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Res 81-85 RESOLUTION NO. 81-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION FOR THE PURPOSE OF CONDUCTING AN ANNEXATION REFERENDUM WITHIN THE CITY OF DELRAY BEACH, FLORIDA AND WITHIN THOSE AREAS WITHIN PALM BEACH COUNTY PROPOSED TO BE ANNEXED UNDER ORDINANCES 96-85, 97-85, AND 98-85 OF THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City Council of the City of Delray Beach, Florida has passed Ordinances No. 96-85, 97-85, and 98-85, each proposing to annex certain property to the City of Delray Beach, Florida; and, WHEREAS, state law and those Ordinances provide that the Ordinances shall not be effec- tive unless and until approved at referendum by a separate majority of those voting on the annexation question both within the City of Delray Beach, and within the area proposed for annexation; and, WHEREAS, Section 5.07 (a) of the Charter of the City of Delray Beach, Florida requires a Resolution to be adopted calling for a Special Election; 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 an annexation referendum on the property proposed for annexation under Ordinances No. 96-85, 97-85, and 98-85, is hereby ordered to be held within the City of Delray Beach and within each of the areas proposed for annex- ation on Tuesday, November 5, 1985. Section 2. The registered electors of the City shall be entitled to vote on all three annexatiofl questions. T--~~ered electors of the area proposed to be annexed shall be entitled to vote only on the question regarding the annexation of the specific area in which they are registered electors. Section 3. Polling locations shall be as determined by the Supervisor of Elections for Palm Beach County, Florida. Section 4. The polls shall be open for voting on the day of the election from 7 a.m. to 7 p.m, Section 5. The City Clerk of the City of Delray Beach shall give notice of the referendum election as required by Section 171.0413, Florida Statutes. section 6. The vote at the annexation referendum election shall be by votomatic and at each polling place there shall be at least one such votomatic device. Votomatie 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 such ballots or other data as is necessary to conduct the election. Except that the City shall provide a map of each annexation area and a legal description to be posted at the appropriate polling locations. section 7. The returns of each of the annexation referendum election questions shall be canvassed in the manner provided by law, and the return shall be certified to the City Council, which shall declare the results thereof. Section 8. The ballot question for the annexatio~ of the area designated Section 1 and proposed in Ordinance No. 96-85 shall be substantially in the following form: SHALL THE PROPERTY KNOWN AS SECTION 1 FOR PURPOSES OF THIS REFERENDUM AND DESCRIBED IN ORDINANCE 96-85 OF THE CITY OF DELRAY BEACH, FLORIDA, BE ANNEXED TO THE CITY OF DELRAY BEACH, FLORIDA. YES, FOR ANNEXATION OF THE PROPERTY DESCRIBED IN ORDINANCE NO. 96-85 OF THE CITY OF DELRAY BEACH, FLORIDA. NO, AGAINST ANNEXATION OF THE PROPERTY DES- CRIBED IN ORDINACE NO. 96-85 OF THE CITY OF DELRA BEACH, FLORIDA. Section 9. The ballot question for the annexation of the area designated Section 2 and proposed in Ordinance 97-85 shall be substantially in the following form: SHALL THE PROPERTY KNOWN AS SECTION 2 FOR PURPOSES OF THIS REFERENDUM AND DESCRIBED IN ORDINANCE 97-85 OF THE CITY OF DELRAY BEACH, FLORIDA, BE ANNEXED TO THE CITY OF DELRAY BEACH, FLORIDA. . YES, FOR ANNEXATION OF THE PROPERTY DESCRIBED IN ORDINANCE NO. 97-85 OF THE CITY OF DELRAY BEACH, FLORIDA NO, AGAINST ANNEXATION OF THE PROPERTY DESCRIB IN ORDINANCE NO. 97-85 OF THE CITY OF DELRAY BEACH, FLORIDA Section 10. The ballot question for the annexation of the area designated as Section 3 and proposed by Ordinance No. 98-85 shall be substantially in the following form: SHALL THE PROPERTY KNOWN AS SECTION 3 FOR PURPOSES OF THIS REFERENDUM AND DESCRIBED IN ORDINANCE 98-85 OF THE CITY OF DELRAY BEACH, FLORIDA, BE ANNEXED TO THE CITY OF DELRAY BEACH, FLORIDA. YES, FOR ANNEXATION OF THE PROPERTY DESCRIBED IN ORDINANCE NO. 98-85 OF THE CITY OF DELRAY BEACH, FLORIDA. NO, AGAINST ANNEXATION OF THE PROPERTY DESCRIBED IN ORDINANCE NO. 98-85 OF THE CITY OF DELRAY BEACH.~ FLORIDA. Section Il. The Supervisor of Elections is hereby authorized and requested upon notifica- tion by the City, of the streets and street address included in each of the areas proposed for annexation, to mark the precinct registers indicating the voters qualified to vote in each annexation area. In addition the Supervisor of Elections is authorized and requested to provide a precinct register of all qualified voters residing in the City of Delray Beach, Florida. A certified copy of the appropriate lists shall be furnished to the inspectors and clerk of the election at the polling places where the votes are to be east, and a certified copy of each such list shall be filed among the records of the City. Section 12. This election shall in all other respects be held and conducted as required by state law. Section 13. There shall be a separate determination made for each annexation referendum question to decide whether the annexation shall be approved or fail. If there is a separate majority vote for annexation in the municipality and in the area proposed for annexation, the Ordinance of Annexation regarding that area shall become effective on the effective date specified in the Ordinance, which in the case of each of the annexations proposed is January 1, 1986. - 2 - Res. No. 81-85 Section 14. This resolution shall take effect in the manner provided by law. PASSED AND ADOPTED in special session on this the 1st day of October , 1985. ATTEST: ~ity Clerk - 3 - Res. No. 81-85