTAIN POWERS TO THE BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY, PURSUANT
TO SECTION 163.370, FLORIDA STATUTES,
(1983), PROVIDING THAT CERTAIN OF THE
DELEGATED POWERS MAY ONLY BE EXERCISED
BY THE COMMUNITY REDEVELOPMENT AGENCY WITH
THE APPROVAL AND CONSENT OF THE CITY OF
BOYNTON BEACH; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, Section 163.370, Florida Statutes (1983),
provides that every county and municipality shall have
certain powers as set forth in that section in order to carry
our and effectuate the purposes and provisions of Part III of
Chapter 163, Florida Statutes; and
WHEREAS, each municipality may elect to have all or
any part or combination of such powers exercised by a community
redevelopment agency; and
WHEREAS, the City Council of the City of Boynton Beach
has created and established the Boynton Beach Community Redevelop-
ment Agency pursuant to Part III, Chapter 163, Florida Statutes;
and
WHEREAS, the Boynton Beach City Council now desires to
delegate certain powers to the Boynton Beach Community Redevetopmc
Agency in order that the Agency may implement the community
redevelopment plan for downtown Boynton Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1: The City Council of the City of Boynton
Beach hereby delegates to the Boynton Beach Community Redevelopme]
Agency the following powers as authorized by Section 163.370,
Florida Statutes (1983):
1. To make and execute contracts and other instruments
necessary or convenient to the exercise of its powers under
this part; to disseminate slum clearance and community redevelo'
information; and to undertake and carry out community redevelo'
projects and related activities within its area of operation,
projects to include:
a. Subject to the approval of the City
Council of the City of Boynton Beach the
acquisition of a slum area or a blighted area
or a portion thereof.
b. Subject to the approval of the City
Council of the City of Boynton Beach, the
demolition and removal of buildings and
improvements.
c. The installation· construction, or
reconstruction of streets, utilities, parks,
playgrounds, and other improvements necessary
for carrying out in the community redevelopment
area the community redevelopment objectives of
this part in accordance with the community
redevelopment plan.
d. Subject to the approval of the City
Council of the City of Boynton Beach, the
disposition of any property acquired in the
community redevelopment area at its fair value
for uses in accordance with the community
redevelopment plan.
e. The carrying out of plans for a program
of voluntary repair and rehabilitation of buildings
or other improvements in accordance with the
community redevelopment plan.
f. Subject to the approval of the City
Council of the City of Boynton Beach, the
acquisition of real property in the community
redevelopment area which, under the community
redevelopment plan, is to be repaired or re-
habilitated for dwelling use or related facilities,
repair or rehabilitation of the structures for
guidance purposes, and resale of the property.
(2)
g. Subject to the approval of the City
Council of the City of Boynton Beach, the
acquisition of any other real property in the
community redevelopment area when necessary to
eliminate unhealthful, unsanitary or unsafe
conditions, lessen density, eliminate obsolete
or other uses detrimental to the public welfare,
or otherwise to remove or prevent the spread of
blight or deterioration, or to provide land for
needed public facilities.
h. Subject to the approval of the City
Council of the City of Boynton Beach, the
acquisition, without regard to any requirement
that the area be a slum or blighted area, of air
rights in an area consisting principally of land
in highways, railway or subway tracks, bridge or
tunnel entrances, or other similar facilities
which have a blighting influence on the surrounding
area and over which air rights sites are to be
developed for the elimination of such blighting
influences and for the provision of housing (and
related facilities and uses) designed specifically
for, and limited to, families and individuals of
low or moderate income.
2. To provide, or to arrange or contract for, the
furnishing or repair by any person or agency, public or private,
of services, privileges, works, streets, roads, public utilities
or other facilities for or in connection with a community
redevelopment project; to install, construct and reconstruct
streets, utilities, parks, playgrounds, and other public
improvements; and to agree to any conditions that it may deem
reasonable and appropriate attached to federal financial assistance
and imposed pursuant to federal law relating to the determination
of prevailing salaries or wages or compliance with labor standards
(3)
in the undertaking or carrying out of a community redevelopment
project and related activities, and to include in any contract
let in connection with such a project and related activities
provisions to fulfill such of said conditions as it may deem
reasonable and appropriate.
3. Within its areas of operation:
a. To enter into any building or property
in any community redevelopment area in order to
make inspections, surveys, appraisals, soundings,
or test borings and to obtain an order for this
purpose from a court of competent jurisdiction
in the event entry is denied or resisted.
b. Subject to the approval of the City
Council of the City of Boynton Beach, to acquire,
by purchase, lease, option, gift, grant, bequest,
devise, or otherwise, any real property (or personal
property for its administrative purposes), together
with any improvements thereon.
c. To hold, improve, clear, or prepare for
redevelopment any such property.
d. To mortgage, pledge, hypothecate, or
otherwise encumber or dispose of any real property
subject to approval of the City Council of the
City of Boynton Beach.
e. To insure or provide for the insurance of
any real or personal property or operations of the
county or municipality against any risks or hazards,
including the power to pay premiums on any such
insurance.
f. To enter into any contracts necessary to
effectuate the purposes of this part.
4. To invest any community redevelopment funds held in'
reserves or sinking funds or any such funds not required for
immediate disbursement in property or securities in which savings
banks may legally invest funds subject to<their control; and to
redeem such bonds as have been issued pursuant to ~163.385 of
this part at the redemption price established therein or to purch~
(4)
such bonds at less than redemption price, all such bonds so
redeemed or purchased to be cancelled; provided, however, that
the Community Redevelopment Agency shall use the City of Boynton
!!Beach Finance Department.
5. To borrow money and to apply for and accept
!!advances, loans, grants, contributions and any other form of
ilfinancial assistance from the Federal Government or the state,
Iicounty, or other public body, or from any sources, public or
private, for the purposes of this part, and to give such security
!as may be required and to enter into and carry out contracts or
~agreements in connection therewith; and to include in any contract
i'for financial assistance with the Federal Government for or with
!irespect to a community redevelopment project and related activities
f~such conditions imposed pursuant to federal laws as the county
,or municipality may deem reasonable and appropriate and which
i!are not inconsistent with the purposes of this part.
ii 6. Within its area of operation, to make or have made
· all surveys and plans necessary to the carrying out of the purposes
of this part and to contract with any person, public or private,
in making and carrying out such plans and to adopt or approve,
modify and amend such plans, which plans may include, but not be
limited to:
a. Plans for carrying out a program of
voluntary repair and rehabilitation of buildings
and improvements.
b. Plans for the enforcement of state and
local laws, codes, and regulations relating to the
use of land and the use and occupancy of buildings
and improvements.
c. Appraisals, title searches, surveys,
studies, and other plans and work necessary to
prepare for the undertaking of community redevelopment
projects and related activities.
(5)
d. To develop, test, and report methods
and techniques, and carry out demonstrations
and other activities, for the prevention and
the elimination of slums and urban blight and
developing and demonstrating new or improved
means of providing housing for families and
persons of low income.
7. To apply for, accept and utilize grands of funds
from the Federal Government for such purposes.
8. To prepare plans for and assist in the relocation
of persons (including individuals, families, business concerns,
non-profit organizations and others) displaced from a community
redevelopment area, and to make relocation payments to or with
respect to such persons for moving expenses and losses of property
for which reimbursement or compensation is not otherwise made,
including the making of such payments financed by the Federal
Government.
9. To appropriate such funds and make such expenditures
as may be necessary to carry out the purposes of this part.
10. Within its area of operation, to organize, coordinat~ ,
and direct the administration of the provisions of this part, as
they may apply to such county or municipality in order that the
objective ~of remedying slum and blighted areas and preventing the
causes thereof within such county or municipality may be most
effectively promoted and achieved, and to establish such new
office or offices of the county or municipality or to reorganize /
existing offices in order to carry out such purposes most effectively.
!
Section 2: The City of Boynton Beach retains all powers
in Section 163.375, Florida Statutes, not delegated herein to
the Boynton Beach Community Redevelopment Agency.
Section 3: This Ordinance shall take effect immediately
upon passage.
(6)
FIRST READING this
1984.
of
day of
SECOND READING and FINAL PASSAGE this
, 1984.
day
CITY OF BOYNTON BEACH, FLORIDA
C~U'NC IL MEMBER
ATTEST:
CITY CL~
(Seal)
(7)