10-029
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1 ORDINANCE NO. 10-0ca'i
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4 AN ORDINANCE OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE
6 2010 UPDATE OF THE CAPITAL IMPROVEMENTS
7 ELEMENT (CIE) OF THE CITY'S COMPREHENSIVE PLAN;
8 PROVIDING DIRECTION FOR TRANS MITT AL OF THE
9 CITY'S COMPREHENSIVE PLAN TO THE DEPARTMENT
10 OF COMMUNITY AFFAIRS; PROVIDING FOR CONFLICTS,
11 SEVERABILITY AND AN EFFECTIVE DATE.
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13 WHEREAS, Section 163.3177(3)(b)(2), Florida Statutes, requires that the Capital
14 Improvement Element of the City's Comprehensive Plan be updated; and
15 WHEREAS, Section 163.3184(15), F.S., requires that the Comprehensive Plan be
16 adopted by the governing body of the local government by Ordinance; and
17 WHEREAS, the proposed 2010 CIE update reflects the Capital Improvement Plan
18 approved by the City Commission as part of the Fiscal year 2010-1011 Budget on Spetmber 27,
19 2010; and
20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22 Section 1. The foregoing "Whereas" clauses are hereby ratified as true and correct
23 and incorporated herein by this reference.
24 Section 2. In order to comply with the provisions of Chapter 163, Florida Statutes,
25 the City Commission hereby amends the Capital Improvement Element of the City's
26 Comprehensive Plan to incorporate changes to the Capital Improvements Schedule as more
27 particularly set forth in the "City of Boynton Beach Comprehensive Plan Capital Improvements
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1 Element 2010 Update, November 16,2010" a copy of which is attached hereto as Exhibit "A"
2 and incorporated herein.
3 Section 3. The City Commission hereby certifies that it shall and will conduct such
4 public hearings as may be required pursuant to Chapter 163, Florida Statutes, as amended, in
5 order to adopt the Comprehensive Plan Amendments and so directs the City Administration to
6 conduct and publish same, as provided by general law.
7 Section 4. The City Commission hereby authorizes the appropriate City officials to
8 submit the appropriate number of copies of this Ordinance and the City's Comprehensive Plan,
9 as amended herein, to the State of Florida Department of Community Affairs and to any other
10 governmental agency having jurisdiction with regard to the approval of same in accordance
11 with and pursuant to Chapter 163, Florida Statutes, and to keep available copies of the Plan
12 Amendments available for public review and examination at Boynton Beach City Hall.
13 Section 5. If any clause, section or other part of this Ordinance shall be held by any
14 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or
15 invalid part shall be considered as eliminated and in no way affecting the validity of the other
16 provisions of this Ordinance.
17 Section 6. All Ordinances or parts of Ordinances, Resolutions or parts of
18 Resolutions in conflict herewith, be and the same are hereby repealed to the extent of such
19 conflict.
20 Section 7. This Ordinance shall become effective upon its passage and adoption.
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FIRST READING this.9 (lay of ND\leM. er ,2010.
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2 SECOND, FINAL READING AND PASSAGE this ~ day of -.HoV. ,2010.
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4 CITY OF BOYNTON BEACH, FLORIDA
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20 ATTEST:
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