Res 56-89 RESOLUTION NO. 56-89
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, ORDERING AND PROVIDING FOR A REFERENDUM
ELECTION TO BE HELD ON OCTOBER 17, 1989, CONCERNING
WHETHER AMENDMENTS SHOULD BE MADE TO THE DELRAY BEACH
DOWNTOWN DEVELOPMENT AUTHORITY ACT (CHAPTER 71-604, LAWS
OF FLORIDA AS AMENDED).
WHEREAS, Section 5.07 of the Charter of the City of Delray
Beach and Section 34.03 of the Code of Ordinances of the City of Delray
Beach sets forth procedures for the calling of special elections; and,
WHEREAS, this resolution shall serve as notice of such special
election,
WHEREAS, Chapter 89-477, Laws of Florida, authorized certain
amendment to be made to the legislation pertaining to the Downtown
Development Authority; and,
WHEREAS, the provisions of Chapter 89-477, Laws of Florida
requires as a condition precedent to the effectiveness of the amendment
that a referendum election be held,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That a referendum election is hereby ordered to be
held in the City of Delray Beach, Florida, on October 17, 1989 to
determine whether the amendment to the Delray Beach Downtown Development
Authority Act (Chapter 71-604 Laws of Florida, as amended) should be
adopted as set forth in Chapter 89-477, Laws of Florida (HB 850), which
is attached hereto and expressly made a part hereof.
Section 2. That the polling location be as determined by the
Supervisor of Elections for Palm Beach County, Florida, and all
qualified electors of the City who vote in said election shall vote at
said designated polling place. The polls shall be open on the date of
said referendum election from seven o'clock A.M. until seven o'clock
P.M. on the same day. Only the duly qualified electors within the
boundaries of the current and proposed Delray Beach Downtown Development
Authority area will be permitted to vote in said referendum election.
Section 3. That the City Clerk of the City shall prepare and
give notice of the referendum election above required by causing a copy
of this resolution, with an appropriate caption, to be published at
least twice, once in the fifth week and once in the third week prior to
the date of said referendum election in the Delray Beach News, the first
publication to be not less than thirty (30) days prior to the date of
said referendum election. The City Clerk shall also cause, pursuant to
Section 34.03 of the Code of Ordinances of the City of Delray Beach,
Florida, a notice of the referendum election to be published in the
Delray Beach News, two times, once each week prior to the week of the
special election. The City Clerk shall secure from the publisher of
said newspaper an appropriate affidavit of proof that said resolution
has been duly published as herein set forth and said affidavits shall
be made a part of the record of the City Commission.
Section 4. That the vote at said referendum election shall be
by use of voting machine, the type which has been used in recent City
elections, and in the polling place shall have at least one voting
machine.
Section 5. The question to be submitted to the electors at
said election shall be substantially as follows:
An Amendment to the "Delray Beach Downtown Development
Authority Act" (Chapter 71-604, Laws of Florida (HB 1250), as
further amended) which shall expand the area lying within and
under the jurisdiction of the Delray Beach Downtown Development
Authority to include properties eastward of the Intracoastal
Waterway, northward of the current Downtown Development
Authority area to include those properties lying South of N.E.
2nd Street, West of N.E. 7th Avenue and East of N.E. 2nd
Avenue, southward of the current Downtown Development Authority
area to include those properties lying North of S.E. 2nd
Street, East of S.E. 1st Avenue and West of S.E. 7th Avenue,
said geographic boundaries being as more particularly described
in Chapter 89-477, Laws of Florida (HB 850).
SHALL THE ABOVE-DESCRIBED AMENDMENT TO THE "DELRAY BEACH
DOWNTOWN DEVELOPMENT AUTHORITY ACT" BE ADOPTED?
FOR APPROVAL ( )
AGAINST APPROVAL ( )
Section 6. That the returns of the referendum shall be
canvassed and certified in the manner provided by law.
Section 7. That the Supervisor of Elections for Palm Beach
.County, Florida, is hereby authorized and requested to make up and
certify a list of names of all qualified electors within the boundaries
of the current and proposed Delray Beach Downtown Development Authority
area. A certified copy of such list shall be furnished to the
Inspectors and Clerk of the election at the polling places where the
votes are to be cast in said election, and a certified copy of such list
shall be filed among the records of this City.
Section 8. That said election shall in all other respects be
held and conducted in the manner provided in and by the laws of the
State of Florida.
Section 9. That this resolution shall take effect in the
manner provided by law.
PASSED AND ADOPTED in regular session on this the 12th day of
September, 1989.
MAYOR
ATTEST:
City Cler'k
- 2 - Res. No. 56-89
,---..-¢~UG 24 '87 15:.43 ....... ¢ ..........
30l-~.14-3-1
3 Development Authority, Palm teach
S a~ended~ expanding the ~owntown development
6 a~ori~y area deecr~pCA~n ~o ~nclude
v p~opmr~Aea eaeCwaFd o~ the :nc:acoaeca~
8 #a~erwa~; florChvard o~ current downtown
0 development authoric~ area ~o include ~hose 1,8 '
Il o~ N.g. 7~h Avenue and Wear o~ N.~. 2n~ Avenue,
ii iou~hvard aC ~he current I:~wnGo~n Development
13 AUthority area to ~nc~ude tho~e properties
~4 ~¥~ng North o~ 8.E. 2nd Street, Weec o~
1Si lit Avenue, a~d BaJC oC ~.~. ?th &venue, all
16! iuoh propert~ee lying within t~e municipal
l? boundarAee o~ the ¢~CM'O! ~elray Beach;
II ~provAdA~g for · referendum, x.~2
lO
20 Be ~ Enacted by ~he ~eeLilature o~ ~ha S~aCe of Florida~ 1,eno
21
23 FlorAda, aa amended, ~e a~ended to read,
24 Se~tAo~ 3. ~ AREA DESC.q~PT;OH - The ~owfltoufl ~,~3
' 27 Co~enclng aC a ~n~ on ~he ~n~eFoecc~on o~
28 the h~gh water ~fK o{ Chi Atlantic Ocean amd
20 the lal~erl~ pco~ect~on cf ~he ~crt~ ~ne cf ~,~
301-134-3-9
' S Town ok Delta7 (~o:me~l~ Listen), t~ence
6 Wee~e~l¥ along eaid pro~ect~c~ a ~lscence
? 170.09' to a point; t~ence Northerly to ~he 1.21
ll Book 4, Page 31); c~eflce north a~ong said east 1.23
13 Seabreeze Pa=k/ chance westerly along the iouCh 1,24
14 line ~ ~ot 21 and westerly pco~eccion thereof
15 Co the welt plat limit o~ 9eabreese Par~; 1.25
l~ ~hence southerly alon~ said welt plaC limit co
l? ~ho southeast corner o~ ~o~ 20, ~ow~y Park 1.26
16 getete~ (Pla~ Book 24, Page lBS); thence in
20 of said Lot 20~ thence continuing along said
21 line Co the intersection o~ laid line wi~h the
22 West right-ag-way line o£ East Road (LO~y Pa~ 1.20
23 Estates, Book 24, page 156, o~ the
24 Record~ c~ palm Beach County, Florida); thence' 1.30
z$ Southwesterly along laid ~elc right-o£-va¥
27line o~ said rig~t-og-wa¥; ~hence So~Chve~d
along said ~eeC rLght-of-way line and its
31 Avenue~ thence westerly along said right-of-way 1.33
2
COOXBGt garde itt~eken ace deletions; words ~ are additions.
208-X34-3-9
il t~e north loc line o~ Lot Se, BXocX ll?; thence ~,65
e&eterl~ along seX~ westerly pcoJe~on
ncrch~esc corner o~ said ~o~ 18; chance 1.66
6 cAghC-oC-waM ~Ane o~ ~,t. ?~h Avenue1 chance
7 southerly along ~he lilt tigh~-of-va~ l~ne o; 1.68
8 S.~. 7~h Avlnul ~o ~he IOuthvil~ COtne~ oJ ~ot ·
i0 ealCe~ly along the south loc lines
:.~ 4S, S?, and ~2 o~ ~alm Iquarl (an unrecorded 1.70
13 o~ Block 133, ~a in ~lat loo~ 1, ~ge 3) ~o 1.71
16 SouChetl~ alo~g the ~1~ rLgh~-o~-va~ l~ne o~
cocnlc o~ iloc~ 141 (ii L~ PL&~ ~oK
22 An Plat ~o~ 21, page iS); ~hefl ~0 a ~AnC on
23 the SouC~asC es:nar o~ laid Lot Al t~lfl~e ~fl I' 1.76
24 ~orther~ d~rec~ofl a~oflg ~he WeoC X~flo of
26 hlcerly along the Nor~ lane off ~t ?; ~henco
30 S~k 2i, page 9S); ~he~ce ~ticlrl~ co chi 1.BO
3: Southwest cocne~ o~ Loc 8; thence
5
AUG ~4 "~9 16:4~ ~.~??-i~ C~RSOM&&INN,P~
308o134030I
~, along the South line o~ Loc 6 Co t~e sou(heal(
1 corner o~ LoC 81 C~enoa in a Northerly
3 direction along the Zalt line o~ Loci e, 7, 6,
4 and S to the Nor(heal( corner Ge iatd Lot S 1.82
5 (being in Block 4, Ocean Park Subdivision,
6 in PlaC Book $, pagl I~)i :~enca K&lClrl¥ to 1.83
? the SOuthwest corner of LoC ?, Block 3l thence
8 z&iterl¥ along the South line o! iai4 cot ? co 1.84
l~ corner o~ Lot 7 and the NorthVelt corner o~
~2 ~4, Block ~ (~n 8aid Ocean Park lubdiv~i~on~ 2.2
~3 BloCk 2)~ t~enoe ~aacerl~ along Chi NorC~ line
14 of ~OC 24 (in Block 3 ct Ocean Park
15 Subdivision) to ~ha No~theaat corner o£ HAd
16 LOt 34l thence Saeter~y to the #ezt~veat aornar ~.4
l0 ~2); thence in an laatarly direction along the
lO north line cZ ~ocs 7 and 34 (in Block 3 of ~.$
20 Ocean Park Su~diviaion) to the northeast corner
22 lina of LoCi 16 and 2 o£ Ilook 1 in Chi Ocean
23 Park Subdivision to a point a~ the Northeast 2.7
~4 corner o£ ~,o~ 2, l~oek ~; ~heflce Eao~e~IM along
1, Ocean Park fubd/viofl ~o ~he high va~er
.aid high v~tec mar~ ~ln.; co ~he ~oin~
3~
¢
®
201-~34-3-~
secc~on 2. ~his ccc, except ~o: c~le seccLo~ which 2.~2
upon approval by a majority vo~e o~ ~he e~eccors o~ thc area 2.L3
watch eha~ be ca,Led and held by ~he ¢£~y o! Deafly. Beach on
the CLOy et Delra¥ Beach at a specLal e~ecc~on occurring at
~east 60 days a~ter thLs acc ~ecomae & ~a~. Any i~ectoc o~ 2,L8
the county who Feeidsa ~n the preeen~ DeLsey Beach Downtown
such area ~e eL~g£~Le co vote Ln such ~efe=efldum ~Lec~on.
208-X34-3-!
~ine of N,E, 2nd Avenue co tam aouch =igAc-of-
2 w&y line c~ N.~. lmc Sc:eat; cAeflce weacerlM
3 along CAe south cigAt-o~-wa¥ line o~ N.E.
S iA uoe; %hence GooCAoF~¥ alon~ Chi Emac line of ~.S3
? SwAnSon Avenue ~o i point whe~e ~c iflCeceeoca
9 (al ~n P~tC BOOk 1, piga 3); tAonoe ZiaCerl¥
l0 along the South line et.amid ~o~ 6 and Lo~o S, 1.SS
l~ 4, 3, 2, 1 ~o chi veo~ ~ghtoo~-v&y line o~
~2 S.~. lac Aven~e; ~hence Southerly along tho
13 veaC ~lgAc-o~-way of s.z. ~ac Avenue co a po~n~
14 of lnCeraecCAon with cae no,Ch righC-c~-#e~ l. S7
1S li~e c~ 8.E. lo~ Bcreec; ~Aenoe easterly along
16 CAe north right-of-way line o£ S.B. la~ ~CceiC
~? co cae eouc~eamc corner o~ LoC lZ, JlooK 77 (ii
18 in Floc Book I, piga 3); tAenoe .oucherl~ along l. Sg
l0 ~he eeoc ~oC ~a of mild Lo% 1 and LoCi ~, 3,
20 4, 5, 6, 7, lnd I co Chi.notch
2~ line of 8,E. 2nd formic; ~henoe eaaCer~ along 1.60
22 cae notch right-of-gay line o~ e.g. 2fid S~reeC
23 Co C~o ~cu~eamc oocfler c~ Loc I3, B~oo~ x18 .. ~.6~
24 (am in PliC Book 2, page 8); CAence noccherl¥
25 along Chi eel~ lo~ line, end nor~herl~
~6 pro,motion thereof, of amid ~o~ ~3 co chi
Pla~ Book l, page 3)~ ~Aefloe norCAo~ly along