54-86 ORDINANCE NO. 54-8[[
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PROVIDING FOR A REFERENDUM ELECTION TO
BE HELD NOVEMBER 4, 1986, CONCERNING THE "DELRAY BEACH
ENCLAVE ACT" IN ACCORDANCE WITH CHAPTER 86-427, LAWS OF
FLORIDA, WHICH PROVIDED THAT THE "DELRAY BEACH ENCLAVE
ACT" SHALL TAKE EFFECT ONLY UPON ITS APPROVAL BY A
SINGLE MAJORITY VOTE OF THOSE QUALIFIED ELECTORS WITHIN
THE CITY OF DELRAY BEACH AND THE ENCLAVES THAT WOULD
BE SUBJECT TO ANNEXATION UNDER THIS ACT VOTING IN A
REFERENDUM TO BE HELD BY THE CITY OF DELRAY BEACH:
SAID "DELRAY BEACH ENCLAVE ACT" PROVIDING FOR DEFINI-
TIONS OF ENCLAVES AND THE GENERAL BOUNDARIES OF THE
CITY OF DELRAY BEACH; PROVIDING FOR ANNEXATION BY
ORDINANCE OF THE CITY OF DELRAY BEACH OF SUCH
ENCLAVES WITHIN THE GENERAL BOUNDARIES OF THE CITY OF
DELRAY BEACH AS SAME EXISTED ON FEBRUARY 28, 1986; PRO-
VIDING FOR ANNEXATION OF AGRICULTURAL USE ENCLAVES;
PROVIDING FOR NOTICE; PROVIDING THAT THE PROVISIONS OF
CHAPTER 171, FLORIDA STATUTES, EXCEPTING SECTION 171.042,
SHALL NOT APPLY; PROVIDING FOR APPLICABILITY ONLY WITH-
IN THE GENERAL BOUNDARIES OF THE CITY OF DELRAY BEACH,
WITH CERTAIN EXCLUSIONS FROM SAID GEOGRAPHIC AREA
PROVIDING FOR CONTINUATION OF EXISTING USES IN SUCH
ENCLAVES UNDER CERTAIN CONDITIONS, UNTIL TITLE TO THE
SUBJECT PROPERTY IS TRANSFERRED; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 5 of said "Delray Beach Enclave Act" (Chapter 86-427,
Laws of Florida), requires as a condition precedent to the effectiveness of said Chapter
86-427, Laws of Florida (the "Delray Beach Enclave Act"), that a single majority vote
referendum be held to approve of said Act, wherein the qualified electors within the
City of Delray Beach and the enclaves that would be subject to annexation pursuant to
Act may vote.
NOW, 'THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That, pursuant to the City Charter and the Code of Ordinances
of the City of Delray Beach, and ail other applicable laws relating to elections currently
in force, a referendum election shall be held on November 4, 1986, to determine
whether the "Delray Beach Enclave Act~ (Chapter 86-427, Laws of Florida) should be
approved and adopted. The question to be submitted to the applicable and qualified
electors at said election shall be substantially as follows:
THE 'DELRAY BEACH ENCLAVES ACT (CHAPTER 86-427, LAWS OF
FLORIDA) WHICH PROVIDES FOR: DEFINITIONS OF ENCLAVE
AND THE GENERAL BOUNDARIES OF THE CITY OF DELRAY
BEACH; ANNEXATION BY ORDINANCE OF THE CITY OF DELRAY
BEACH OF SUCH ENCLAVE WITHIN THE GENERAL BOUNDARIES OF
THE CITY OF DELRAY BEACH AS SAME EXISTED ON FEBRUARY
28, 1986; ANNEXATION OF AGRICULTURAL USE ENCLAVES; THAT
THE PROVISIONS OF CHAPTER 171, FLORIDA STATUTES,
EXCEPTING SECTION 171.042, SHALL NOT BE APPLICABLE TO
SUCH ANNEXATIONS OR ANNEXATION PROCEDURES; APPLI-
CABILITY ONLY WITHIN THE GENERAL BOUNDARIES OF THE
CITY OF DELRAY BEACH, WITHIN .CERTAIN EXCLUSIONS FROM
SAID GEOGRAPHIC AREA; CONTINUATION OF EXISTING USES IN
SUCH ENCLAVES UNDER CERTAIN CONDITIONS UNTIL TITLE TO
THE SUBJECT PROPERTY IS TRANSFERRED: REFERENDUM
APPROVAL PRIOR TO EFFECTIVENESS.
SHALL THE ABOVE DESCRIBED PROVISIONS OF THE "DELRAY
BEACH ENCLAVE ACT~ BE ADOPTED?
FOR APPROVAL
AGAINST APPROVAL
Section 2. Thai if said proposal set forth in Section 1, above, is approved
at said referendum election by a single majority vote of those qualified electors within
the City of Delray Beach and the enclaves that would be subject to annexation under
said "Delray Beach Enclave Act" voting in said referendum held by the City of Delray
Beach, and if the proposal is otherwise approved in accordance with the provisions of
law relating to elections currently in force, then same shall be approved and take effect
as provided by law.
Section 3. That if any clause, section, or other part of this ordinance be
held invalid or unconstitutional by any court of competent jurisdiction, the remainder of
this ordinance shall not be affected thereby, but shall remain in full force and effect.
Section 4. That this ordinance shall become effective immediately upon its
passage on second" and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
9th day of September , 1986.
ATTEST:
Cf tv 'Clerk
As~t.
First Reading August 26, 1986
Second Reading September 9, 1986
ORD. 54-86