Res 06-87 RESOLUTION NO. 6-87
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, REQUESTING THAT THE BOARD OF
COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA,
DELAY ANY FURTHER REQUESTS FOR REZONING OF OR
CHANGES TO COMPREHENSIVE LAND USE PLAN DESIGNATIONS
FOR ENCLAVES OR COUNTY POCKETS WITHIN THE GENERAL
BOUNDARIES OF THE CITY OF DELRAY BEACH, FLORIDA
UNTIL THE CITY OF DELRAY BEACH HAS COMPLETED THE
ANNEXATION PROCESS AS PROVIDED FOR IN THE DELRAY
BEACH ENCLAVE ACT (CHAPTER 86-427, LAWS OF FLORIDA);
AND CREATING A TASK FORCE TO REVIEW PROBLEM AREAS;
PROVIDING FOR DIRECTION TO THE CITY ATTORNEY'S AND
CITY MANAGER'S OFFICES; PROVIDING FOR COPIES;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida did, during
its 1986 session, adopt the "Delray Beach Enclave Act" (Chapter 86-427,.
Laws of Florida), which authorizes under certain conditions the annexa~
tion of enclaves within the general boundaries of the City of Delra~
Beach, Florida; and,
WHEREAS, in accordance with the said Enclave Act, the City is
currently proceeding with the review and processing of matters, includ-
ing comprehensive site plan formation, to provide for such annexation of
enclaves; and,
WHEREAS, said Enclave Act is in process of litigation in the
U.S. District Court for the Southern District of Florida, which may
delay the final annexation of such enclaves; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~.S_~. That the City Council hereby declares that it is
preparing and undertaking the annexation of the enclaves within the
general boundaries of the City of Delray Beach, Florida, as provided for
in Chapter 86-427 , Laws of Florida, known as the "Delray Beach Enclave
Act".
· gS_~D~_~. That the City of Delray Beach, Florida, needs the
cooperation and assistance of the Board of Commissioners of Palm Beach
County, Florida, in order to convey those designated "pocket areas" into
the City in the least disruptive manner, and in the most timely manner
which will avoid speculative rezoning inconsistent with existing City
zoning and Land Use Plans which are currently under review in confor-
mance with Florida Statutes and the Delray Beach Enclave Act.
~.S.~~. That the City of Delray Beach, Florida, is in the
process of evaluating the infra-structure needs and requirements within
and caused by the annexation of said enclaves, and thus county rezonings
and comprehensive land use plan changes at this time would be disruptive
to that process which is intended to provide and improve the water,
sewer, fire protection, solid waste systems and roadways as may be
required to provide full City services.
~gfJ~_~. That rezoning requests and comprehensive land use
changes within the enclaves may be intended to thwart the City's
comprehensive planning process, and the future, orderly development of
enclaves, including that of the infra-structure; may hinder and or
disrupt the current litigation contrary to the intent of the "Delray
Beach Enclave Act" and the voting results provided for in said Act; and
such rezoning requests to the County may also be viewed as attempts to
avoid the requirements of the land use requirements of Florida Statutes
for both the County of Palm Beach and the City of Delray Beach.
~. That the City and County at the earliest possible
time should create a task force to review and report to the respective
political entities where there are differences in zoning requirements
within the enclaves designated by the Act and County areas contiguous to
the City of Delray Beach.
~_q_~. That the City Attorney's office and the City
Manager's office are hereby authorized and directed to contact the
County Attorney and County Administrator to request their assistance in
accomplishing the intent of this Resolution.
~_9~. That the City Clerk is hereby authorized and
directed to furnish copies of this Resolution to each member of the
Board of County Commissioners of Palm Beach County, Florida, as well as
to the County Administrator and the County Attorney.
PASSED AND ADOPTED in special session on this 17th day
of February, 1987.
MAYOR
ATTEST:
2