R92-224RESOLUTION NO. R92- ~ ~
A RESOLUTION OF THE CiTY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
PETITIONING THE UNITED STATES DEPARTMENT
OF TRANSPORTATION TO ACCELERATE FUNDING
FOR A NOISE BARRIER ON PORTIONS OF
INTERSTATE-95 IN BOYNTON BEACH, FLORIDA;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation has been
cited by the United States Department of Transportation with regard
to a safety clear zone area along a portion of Interstate-95; and
WHEREAS, the Maintenance Division of the Florida Department of
Transportation has commenced a maintenance project along
Interstate-95 which includes the clearing andtrimming of overgrown
trees and brush within the designated clear recovery areas; and
WHEREAS, the trees and brush have been cleared in some areas
in excess of the required safety zone area; and
WHEREAS, the City's Code Enforcement Unit has measured noise
decibel levels emanating from areas adjacent to this section of
Interstate-95 and has determined that the decibel readings indicate
sound levels which constitute a violation of the City's Noise
Ordinance~ and
WHEREAS~ the noise levels also are in excess of levels
described in 23 CRF Part 773, which sets forth and assesses the
need for noise abatement on Federally funded highways; and
WHEREAS, these levels also exceed the suggested standards
found in the American National Standards Institute (ANSI) 3.323-
1980 for residential single family use with extensive outdoor use;
and
WHEREAS, the removal of these trees and brush will result in
further visual and audio degradation of the area;
NOW~ THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section i. The Florida Department of Transportation cease
and desist its maintenance project along the 1-95 transportation
corridor in areas where the trees and brush constitute a visual,
sound and safety barrier between vehicular traffic and residential
homes.
Section 2. The City Commission strongly urges a review of
this section of Interstate-95 by the U.S. Department of
Transportation and that funding for a sound barrier wall be
accelerated to the upcoming fiscal year as the current noise levels
are far in excess of local and national standards.
Section 3.
with the City
construction of
The Florida Department of Transportation join
of Boynton Beach in requesting funding for the
a wall on this portion of~-I~terstate-95.
WHEREAS, the City Clerk is designated to provide a copy of
this Resolution to U.S. Senators Graham and Mack, United States
Congressmen Alcyee Hastings, Clay Shaw and Harry Johnston, the Palm
Beach County Legislative Delegation, Palm Beach County Commission,
U.S. Department of Transportation, Florida Department of
Transportation, Richard Chesser, District Engineer Florida D.O.T.,
and Earl Jacobs, Local Maintenance Director~ Florida D.O.T.
Section 4. That all resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed.
Section 5.
In the event any portion of this Resolution is
deemed invalid, illegal or unconstitutional by any court of
competent jurisdiction, such decision shall in no manner effect the
remaining portions or sections Of this Resolution and shall remain
in full force and effect.
Section 6. This Resolution shall
immediately upon its passage and adoption.
become effective
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA~ THIS t~ DAY OF DECEMBER, 1992.
ATTEST:
City ~lerk
CITY OF BOYNTON BEACH, FLORIDA
Mayor
(Corporate Seal)
FDOT/DIANE
12/19/92,12/21/92