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R93-107RESOLUTION NO. R93-/~ A RESOLUTION OF THE CITY COF~ISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, OBJECTING TO THE PROPOSAL OF PALM BEACH COUNTY THAT THE WETLANDS PROTECTION SECTION OF THE UNIFIED LAND DEVELOPMENT CODE BE ADOPTED UNDER THE AUSPICES OF THE ENVIRONMENTAL CONTROL ACT, THUS BEING EFFECTIVE COUNTYWIDE, EVEN WITHIN THE INCORPORATED AREAS OF PALM BEACH COUNTY, IN DEROGATION OF THE RECENTLY APPROyED AGREEMENT BETWEEN THE BOARD .OF COUNTY COMMISSIONERS AND THE PALM BEACH COUNTY MUNICIPAL LEA~q3E RELATIVE TO THE COUNT~!DE oRDiNANcE pROcEDURES;~' AND PROVIDING ANEFF~CTIVE DATE. WHEREAS, it has come to the attention of the City Commission of the City of Boy,ton beach, Florida that the Palm Beach County Board of County Commissioners proposes to amend the Wetlands Protection Section of the Unified Land Development Code; and WHEREAS, this particular ordinance was originally adopted several years ago under the auspices of the Environmental Control Act, a special act in Palm Beach County adopted in 1977; and WHEREAS, when this particular ordinance was adopted to apply countywide, it was with the provision that if "delegation" was not achieved from the Department of Environmental Regulation to the County Department of Environmental Resources Management, that portions of the ordinance would sunset; and WHEREAS, the sunset provision of this wetlands ordinance was extended by the Board of County Commissioner~ until March 15, 1993, however, delegation has not been achieved; and WHEREAS, in the meantime, the Board of County Commissioners reached an agreement with the Pal.m Beach County Municipal League that all ordinances proposed to have impact countywide'would be presented to the Board of Directors of the Municipal League and then to the general membership prior to first ~eading for input on whether the ordinance should be countywide, and that even if the County determined that the ordinance should be applied countywide, regardless~ of input received from the municipalities, the County would still retain the legal right to adopt the ordinance countywide, and the municipalities would still retain their legal ability to "opt out" of the ordinance; and WHEREAS, this date has not been postponed due to the efforts of the Municipal League; and WHEREAS, the City Commission of the Cit~ of Boynton Beach, Florida desires to make its position know~ to the Board of County Commissioners in that it opposes any a~tempt by the Board of County Commissioners to renege on the policy adopted on February 2~ 1993, as set forth herein, whereby the municipalities preserved the right to "opt out" of all ordinances adopted countywide unless they are adopted by referendum, in accordance with the Palm Beach CoUnty Charter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Sectioq 1. The City Commission of the City of Boynton Beach, ~lorid~- strongly objects to the Wetlands Protection Section~f the Unified Land Development Code being amended in any manner which precludes municipalities from being able to "opt out" of the entire wetlands protection ordinance. Section 2. The City Commission of the Cityof Boynton Beach, Florida hereby directs the City Clerk toRub mit copies of this Resolution to the Board of County Commissioners and to all other municipalities within Palm Beach County requesting that each municipality adopt a similar resolution and forward same to the Board of County Commissioners in order to preserve the policy agreement which is in effect between ~he County and the Municipal League and to prevent further abrogation of municipal autonomy in regulatory matters. Section 3. That this Resolution effective immediately upon passage. shall become PASSED AND ADOPTED this ~ day of July, 1993. CITY OF BOYNTON BEACH, FLORIDA Commi~ oner ATTEST: Ci~ Clerk -- (Corporate Seal ) Authsig.doc Mun. Lge 7/16/93