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09-03-85SpMtg SEPTEMBER 3, 1985 A Special Meeting of the City Council of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Council Chambers at City Hall at 7:07 P.M., Tuesday, September 3, 1985. Roll call showed: Present - Council Member Malcolm T. Bird Council ~iember Marie Horenburger Council Member Arthur Jackel Council 5~ember Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - City Manager James L. Pennington, and City Attorney Herbert W.A. Thiele. 5~yor Campbell called the meeting to order and announced that this meeting has been called for the purpose of: (1) considering annexation and adoption of annexation report pursuant to Florida Statute 171.042. 1. The City Manager stated Council has been furnished copies of the annexation report for the three sections which have been studied for the purpose of involuntary annexation; i.e., this will go before the voters in both the City and the residents of the areas under considera- tion. He advised that Section 1, which is located above the northern sector of the City, is a high priority area for annexation and becomes a very viable project considering they will be receiving a petition from the Palm Beach County School Board. Section 2 is approximately a two block area south of Section 1 and is primarily residential and Section 3 is an area on West Atlantic Avenue east of Barwick Road and is primarily vacant land except for a large mobile home park. In the reports they have analyzed the municipal services which can be provided to these areas as is required by State Statute and al so the water and sewer services. To have the annexations placed on the November ballot the City is required to have the first reading of an ordinance, initiating this process, on September 10th. They also have to have these reports filed with Palr~ Beach County by September 15th. The City Attorney stated if one or all of these Sections are acceptable to Council then he would need Council's adoption of these proposed urban service plans this evening with authorization and direc- tion to the administration to file them with the County before first reading of the ordinance next Tuesday. The City Attorney's office and the administration would also be directed to prepare the appropriate ordinances for first reading on September 10th, second reading on September 24th and submission to the County would be made in time that these three separate items be placed on the November ballot. Upon question by 5~yor Campbell, the City Attorney advised that if Council authorizes this action this evening then read the reports and find serious problems with them there would be no penalty for withdrawing or discontinuing the action. Mr. Jackel moved that Council consider annexation and adop- tion of annexation report, Sections 1, 2 and 3, pursuant to Florida Statute 171.042, and authorize the City Attorney's Office to prepare the necessary documents, seconded by 5'~rs. Horenburger. Mr. Bird questioned why they precluded part of Royal Palm Boulevard frc~ being within the annexation area in Section 1. The City Attorney suggested, if it is Council's thought to extend that Section to the lot line of the southern property owners facing Royal Palm Boul- evard, that they make a substitute motion to approve of the plans with a modification to the Section 1 plan to expand the proposed annexation and service area to include the lots on the north and south side of Royal Palm Boulevard. Mr. Jackel amended his motion as advised by the City At- torney, Mrs. Horenburger amended her second. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon- Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, upon question by Mr. Weatherspoon, Mr. Bird clarified that if the majority of the citizens in the City of Delray Beach vote to annex these areas and the majority of the people within them vote to be annexed it would be involuntary annexation as to those who had voted no. At this point the roll was called to the motion. Mayor Campbell declared the meeting adjourned at 7:20 P.M. ATT EST: /~/ City- ~ lerk MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of September 3, 1985, wh%ch minutes were formally approved and adopted by the City Council NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 2- 9/3/85