Res 43-86 RESOLUTION NO. 43-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION ON
NOVEMBER 4, 1986 FOR THE PURPOSE OF CONDUCTING A
REFERENDUM WITHIN THE CITY OF DELRAY BEACH AND THOSE
ENCLAVES SUBJECT TO ANNEXATION PURSUANT TO THE TERMS
AND PROVISIONS OF THE "DELRAY BEACH ENCLAVE
ACT"(CHAPTER 86-427, LAWS OF FLORIDA); PROVIDING FOR
TERMS AND CONDITIONS OF SUCH REFERENDUM ELECTION.
WHEREAS, the Florida Legislature has enacted the "Delray Beach Enclave Act"
(Chapter 86-427, Laws of Fiorida) to provide for annexation of enclaves by ordinance of
the City of Delray Beach; and,
WHEREAS, Section 5 of said "Deiray Beach Enclave Act" Chapter 86-427, Laws
of Florida (the Delray Beach Enclave Act"), provides 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
said Act may vote; and,
WHEREAS, Section 5.07 (a) of the City Charter of City of Delray Beach,
Florida, requires that a Resolution be adopted calling for a Special Election in order to
hold such referendum.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That a Special Election for the purpose of holding a referendum
on approval of the effectiveness of the "Delray Beach Enclave Act" (Chapter 86-427,
Laws of Florida), is hereby ordered to be held within the City of Delray Beach and
these enclaves subject to annexation pursuant to the terms and provisions of said
"Delray Beach Enclave Act" (Chapter 86-427, Laws of Florida), on Tuesday, November
4, 1986.
Section 2. That the registered and qualified electors within the City of
Delray Beach and w~thin the enclaves that would be subiect to annexation pursuant to
the provisions of the "Delray Beach Enclave Act" (Chapter 86-427, Laws of Florida)
shall be entitled to vote on the approval of the effectiveness of the Act.
Section 3. That polling locations shall be as determined by the Supervisor of
Elections for Palm Beach County, Florida.
Section 4. That the polls shall be open for voting on the day of the election
from 7 a.m. to 7 p.m.
Section 5. That the City Clerk of ti~ City of Delray Beach, Florida, is
authorized and directed to give notice of the referendum election as required by the
City Charter and Code of Ordinances of the City of Delray Beach, Florida and the
provisions (~f law relating to elections generally.
Section 6. That the vote at the referendum election shall be by votomatic
and at each polling place there shall be at least one such votomatic device. Votomatic
cards shall also be used for absentee voting. It shall be the responsibility of the
Supervisor of Elections for Palm Beach County, Florida, to have prepared and furnished
to the inspectors for said election voting equipment in such numbers as shall be
required to carry out the intent of this Resolution, and to have prepared and approved
by the proper authorities and installed in the voting place(s) such ballots or other data
as is necessary to conduct the election; except that the City may provide maps of the
"General Boundaries of the City of Delray Beach" showing thereon the enclaves subject
to annexation pursuant to said Act.
Section 7. That returns of the referendum election question shall be can-
vassed in the manner provided by law, and the returns shall be certified to the City of
Delray Beach, Florida, which shall declare the results thereof.
Section 8. That the ballot question for the referendum election shall be
substantially as follows:
THE "DELRAY BEACH ENCLAVE 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 ENCLAVES 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 APPLI-
CABLE TO SUCH ANNEXATIONS OR ANNEXATION PROCEDURES;
APPLICABILITY ONLY WITHIN THE GENERAL BOUNDARIES OF THE
CITY OF DELRAY BEACH WITH 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 9. That the Supervisor of Elections for Palm Beach County, Florida,
is hereby autl{°rized and requested upon notification by the city, of the streets and
street addresses included in the enclaves that would be subject to annexation pursuant
to the provisions of the "Delray Beach Enclave Act" (Chapter 86-427, Laws of Florida),
to mark the precinct registers indicating the voters within the enclaves who are
qualified to vote in the referendum. In addition, the Supervisor of Election for Palm
Beach County, Florida, is authorized and requested to provide a precinct register of all
qualified voters residing within the City of Delray Beach, Florida. A certified copy of
the appropriate lists shall be furnished to the inspectors and clerk of the election of
the polling places where the votes are to be cast, and a certified copy of each of such
lists shall be filed among the records of the City.
Section 10. That this referendum special election shall in all other respects
be held and conducted as required by state law relating to elections as same are
currently in force.
Section 11. That there shall be a simple majority vote of those voting for
approval (~-~ray Beach Enclave Act" (Chapter 86-427, Laws of Florida) required
to approve of the effectiveness of said Act, with the votes of those qualified voters
within tl~e City of Delray Beach and those voters within the enclaves that would be
subject to annexation pursuant to said Act being combined to make such determination.
If there is such a simple majority vote for approval of the effectiveness of the "Delray
Beach Enclave Act" (Chapter 86-427, Laws of Florida), then said Act shall immediately
become effective upon the declaration of the results of said referendum by the City
Council of the City of Delray Beach, Florida as provlded for herein.
Section 12. That this Resolution shall take effect immediately upon its
passage and in the manner provided by law.
PASSED AND ADOPTED in regular session on this, the 26th day of
August , 1986.
MAYOR
ATTEST:
City~lerk
3 RESO. NO. 43-86