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R90-173RESOLUTIONS0-173 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, FULLY SUPPORTING AND ENDORSING THE POSITION OF THE MUNICIPAL LEAGUE WITH REGARD TO THE JURISDICTION OF THE PALM BEACH COUNTYWIDE PLANNING COUNCIL; EXPRESSING GRAVE CONCERNS THAT THE COUNTYWIDE PLANNING COUNCIL HAS GREATLY EXCEEDED ITS JUKISDICTION AS SET FORTH IN ARTICLE VII OF THE PAI~ BEACH COUNTY CHARTER BY INDEPENDENTLY PREPARING DRAFT POLICIES DEALING WITH ELEMENTS OF A COUNTYWIDE COMPREHENSIVE DEVELOPMENT PLAN AS OPPOSED TO LIMITING THEMSELVES TO THE PREPARATION OF A COUNTYWIDE FUTURE LAND USE ELEMENT; REQUESTING DELETION OF ALL DRAFT POLICIES PROPOSED BY THE COUNTYWIDE PLANNING COUNCIL EXCEPT THE SPECIFIC EIGHTEEN DRAFT POLICIES INCLUDED UNDER THE TITLE OF "FUTURE LAND USE ELEMENT"; REQUESTING THE MUNICI~PALITIES TO CAREFULLY CONSIDER THESE EIGHTEEN DRAFT POLICIES FOR REWORDING, REVISION AND POSSIBLE DELETION THROUGHOUT THE PUBLIC HEARING PROCESS DURING THE MONTH OF NOVEMBER; REQUESTING ALL OTHER MUNICIPALITIES WITHIN PALM BEACH COUNTY TO ADOPT A SIMILAR RESOLUTION IN SUPPORT OF THIS POSITION BRINGING THE PALM BEACH COUNTYWIDE PLANNING COUNCIL INTO CONFORMITY WITH THE MANDATE OF THE VOTERS WMO A~.OPTED THE REFERENDUM CRE~TING SUCH A couNcIL IN NOVEMBER OF 1986; PROVIDING THAT ~HIS RESOLUTION BE SENT TO THE PALM BEACH COUNTYWIDE PLANNING COUNCIL, THE PALM BEACH COUNTY MUNICIPAL LEAGUE~ AND T~HE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER ~URPOSES. WHEREAS, in accordance with the ballot language placed efore the voters of Palm Beach County in November 4, 1986, the Palm Beach Countywide Planning Council was constituted mnd charged with the purpose of preparing a Countywide Land Jse Element; and WHEREA$~ the voters of Palm Beach County endorsed such referendum adopting Article VII of the Palm Beach County 2harter effective January t, 1987; and WHEREAS, Article VII of the Palm Beach County Charter 0nly authorizes the Countywide Planning Council to prepare a Future Land Use Element and not an entire Countywide 2omprehensive Development Plan; and WHEREAS, the fifty-one (51) draft policies submitted by hhe Palm Beach Countywide Planning Council to all local overnments for review include not only eighteen (18) olicies dealing with future land use but include some thirty-three (33) additional policies transportation, agriculture, coastal management, historic preservation, public services, environmental, annexation, and housing; and W~EREAS, Section 163.3177, F.S. sets forth the required and optional elements necessary to complete an approved Comprehensive Development Plan; and WHEREAS, the City Commission of the City of Boynton Beach believes the thirty-three (33) additional draft ~olicies not included under the heading of "Future Land Use" ~re beyond the jurisdiction of the Countywide Future land Jse Element and therefore, should be deleted entirely from ~onsideration; and W~EREAS, the Palm Beach County Municipal League voted ananimously at its regular meeting held on October 24, 1990, dealing with education, water, ~o support the position that the Countywide Planning ~ouncil;s jurisdiction is limited to policies dealing with ~he land use element only, such as those currently proposed the eighteen (18) NOW, THEREFORE, THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of 3oynton Beach, Florida, does hereby support the position ~spoused by the Palm Beach County Municipal League that, in ~ccordance with Section VII of the Palm Beach County 2harter, the Palm Beach Countywide Planning Council only has urisdiction over the Future Land Use Element and that all draft future land use policies; and BE IT RESOLVED BY THE CITY COMMISSION ~olicies dealing with transportation, agriculture, coastal management, education, historic preservation, public services, water, environmental, annexation and housing should be deleted as beyond the jurisdiction of the Council. Section 2. The City Commission of the City of Boynton beach strongly urges the members of the Palm Beach Countywide Planning Council to confine their review during the November public hearing process to those eighteen (18) ~raft policies under the heading of Future Land Use" as such )olicies are the only ones over which the Planning Council tas jurisdiction and to revise or clarify these eighteen (18) future land use policies to either establish linkage with the Council's authority to resolve interjurisdictional incompatibilities or to delete them. Section 3. The City Commission of the City of ~oynton Beach reserves all rights to question any and all of ~he draft policies by the Countywide Planning Council now and in the future. Section 4. Boynton Beach The City Commission of the City of requests that each and every other %unicipality in Palm Beach County support this position and ~dopt a similar resolution during the month of November. Section 5. The City Clerk is hereby directed to ~ubmit copies of this Resolution to the Palm Beach 2ountywide Planning Council, the Palm Beach County Municipal League and to the Board Beach County. Section 6. This immediately upon passage. PASSED AND ADOPTED this of County Commissioners of Palm Resolution shall take effect 7~- day of November, 1990. BEACH, FLORIDA C6~missioner - Co~m~issioner ATTEST: Commis s~oner' .~/ (Corporate Seal) Landuse~Res - 11/1 RESOLUTION A RESOLUTION OF THE CiTY OF BOYNTON BEACH, FLORIDA APPROVING THE RELEASE OF SURETY FOR CONSTRUCTION WATER AND SEWER SYSTEM IMPROVEMENTS FOR QUAIL LAKE APARTMENTS WHEREAS, sewer systems WHEREAS, construction of the aforementioned water and is completed, and the water and sewer systems have passed all pertinent WHEREAS, surety, and WHEREAS, easements and testing to date, and the developer the developer warranties. has requested release of has provided all necessary NOW~ THEREFORE, BE AND IT IS HEREBY THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA: RESOLVED BY That %he surety bond requirement for the water and sewer systems for Quail Lake Apartments be released in full, and the cash performance bond of $90,200 be refunded to the developer. PASSED AND ADOpTeD THiS ATTEST Ci~/~ C~erk~ Seal Mayor C e~mi s s i o~Membe r Commission Member Com..._~ i n ~mber t