Res 01-94 RESOLUTION NO. 1-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, EXPRESSING ITS STRONG
OPPOSITION TO ANY LEGISLATION PROPOSED WHICH WOULD
SUBSTANTIALLY INVALIDATE THE RECENT LEGISLATION
ADOPTED IN 1993 AND CODIFIED AS SECTIONS 171.0413 AND
171.062, FLORIDA STATUTES, WHICH PROVIDES A MECHANISM
TO EXPEDITE THE ANNEXATION OF ENCLAVES; URGING ALL
LOCAL GOVERNMENTS IN PALM BEACH COUNTY TO JOIN IN THIS
OPPOSITION AND TO CONTACT THEIR REPRESENTATIVES AND
SENATORS TO EXPRESS THEIR OPPOSITION TO ANY SUCH
LEGISLATION; PROVIDING THAT THIS RESOLUTION SHALL BE
SUBMITTED TO THE BOARD OF COUNTY COMMISSIONERS OF PALM
BEACH COUNTY, TO EACH MEMBER OF THE PALM BEACH COUNTY
LEGISLATIVE DELEGATION, TO THE STATE HOUSE COMMITTEE
ON COMMUNITY AFFAIRS, TO THE STATE SENATE COMMITTEE ON
COMMUNITY AFFAIRS, AND TO OTHER HOUSE AND SENATE
COMMITTEES THAT MAY BE ASSIGNED TO REVIEW THIS
PROPOSED LEGISLATION FROM TIME TO TIME; PROVIDING FOR
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, on December 1, 1993, the House Committee on
Community Affairs Subcommittee on Growth Management will consider PCB
CA 94-02 which if adopted, would substantially invalidate a provision
of the State law codified as part of the State Annexation Law at
Chapter 171, Florida Statutes, which was just enacted in 1993 to assist
cities and counties in the elimination of enclaves; and
WHEREAS, there are other similar bills being prepared at this
time which will likely come before the Senate Committee on Community
Affairs during the week of January 10, 1994; and
WHEREAS, during the November special session, Senator Dudley
attempted twice to have the full Senate consider this measure; and
WHEREAS, the 1993 annexation legislation which is currently
codified as Sections 171.0413 and 171.0621, Florida Statutes, provides
for expedited methods for the annexation of small scale enclaves, as
defined in the aforementioned sections of the Florida Statutes; this
provision was included in order to provide a method to eliminate the
numerous small scale enclaves which currently exist; and
WHEREAS, this 1993 legislation represented the first reform
to the annexation statute in nearly twenty (20) years and was based
upon recommendations of the ELMS Committee after much study and
consensus building throughout the State of Florida; and
WHEREAS, the City of Delray Beach, Florida, is strongly
opposed to any type of legislation which would have the effect of
repealing or invalidating the 1993 legislation and/or which would
negate the effort of the ELMS Committee and make it difficult to
eliminate enclaves, as it has been in the past.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City of Delray Beach, Florida, hereby
expresses its strong opposition to PBC CA 94-02, which is legislation
being proposed which will, if adopted, substantially invalidate the
provisions of Chapter 171, Florida Statutes, just enacted in 1993,
which provide a mechanism for expediting the elimination of enclaves.
Similarly, the City of Delray Beach, Florida, opposes any type of
similar legislation which would invalidate or have the effect of
repealing the annexation legislation adopted in 1993 which was a result
of consensus building throughout the State and represented
recommendations of the ELMS Committee.
Section 2. The City of Delray Beach, Florida, hereby urges
all local governments to join in this strong opposition to any type of
legislation which would invalidate the 1993 annexation legislation and
to contact their Representatives and Senators to express this strong
opposition to them.
Section 3. This Resolution shall become effective
immediately upon adoption.
PASSED AND ADOPTED in regular session on this the llth day of
January, 1994.
ATTEST:
- - dity Cl~rk Y
- 2 - Res. No. 1-94
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER I]~[
SUBJECT: AGENDA ITEM % ~F - MEETING OF JANUARY 11, 1994
RESOLUTION NO. 1-94
DATE: JANUARY 7, 1994
Resolution No. 1-94 expresses strong opposition to any proposed
legislation which would involve any changes to the Enclaves Annexation
legislation that was passed and adopted at the 1993 Legislative
Session as part of the ELMS Committee package. The State Annexation
Law at Chapter 171, Florida Statutes, provides a mechanism to expedite
the annexation of enclaves and has assisted cities and counties in the
elimination of same.
There are bills being prepared which will likely come before the
Senate Committee on Community Affairs during the week of January 10,
1994.
Recommend approval and transmittal of Resolution No. 1-94 to all
members of the Palm Beach County Legislative Delegation, the Palm
Beach County Commission, the Palm Beach County Municipal League and
the Florida League of Cities.
12-1B-~3 12: iD P.B. CO. MUNICIPBL LEBGUE 053 P01/04
12/20/93 TO: City Clerk - Please prepare a similar resolution RECEIVED
for Jan. llth.
DTH:mld O[[C 1 6 I~
CITY MA~q'~ OFFICE
Palm fleath County MUNICIPAL LEAGUE
RO. BOX 1~89, ~V~NM[NTAL CINTra, ~[~T ~ALM 9~H, F~IDA ~2 (4~7) 35~6t
J MB MO RAN D UM
Mayors and Managers
Jack'an, Executive Director
Municipal League
FR; Palm~h
County
December 13, 1993
PALM [t]~,ACH CO~TTYM~NICIPALLEAG~]g ~SOLBTION 93-6
Please find attached Resolution 93-6 passed by the Palm Beach
County Municipal League which opposes any changes to the ~nclaves
Annexation legislation that was passed and adopted at the 1993
Legislative Session as part of the ELMS Committee package.
If you have any questions, please call the League office at 355-
4484.
Thank you.
~ "- 1;:::'-lB-D3 1~: lB P.B. CO. PlUNICIPRL LERGUE DS-°, PD8/04
RESOLUTION NO.
A RESOLUTION OF THE PALM BEACH COUNTY
MUNICIPAL LEAGUE, INC., EXPRESSING ITS STRONG
OPPOSITION TO ANY LEGISLATION PROPOSED WHICH
WOULD SUBSTANTIALLY INVALIDATE THE RECENT
LEGISLATION ADOPTED IN 1993 AND CODIFIED AS
SECTIONS 171.0413 AND 171.062, FLORID_____~A
STATUTES, WHICH PROVIDES A MECHANISM TO
EXPEDIT~ THE ANNEXATION OF ENCLAVES; URGING
ALL LOCAL GOVERNMENTS IN PALM BEACH COUNTY TO
JOIN IN THIS OPPOSITION AND TO CONTACT THEIR
REPRESENTATIVES AND SENATORS TO EXPRESS THEIR
OPPOSITION TO ANY SUCM LEGISLATION; PROVIDING
THAT THIS- RESOLUTION SHALL BE SUBMITTED TO
EACH MUNICIPALITY IN PALM BEACH COUNTY, TO THE
BOARD OF COUNTY COMMISSIONERS OF PALM BEACH
COUNTY, TO EACH MEMBER OF THE PALM BEACR
COUNTY LEGISLATIVE DELEGATION, TO THE STATE
HOUSE COMMITTEE ON COMMUNITY AFFAIRS, TO THE
STATE SENATE COMMITTEE ON COMMUNITY AFFAIRS,
AND TO OTHER HOUSE AND SENATE COMMITTEES THAT
MAY BE ASSIGNED TO REVIEW THIS PROPOSED
LEGISLATION FROM TIME TO TIME; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, on December 1, 1993, the House Committee on
Community Affairs Subcommittee on Growth Management will consider
PCB CA 94-02 which, if adopted, would substantially invalidate a
provision of the State law codified as part of the State Annexation
Law at Chapter 171, Florida Statutes, which was Just enacted in
1993 to assist cities and counties in the elimination of enclaves;
and
WHEREAS, there are other similar bills being prepared at
this time which will likely come before the Senate Committee on
Community Affairs during the week of January 10, 1994; and
WHEREAS, during the November special session, senator
Dudley attempted twice to have the full Senate consider this
measure; and
~ % 12-16-8~ i2:12 P. 8. CO. MUNICIPAL L~GU8 05~ POq/Oq
WHEREAS, the 1993 annexation legislation which is
currently codified as Sections 171.0413 and 171.0621, Florida
Statutes, provides for expedited methods for the annexation of
small scale enclaves, as defined in the aforementioned sections of
the Florida Statutes; this provision was included in order 'to
provide a method to eliminate the numerous small scale enclaves
which currently exist; and
WHEREAS, this 1993 legislation represented the first
reform to the annexation statute in nearly twenty (20) years and
was based upon recommendations of the ELMS Committee after much
study and consensus building throughout the State of Florida; and
WHEREAS, the Palm Beach County Municipal League, Inc., is
strongly opposed to any type of legislation which would have the
effect of repealing or invalidating the 1993 legislation and/or
which would negate the efforts of the ELMS Committee and make it
difficult to eliminate enclaves, as it has been in the past.
NOW, THEREFORE, BE IT RESOLVED BY THE PALM BEAC~ COUNTY
MUNICIPAL LEAGUE, INC., THAT:
Section l: The Palm Beach County Municipal League, Inc.
hereby expresses its strong opposition to PBC CA 94-02, which is
legislation being proposed which will, if adopted, substantially
invalidate the provisions of Chapter 171, Florida Statutes, Just
enacted in 1993 which provide a mechanism for expediting the
elimination of enclaves. Similarly, the Palm Beach County
Municipal League, Inc., opposes any type of similar legislation
which would invalidate or have the effect of repealing the
annexation legislation adopted in 1993 which was a result of
~' ~ l~-lG-_q3 1~_: 11 P. e~. co. MUNICIPAL LEAGUE
consensus building 'throughout the State and represented
recommendations of the ELMS Committee.
Section 2: The Palm Beach County Munic~pal League, Inc.
hereby urges all local governments to 3oin An this -strong
opposition to any type of legislation which would invalidate the
1993 annexation legislation and to contact their Representatives
a~d Senators to express this strong opposition to them.
Section 3: The Clerk of the Palm Beach County Municipal
League, Inc. is hereby directed to submit a copy of this Resolution
to each and every municipality in Palm Beach County, to each member
of the Palm Beach County Board of County Commissioners, to each
member of the Palm Beach County Legislative Delegation, to each
member of the State Mouse Committee on Community Affairs, to each
member of the State Senate Committee on Community Affairs, and to
other House and Senate Committees that may be assigned to review
this proposed legislation from time to time.
Section 4: This Resolution shall become effective
l~ediately upon adoption.
PALM BEACH COUNTY MUNICIPAL
LEAG~
~~onald. Pr'e~ent
Robert~..M¢~on d, .....