Res 79-04 RESOLUTION 79-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA AUTHORIZING THE EXPENDITURE
OF FUNDS TO EDUCATE AND INFORM THE PUBLIC
CONCERNING PALM BEACH COUNTY'S PROPOSED CHARTER
AMENDMENTS RELATING TO MUNICIPAL ANNEXATION AND
THE REASONS THE CITY IS OPPOSED TO THE PROPOSED
ANNEXATION; URGING THE CITIZENS NOT TO ADOPT SUCH
AMENDMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 171, Florida Statutes, sets forth uniform standards and procedures for
adjusting the boundaries of municipalities through annexation or contraction of corporate limits
within the State of Florida; and
WHEREAS, such criteria and regulations have been established so as to:
1. Ensure sound urban development and accommodation to growth;
2. Establish uniform legislative standards through the State for the adjustment of
municipal boundaries;
3. Ensure the efficient provision of urban services to areas that become urban in
character; and
4. Ensure that areas are not annexed unless municipal services can be provided to
those areas.
WHEREAS, the methods and procedures for annexations set forth in Chapter 171, Florida
Statutes, have a lengthy legislative history and body of case law to guide municipalities and property
owners in moving forward through the annexation process; and
WHEREAS, Section 171.044, Florida Statutes, "Voluntary annexation", provides a
streamlined process for the annexation of property where upon the consent of one hundred percent
(100%) of the owners of real property, of an unincorporated area of a county which is contiguous to
a municipality and reasonably compact may be annexed to the municipality with the consent of the
municipality; and
WHEREAS, Section 171.044(4), Florida Statutes, excepts the provisions of that section in
charter counties wherein such charter provides for an exclusive method of municipal annexation;
and
WHEREAS, Palm Beach County is a charter county, but does not currently have a charter
provision dealing with annexation; and
WHEREAS, Palm Beach County Commission is attempting to amend the Palm Beach
County Charter to authorize the Palm Beach County Commission to pass an ordinance providing
for the exclusive method for "voluntary annexation"; and
WHEREAS, the Palm Beach County Commission passed Ordinance 2004-021 calling for a
referendum to amend the Palm Beach County Charter.
WHEREAS, the proposed charter amendment is defective and misleading for a variety of
reasons, including, but not limited to, the following:
1. Voluntary annexation is not defined in the question or charter amendment
presented to the voters.
2. The proposed amendment does not place into the charter the procedures and
standards for "voluntary annexation" as required by Section 171.044(4).
3. The proposed charter amendment authorizes, but does not mandate the County
Commission to pass an ordinance dealing with "voluntary annexation".
4. If an ordinance is passed by the County Commission, it can be amended at any time
by the County Commission.
5. The proposed chatter amendment does not indicate that the provisions of Chapter
171.044, Florida Statutes, will not be available to property owners, if the chatter
amendment is adopted.
6. The proposed charter amendment deals with several subjects.
7. The County Commission has not accurately reflected State Law in it's discussion
and descriptions of the charter amendment as current State law requires all
annexations to be voluntary by a majority of the property area and/or the majority
of voters (of people residing in the area to be annexed) voting in a referendum to be
in favor of the annexation, for an annexation to take place.
8. The proposed charter amendment does not require the consent of the municipality
to effect an annexation into the municipality; and
WHEREAS, if the referendum is passed by a majority of the voters of Palm Beach County,
property owners and municipalities will be uncertain as to the process and validity of annexation
action; and
2 RESOLUTION NO. 79-04
WHEREAS, the City of Delray Beach, its citizens, and neighbors have a strong interest in
having clear and concise procedures and criteria for the annexation of properties into municipal
boundaries; and
WHEREAS, the proposed charter amendment does not provide clear guidelines, could be
the subject of ongoing change and confusion, and subjects the annexation process to potential
abuse; and
WHEREAS, it is in the best interest of the City of DeLray Beach and its citizens to be made
aware of the Charter amendment, its infirmities, and the reasons the City Commission opposed the
amendment prior to the vote being held on the referendum question.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The foregoing recitals are hereby affinmed and ratified as being true and
co~ect.
Section 2. That the proposed charter amendment is confusing and its implications are
unable to be understood by the average voter because the Palm Beach County Commission has
refused to enact approptiate definitions and standards to clarify what the proposed ordinance
relating to annexations would actually state.
Section 3. That the City Manager is authorized to expend funds for the purposes of
educating the electorate as to the proposed Charter amendment on annexation and opposing the
adoption of the amendment. The City Manager is further directed to coordinate and act in concert
with other persons, entities, and municipalities with respect to such communications; provided, that
the City Commission members shall be advised as to the content of any and all materials presented
to the public. The communications can be made through any and all media used to regularly
communicate with the public including but not limited to print, television, radio and intemet/web
commentary. The City Manager will prepare an estimate of the total amounts to be expended and
prepare a budget amendment if necessary to cover the costs of this educational effort, once the total
is ascertained.
Section 4. This Resolution shall take effect immediately upon its passage.
3 RESOLUTION NO. 79-04
CITY OF DFJ.RAY BEACH, FLORIDA
A'IWEST:
Acting City Clerk
4 RESOLUTION NO. 79-04
Memo
To: City Commission
From: David Harden ~"//~
CC:
Date: October 14, 2004
Re: County Charter Amendment Restricting Annexation
By the time of the Commission meeting Tuesday we may know whether the judge has
removed this question from being counted in the election or not. if the amendment
referendum is still going to occur and the results are going to be counted, then we need to
immediately start work on a campaign to defeat the ballot measure at the polls. The attached
resolution will authorize the expenditure of public funds in this effort.
The League of Cities Board has authorized their attomey to file the necessary documents to
create a PAC to oppose this measure county wide. I believe we should support this PAC
financially, and we should also probably generate and distribute some educational materials
to our own voters. At this point we do not have a budget for this effort, but I will bring you that
information as soon as it becomes available. You may wish to include an initial authorization
in the attached resolution.
Recommendation: I recommend that the Commission adopt the attached resolution,
possibly including authority to spend up to a certain amount.
1
[lTV OF DELRrI¥ BEII[H
CITY ATTORNEY'S OFFICE ~oo ~w ,~ ^¥~,~. ~,~.^¥ ~^~.. ~,~o,,.~^.~
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
pE, LR~Y, B,E^~CH~ writer's Direct Line: 561/243-7091
~Amedca City
MEMORANDUM
TO: David Harden, City Ma~nager
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Resolution 79-04 Authorizinq the Expenditure of Funds to Inform the
Public Concerning Palm Beach County's Proposed Charter
Amendment
The attached resolution will grant authority for the expenditure of funds for the
purpose of educating and informing the public as to the proposed County Charter
amendment regarding municipal annexation. Under this resolution any and all
forms of the regular media outlets may be used to inform and educate the public
regarding the proposed amendment to the County Charter.
Upon your review please give me any comments that you may have.
Attachment
cc: Chevelle Nubin, Acting City Clerk
RESOLUTION 79-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA AUTHORIZING THE EXPENDITURE
OF FUNDS TO EDUCATE AND INFORM THE PUBLIC
CONCERNING PALM BEACH COUNTY'S PROPOSED
CHARTER AMENDMENTS RELATING TO MUNICIPAL
ANNEXATION AND THE REASONS THE CITY IS OPPOSED TO
THE PROPOSED ANNEXATION; URGING THE CITIZENS NOT
TO ADOPT SUCH AMENDMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Chapter 171, Florida Statutes, sets forth uniform standards and
procedures for adjusting the boundaries of municipalities through annexation or
contraction of corporate limits within the State of Florida; and
WHEREAS, such criteria and regulations have been established so as to:
1. Ensure sound urban development and accommodation to growth;
2. Establish uniform legislative standards through the State for the
adjustment of municipal boundaries;
3. Ensure the efficient provision of urban services to areas that become
urban in character; and
4. Ensure that areas are not annexed unless municipal services can be
provided to those areas.
WHEREAS, the methods and procedures for annexations set forth in Chapter
171, Florida Statutes, have a lengthy legislative history and body of case law to guide
municipalities and property owners in moving forward through the annexation process;
and
WHEREAS, Section 171.044, Florida Statutes, '¥oluntary annexation", provides
a streamlined process for the annexation of property where upon the consent of one
hundred percent (100%) of the owners of real property, of an unincorporated area of a
county which is contiguous to a municipality and reasonably compact may be annexed
to the municipality with the consent of the municipality; and
WHEREAS, Section 171.044(4), Florida Statutes, excepts the provisions of that
section in charter counties wherein such charter provides for an exclusive method of
municipal annexation; and
WHEREAS, Palm Beach County is a charter county, but does not currently have
a charter provision dealing with annexation; and
WHEREAS, Palm Beach County Commission is attempting to amend the Palm
Beach County Charter to authorize the Palm Beach County Commission to pass an
ordinance providing for the exclusive method for "voluntary annexation"; and
WHEREAS, the Palm Beach County Commission passed Ordinance 2004-021
calling for a referendum to amend the Palm Beach County Charter.
WHEREAS, the proposed charter amendment is defective and misleading for a
variety of reasons, including, but not limited to, the following:
1. Voluntary annexation is not defined in the question or charter amendment
presented to the voters.
2. The proposed amendment does not place into the charter the procedures
and standards for "voluntary annexation" as required by Section
171.044(4).
3. The proposed charter amendment authorizes, but does not mandate the
County Commission to pass an ordinance dealing with "voluntary
annexation".
4. If an ordinance is passed by the County Commission, it can be amended
at any time by the County Commission.
5. The proposed charter amendment does not indicate that the provisions of
Chapter 171.044, Florida Statutes, will not be available to property
owners, if the charter amendment is adopted.
6. The proposed charter amendment deals with several subjects.
7. The County Commission has not accurately reflected State Law in it's
discussion and descriptions of the charter amendment as current State
law requires all annexations to be voluntary by a majority of the property
area and/or the majodty of voters (of people residing in the area to be
annexed) voting in a referendum to be in favor of the annexation, for an
annexation to take place.
8. The proposed charter amendment does not require the consent of the
municipality to effect an annexation into the municipality; and
WHEREAS, if the referendum is passed by a majority of the voters of Palm
Beach County, property owners and municipalities will be uncertain as to the process
and validity of annexation action; and
WHEREAS, the City of Delray Beach, its citizens, and neighbors have a strong
interest in having clear and concise procedures and criteria for the annexation of
properties into municipal boundaries; and
WHEREAS, the proposed charter amendment does not provide clear guidelines,
could be the subject of ongoing change and confusion, and subjects the annexation
process to potential abuse; and
WHEREAS, it is in the best interest of the City of Delray Beach and its citizens to
be made aware of the Charter amendment, its infirmities, and the reasons the City
Commission opposed the amendment prior to the vote being held on the referendum
question.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The foregoing recitals are hereby affirmed and ratified as being true
and correct.
Section 2. That the proposed charter amendment is confusing and its
implications are unable to be understood by the average voter because the Palm Beach
County Commission has refused to enact appropriate definitions and standards to
clarify what the proposed ordinance relating to annexations would actually state.
Section 3. That the City Manager is authorized to expend funds for the purposes
of educating the electorate as to the proposed Charter amendment on annexation and
opposing the adoption of the amendment. The City Manager is further directed to
coordinate and act in concert with other persons, entities, and municipalities with
respect to such communications; provided, that the City Commission members shall be
advised as to the content of any and all materials presented to the public. The
communications can be made through any and all media used to regularly
communicate with the public including but not limited to print, television, radio and
internet/web commentary. The City Manager will prepare an estimate of the total
amounts to be expended and prepare a budget amendment if necessary to cover the
costs of this educational effort, once the total is ascertained.
Section 4. This Resolution shall take effect immediately upon its passage.
PASSED AND ADOPTED in regular session on this ~ day of ,
2004.
CITY OF DELRAY BEACH, FLORIDA
ATTEST:
MAYOR
City Clerk
3