Annexation Petition Summary

(1)

p

Annexation Petition Summary

Municipality Greenacres

Annexation Name Enclave A B,

c

.

D Annmction 10 Acres location First Reading Type Intake Date EXi&ting U$e County FLU County Zoning Propo:sud U&tl Proposed FLU Proposed Zoning Commissioner Adoption Data OrdNum 21)00-1 M-001 19.57 1014i99 lnterlocal Carol Roberts 10/18199 99-36

Affected Parcel Control Numbers 0042:-1'1·H4~·C0i;·72~0 00~2-<t<1·20·32·C 1 C.C050 oo..c.?.M·(J·n-Q, t--X~30 District 2 Complotod? Objections? Comments: Fisca.l Year 2000 Status Adopted

Second Reading 10i16/99 Autold 153

(2)

2000-18-001 ORDINANCE NO. 99--36 frr.I;~•IR A. R. r.. 11 AN ORDINANCE ADOPTED BY THE CITY COUNCIL OF THE CITY OF GREENACRES, FLORIDA, AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF GREENACRES AND PALM BEACH COUNTY, PURSUANT TO CHAPTER 171.046, FI.ORIDA STATUTES, PROVIDING FOR THE ANNEXATION OF FOUR ENCLAVES; PROVIDING FOR TRANSMITTAL TO THE PALM BEACH COUNTY.BOARD OF COUNTY COMMISSIONERS FOR SUBSEQUENT ACTION; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, Chapter 171.046, Florida Statutes. provides for ann~xation of certain e1.claves into

a

municipality by entering into an lnte~ocal Agreement between the Municipality and the County having jurisdiction over such enclave; and

WHEREAS, Chapter 171.046, Florida Statutes. limits annexation

b

y

lnterlocal

Agreement to enclaves of ten (10) acres or less in size; and

WHEREAS, Chapter 171.031(13)(a) and (b), FI<Jrida Statutes, defines enclaves as developed Ot improved property bounded on all sides by a single municipality, or bounded

by

a single municipality and by a natural or manmade obstacle that allows

passage of vehicular traffic to that unincorporated area only through the municipality; and

WHEREAS, the County and the City have determined thai it is appropriate and ovilf proroote efficient provision of governmental services for the City to annex certain enclaves; and

WHEREAS, it has been determined by the City and by the County that tha ,:>arcel• to be annexed Via this lnter'ocal Agreement meet the requirements set out In Sections 171.031(a) and (b) and t71.046, Florida Statutes, as such enclaves are developed or are improved, are ten (10) acres or less in size. and are completely surrounded by the City or are surrounded by the City and a natural or manmade obstacle dlat allows passage of vehicular traffic to the encla•Jes only through the City; and

Groenacru Ont !-l9.:u:;

(3)

Ordinance 99-36 Page2

WHEREAS, the enclaves Identified herein are within the City of Greenacres future annexation area as set follh in the Comprehensive Plan, and

WHEREAS, the City of Greenacres Planning Commission has held a duly advertised public hearing on September 1, 1999 and recommended approval of petition ANX·99-05

to

annex the subject properties into the City of Greenacres; and

WHEREAS, the City Council of the City of Greenacres further finds t!la~ in

ac::ordance with the U.nd Development Staff Report and Recommendation dated Augus1 19, 1999. attached hereto as Exhibit "A" and by this reference made a part hereof. the proposed annexation of the subject properties is in the best interest of the citizens of the City of Greenacres. and is in accordance with ·state and local law.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF GREENACRES, FLORIDA, AS FOUOWS:

Section 1.. The C~y Council is hereby authorized to execute an lnterlocaf Agreement (incorporated and attached herein as Exhibit B)with Palm Beach County.

Section 2. Upon execution of the lnterlocal Agreement, the City Clerk is liercl>y directed and authorized

to

transmit sufficient copies of same to the appropriate officials of Palm Beach County for Palm Beach County's consideration and execution.

Section 3. The City Manager is hareby directed to do all things necessary to

effectuate this annexation.

Section 4. Repeal of Conflicting Ordinances.

All ordinances or parts thereof or parts of the Code conHicting or inconsistent witll

(4)

Stctloo

5.

Severability.

Ordinance 99-36 Page3

II any

..alon.

part of a section, paragraph, sentence, clause, phrare or word of

th:s Ordinance Is for any reason held or declared

to

bo unconstitutional, inoperative or

void. such holdings of invalidity shal not affect the remaining portion of this Ordinance and it shall be construed

to

have been the legislative Intent to pass the Ordrnanee wHhout

such

unconstitutional, Invalid or inoperative part therein, and the remainder of !his OrdinRnCA After ihe exclusion of such part or parts shall be deemed io be held valid as If aueh part of parts had not been included therein, or II th a Ordinance or any of 1110

prov sions thereof shall be held inapplicable to any person, group of persons, property,

kind of

property

,

crn:unstan

ces

,

or set

o'

drcumr.ances, &Jeh holdings snail

not

af!ed

tho Applicability thereof

to

any olh<!r person, property or circumstances.

Sostion 6. Effoctive date

(5)

Ordonance 99-36

Pag

e4

Passed on the first reading this 4th day of Oc1obe< , 1999.

PASSED AND ADOPTED on the second reading thi• ~day October. 1999.

Attosw

~1':~

~ndra K. Hill ,City Clerk Voted

~'!!!!ff=-!S=:'Kd-~-·(j.0

Jam

E.

Rawlins

,

Sr

.

Deputy Mayor

..

:~n::r~=·s

Pamela S. Terranova City Attorney

(6)

INT

E

RLOCA

L

AGREEM

ENT

R99

24140

This lntertocal Agreement is made DEC ! t

e

day of _ _ _ _ ,, 1999

between the City of Greenacras, a municipaity in Palm Beach County, Florida, hereinafter referred to as "City' and Pa!m Beach County, a political SUbdivision of the State of Florida, hereinafter referred to as "County•, each one constituting a public agency as defined in Part I of Chapter 163, Florida StaMes. ....

WHEREAS, Chapter 163, Part I, Florida statutes (1999). known as the "Florida lnterlocal Cooperation Act of 1969' authorizes local gowrnments to make the most efficient use of their powers by enabling them to cooperate with other local~ies on a basis of mutual advantage and the;eby to provide seJVioes and facilities that will harmooize geographic, economic, popula1ion and other factors influencing the needs and development of local communities: and

WHEREAS, The "Florida lntertocal Cooperation Act of 1969" permits public ageno:es as defined herein to enter into Jnter1ocal Agreements with each other to jointly exercise any power, privilege. or authority which such agencies share in common and which each might exercise separately; and factors influencing the needs and

development of local communities; and

WHEREAS, Chapter 171.046, Florida Statutes (1999), provides for amexation of certain enclaves by entering into an lnterlocal Agreement between the Municipality and the County having jurisdiction o•1er such enclave; and

WHEREAS, Chapter 171.046, Florida Statutes (1999), limffs annexation by

lnterlocal Agreement to enclaves of ten (1 0) acres or less in size; and

WHEREAS, Chapter 171.031(13)(a) and (b), Rorida Statutes (1999), defines ~~tnt;ll::lva~:> as developed or improved property boundGd on an sides by a single municipality, or bounded

by

a single municipality and by

a

natural or manmade obstacle that allows passage of vehicular traffic to that unincorporated area only through the municipality; and

(7)

WHEREAS, the County and the City have determined tilat il is appropriate and

wiD promote efficient provision of governmental services for

the

City to annex certain

enclaves; and

WHEREAS, n has Deen determmea ~Y tne C•ty ana l>y the <.;ounty that the parcels to be annexed via this lnterlocal Agreement meet the requirements set out in

Chapters 171.031(13){a) and (b) and 171.046. Florida Statutes (1999), as such

enclaves are developed or are improved, are <en (10) acres or less in size. and are oomptetely surrounded by the City or are sUirounaed by the City and a natural or manmade obstacle that allows passage of vehicular traffic to the encl.aves only through the City; and

WHEREAS, the enclaves identified for annexation in this lnterlocal Agreement

are in the City's future annexation area as provicfed for in the City's study for

a

n

nexation

;

and

WHEREAS, the County and the City agree that the parcel lo be annexed via

this

lnterlocal Agreement is subjec. to the Land Use Atlas of the Palm Beach Covnty

Comprehensive Plan and County zoning and subdivision regulations until the City

adopts a comprehensive plan amendment to include the parcel to be annexed in the Comprehensive Plan.

NOW, THEREFORE, in consideration of the mutual representations, terms, and CO'Jenants he<einaiter set forth. the parties hereby agree as follows:

Section 1. Purpose

The purpose of this Agreement is to allow annexation by the City of Greenacres of certain unincorporated enclaves which are identified in Composite ExhiM "A" attached hereto ana made a part hereoi.

Section 2. Definitions

The following defin~ions shall apply to this Agreement:

1. The term 'enclave" shall be defined as set forth

m

Chapter 171.031(13)(a) and (b). Florida Statutes (1999).

2. "Act" means part I of Chapter 163, Florida Statutes, ( 1999j.

(8)

S. 'Agreemenr means this lntertocal AgreemenL including any amendments

or sLcpplements here:o. exeou:ed and delivered in aocordanoe with the

terms hereof. Sect'On

;s .

.

a,r,nexat!on

The unincorporated enclaves Identified in Composite Exhibh • A". which is

attach-ed hereto and made a part hereof, are hereby annexed into and are included in the

corporate bounaaries of the City of Greenacres.

Seeton

4 _

E!fec1Ne

Date

This Agreement shal take effect upon execution by both parliea.

Section 5. rifng

Upon execution by both parties, a copy of this Agreement shall be filed with the Cieri< of the Circu~ Court in and for Palm Beach County.

Section 6. Notffi·cation

The City hereby acknowledges that ft has provided wrhten notice to all owners of '"al prol'<!rty located in the enclaves Identified in Exhibit "A' whose names and addresses are known by relerence

to

tile talE>$! published oo vnlorem tnx records of the Palm Beach Couniy Property Appraiser. The written notice shal describe the purpose of the lntertooal Agreement and shall state the date,

tme

.

and place

at

the meeu>g

at

the City Council of the City of Grcenac:ros where this lnteMocal Agreement shall be considered for adoption. Subsequent to the adoption of this interlocal agreement, the

City will provide additional written notice that wtli indtcate tile name and telephone

number of o Palm Beach County ataff person to contact regarolng the date, time, and place when the Palm Beach County Board of County Commissioners shall consider the adoption of this lntertocal Agreement

Section 7_ Captio<li

The captions ami sedion desgnatlons henein st't forth are lot eonven~ only and shan have no substanwe meanrng.

Section 8. Severpbjlit:'f

In the event that any S<!Ciion, paragraph, sentenc ... clause, or provision hereof be

held by a court of competent jurisdiction to be invalid, such shall not affect the remainJOg

portions

at

this Agreement and the same shall remain in full fort:e and effect. Pagel oD

(9)

Section 9. Entirety of Agreement

This Agreement represents the entire understanding between the parties. and supersedes all other negotiations, representations, or agreement, either written or oral,

relating to this Agreement. This Agreement may be executed in two or more

counterparts. each of which shall be deemed an original. but all of which shall constitute one and the same instrument.

(10)

/\TTEST·

OOROTHY

H

.

WIL~EN. CLERK

Board oi county Commi&sion&rs

WITNESSES:

ATTEST:

i

PALM BEACH COUNTY, FLORIDA BY ITS

BOARD OF COUNTY COMMISSIONERS

24140

ore

2

1

11!9 ·~· '

County Attorney

CITY OF GREENACRES, FLORIDA

Samue~eri. Mayor, City of Greenacres

/

A_.Pp{oved a o Form and gal Sufficiency

1/

0A

·

Pamela S. Terranova, City Attorney