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76-X RESOLUTION NO. 76-X A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING RESOLUTION NO, 74-L AND PROVIDING FOR GUIDELINES AND PROCEDURES FOR ANNEXATION OF LAND CONTIGUOUS TO SAID CITY. WHEREAS, the City Council of the City of Boynton Beach, Florida, heretofore on April 2, 1974, adopted Resolution 74-L establishing the pro- cedure to be fo[lowed in connection with annexation of [and contiguous to the territorial limits of the City; and WHEREAS, the Florida State Legislature enacted Florida Statute Chapter 171, entitled the "Municipal Annexation or Contraction Act" effective October 1, 1974, which ~A~mt was amended effective July 1, 1975; and WHEREAS, Florida Statute Section 171. 0413(4) dec[ares that said Act shall constitute a uniform method for the adoption of an ordinance of annexation by a governing body of any Florida municipality, and ail existing provisions of special laws which establish municipal annexation procedures are thereby repealed; and WHEREAS, the City Council of the City of Boynton Beach, Florida, de~ns it essential thai the existing guidelines and criteria setting forth pro- cedures for annexation of [and contiguous to the territorial limits of the City be modified so as to comply with the provisions of Chapter 171 of the Florida Statutes (1975); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: That Resolution No. 74-L be and it is hereby repealed in its entirety. Section 2: That the p~erequisite procedures to be fo[lowed and form., to be completed in connection with the initiation and effectuation of annexation of [and contiguous to the territorial limits of the City of Boynton Beach, Florida, as set forth in Exhibit "A" attached hereto and made a part hereof by reference is hereby officially adopted and established as the procedure to be fo[lowed with respect to any proposed future annexation. Section 3: That upon the filing of each application for annexation there shall be paid a non-refundable deposit in the amount of $100.00 to be placed in the General Fund of the City. PASSED AND ADOPTED this ___~5~ day of April, A0 D., 197:6. CITY OF BOYNTON BEACH, FLORIDA Vice Mayor / Council Mere ATTEST: City Clerk er COuncil EXI4IBIT "A" INITIATION OF ANNEXATION 'PROCEEDINGS" Pursuant to Chapter 171 of the Florida Stalutes (1975) there are two (2) methods by which contiguous property may be annexed within the corporate limits of a municipality. These two (2) methods are as follows: 1. Vo['UntaryAnn~xation. A Il owners of a contiguous unincorporated tract may apply to the City Council for the annexation of the tract without the necessity of a referendum or a citizen's petition requesting a referendum. 2. The City Council may adopt an ordinance proposing annexation pursuant to the procedure for the adoption of a non-emergency-ordinance established by Section 166. 041, Florida Statutes (1975). The p~erequisite steps to be followed in connection with each of lhese alternate methods of annexing property are set forth as fo[lows: VOLUNTARY ANNEXATION 1. Ail owners of a contiguous unincorporated tract shah cpmp[ete and execute the Application for Annexation and atlach documents (see Forms A-1 through A-7) togelher with a non-refundable ~posit in the amount of $i00.00, which shah be filed with the City Manager for placement on lhe City Council agenda (meeting dates being the first and third Tuesdays of each month). 2. After determination that the Application bears lhe signatures of ail owners of property in the area proposed to be annexed, lhe City Council m-~y refer lhe request to the Planning and Zoning Board for study and recommen- dation. 3. If the Application is referred to the Planning and Zoning Board, the City Planner or City Bui[ding Official, as the case may be, shah circulate the Departmental Review Form (see Form B-l) among the City Depariment heads. for completion and return. 4. After studying the contents of the Application for Annexation, the completed Departmental Review Forms and the input provided by the app~i~cant(s), planning consultants and other interested persons, the Planning and Zoning Board shah submit its recommc~ndations to the City Council in the form of a report setting forth the proposed zoning classification(s) and plans to provide urban services to the area to be annexed, which report shah include: (a) A mBp or maps showing the present and proposed municipal boundaries, present major water mains and sewer inlerceptors and outfa[[s, proposed extensions of such mains and outfa[[s, and genera[ [and use patterns in the area to be annexed; (b) A statement certifying that the area to be annexed meets the criteria set forth in (i) and either (ii) or (iii) be[ow: (i) The iota[ area of the parcel under consideration must be contiguous to municipal boundaries at the time annexation proceedings are begun. "Contiguous" means that a substan- tial part of the boundary of the terrilory sought to be annexed by lhe City.is coterminous wilh a part of the boundary of lhe City. (See Section 171. 031(11) for a complete definition) (ii) Part of the area must be developed for "urban purposes", which means that the [and is used exiensive[y for residential, commercial, industrial, institutional, and government pur- poses including any parcels of [and retained in their natural state or kepi free of development as dedicated greenbelt areas (See Section 171. 043(2)(a), (b), and (c) for specific standards~ or (iii) The proposed area either: lies be%ween the municipal boundary and an area developed for urban purposes, so that the area developed for urban purposes is either not adjacent tb the municipal boundary or cannot be served by the munic- ipality without extending services and/or water and/or sewer lines through such sparsely developed areas; or it is adjacent, on at [east 60% of its external boundary, to any combination of the municipal boundary and the boundary of an area or area~ developed for urban purposes. (c) A statement setting forth the plans of the City to extend to the area to be annexed, each major municipal service performed within the City at the time of annexation; specifically: (i) Provide for extending services to the parcel, on the date of annexation, on substantially the same basis, and in the same manner, as services are provided within the rest of the City; (ii) Provide for the extension of existing municipal water and sewer services into the area to be annexed so that when these services are provided, property owners in the parcel will be able to secure public water and sewer service, according to the policies in effect relative to extending water and sewer lines to individual lots or subdivisions; (iii) If extension of major trunk water and sewer mains into the parcel are necessary, set forth a proposed time table for con- struction as soon as possible following the date of annexation; (iv) Set forth the method of financing the extension of services into the area to be annexed. 5. After considering the report reflecting the findings and recommenda- tions of the Planning and Zoning Board, the City Council may, at any regular meeting, pass a non-emergency ordinance on first reading to annex the property. 6. After passage on first reading, the ordinance to annex is published once a week for four consecutive weeks in a newspaper in the City. 7. After completion of the required publication period, the City Council at any regular meeting may adopt the ordinance to annex, which shah bec~me effective ten days thereafter. 8. Within 'thirty days after its effective date, the City Clerk shall file a certified copy of the ordinance lo annex with the Florida Department of State as a rewk~ion of the City Charter and with the Clerk of the Palm Beach County Circuit Court, together with the Notice of Municipal Annexation, which shall also be forwarded to the parties designated at the bottom of attached Form D-I. ANNEXATION INITIATED BY CITY COUNCIL 1. The City Council may propose annexation of a contiguous unincorpor ated tract by directing the City Planner or City Building Official, as the case may be, to circulate lhe Departmental Review Form (Form B-l) among the City Department heads for completion and return. 2. ~he Planning and Zoning Board shall study the contents of the Departmental Review Forms as well as input provided by owners, developers, planning consultants and other interested persons, whereupon it shall submit its recommendations to the City Council in the form of a report setting forth the proposed zoning classification(s) and plans to provide urban services to the area to be annexed, which report shah include the matters set forth under the provisions of Paragraph No. 4(a) through (c) above. 3. After'considering the report ref[eciing the findings and recommenda tions of the Planning and Zoning Board, the City Council al any regular meet- ing may propose to annex the property by passing a non-emergency ordinance on first reading. 4. After passage of the ordinance proposing to annex on first reading, the City Clerk shah publish notice of 'the proposed ordinance at [east fourteen days prior to the second reading thereof, stating 'the date, time and place of the meeting, the title or iii[es of the proposed ordinance, and the place or places within the City where such proposed ordinance may be inspected by the public. Said notice shah also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. 5. After completion of the required publication period, the City Council may at any r~gular meeting adopt the ordinance proposing to annex the property. 6. Prior to the ordinance of annexation becoming effective, it shah be submitted to a separate vote of the registered electors of the City-and of the area proposed to be annexed. Such referendum shall becc~al[ed and conducted and the expense %hereof paid by the City and sh~[[ be held at the nexl regularly sb~edu[ed election following final adoption of the ordinance by the City Council or at a special election called for the purpose of holding the referendum, but in no event sooner than thirty days after adoption of the ordinance by the City Council on second reading. 7. The City Clerk shah publish notice at [east once a week for four consecutive weeks immediately preceding the referendum giving the 'time and places for the referendum and a description by metes and bounds of the prop- erty to be annexed, including a m~p clearly showing the area. 8. On the day of the referendum there shall be prominently displayed at each polling place a copy of the ordinance of annexation and a metes and bound~ description of the property proposed to be annexed. Ballots or mechanical voting devices used in the referendum on annexation shah offer the choice "For~annexation of property described in Ordinance No. of the City of Boynton Beach, Florida'' and "Against annexation of property described in Ordinance No. of the City of Boynton Beach, Florida" in thai order. 9. If there is a majority vote for annexation in both the City and in the area proposed to be annexed, the ordinance shall become effective 'ten (10) days after the referendum or as otherwise provided in the ordinance, but not more than COne (1) year fo[lowing the date of the referendum. 10. If there is a majority against annexation in either the City. or/and in the area proposed to be annexed, the ordinance shall not become effective and the area proposed to be annexed shall not be subject of an annexation ordinance by the City for a period of two (2) years from the date of the referendum. 11. Within thirty days after its effective date, the City Clerk shall file a certified copy of the ordinance to annex with the Florida Department o.f State as a revision of the City Charter and with the Clerk of the Palm Beach County Circuit Court, together with the Notice of Municipal Annexation, which shall also be forwarded to the parties designated at the bottom of the attached Form D-1. OTHER PERTINENT PROVISIONS The fo[lowing excerpts from Chapter 171 of the Florida Statutes (1975) are included to facilitate reference to the various other aspects of the annex- ation procedures: Apportionment of Debt and Taxes "The area annexed to a municipality shah be subject to the taxes and debts of the municipality upon the effective date of the annexation; however, the annexed area shall not be subject to municipal ad valorem taxation for the current year if the effecii~e date of the annexation fails after the municipal governing body levies such tax. 171. 061(1) Eff~i~SJ '6f Anriexation "An area annexed to a municipality shah be subject to ail laws, ordinances, and regulations in force in that municipality and shall be'.:.en~t[ed to the same privileges and benefits as other parts of that municipality upon the effective date of the annexation." 171. 062(1) "If the area annexed was subject to a county land use plan and county zoning or subdivision regulations, said regulations shall remain in full force and effect until otherwise provided by [aw; provided thai a municipal governing body shall not be authorized to increase, and is expressly prohibited from increasing or decreasing theddensity allowed under such county plan and regulations for 'a period of two years from the effective date of the annexation unless approval of such increase is granted by the governing body of the county." 171.062(2) In cases where a zoning change is not permitted by the County and the [and in question has a zoning classification not existing in the City's limits, the City will be bound to familiarize itself and enforce the County's zoning and sub- division regulations until the two (2) year [imitation has expired, at which tim the zoning may be changed by the City so that it reflects local regulations. Appeal on Annexation "No later than 30 days following the passage of an annexation ordinance, any party affected who shall believe that he wi[[ suffer material ~njury by reason of the failure of the municipal governing body to comply within the procedures set forth in this chapter for annexation . . . or to meet the requirement established for annexation . . . as they apply to his property may file a petitic in the circuit court foi~ the county in which the municipality or municipalities are located seeking review by certiorari pursuant to Seciion 120.31." 181. 081(1) Fragmentation of Ownership "Any improved parcel of land which is owned by one individual, corporation or legal entity, or owned colleCtively by one or more individuals, corporations or legal entities, proposed robe annexed under the provisions of this act shah not be severed, separated, divided or partitioned by the provisions of said ordinances, but shaH, if intended to be annexed, or annexed, under the pro- visions of this act, be annexed in its entirety and as a who[e; . . pr~)vided, however, the owner does not desire ail of his tract or parcel included in said annexation." 171. 0413(7) CITY OF BOYNTON BEACH, FLORIDA APPLICATION FOR ANNEXATION Instructions Ail properties wii~hin a single application must be contiguous and immediately adjacent to one another, or be the subject of separate applications. No application shall be accepted unless it is presented on the official form of City of Boynton Beach, Florida. The applicant must submit 'two copies of this application and other required information. Before an application may be accepted, it must fully comply with ail required information as stated below. ATTACH THE FOLLOWING REQUIRED INFORMATION TO THIS APPLICATION: A copy of the recorded subdivision plat if the subject property is a lot or lots of record. or AIL oiher property must be shown on a certified legal survey made by a surveyor registered in the State of Florida and drawn to a scale appropriate to lhe size of the subject property. The legal survey shah include an accurate legal description of lhe subject property to be annexed, and a computation of the total area of the subject property, computed in square footage and to the nearest one'tenlh (1/10) of an acre. A statement of the applicant's interest in lhe property to be annexed, including a copy of ih, last recorded Warranty Deed, and: aJ If joint and several ownership, a written consent to the annexation petition by ali owners of record, be If a lessee, a copy of the Lease Agreement and written consent of · the owner, or Ce If an authorized agent, a copy of lhe Agency Agreement or written consent of lhe seLler/owner, or de If a corporation or other business entity, the name of the officer or person responsible for the application and written proof that said representative has the delegated authority to represent the corpor- ation or olher business entity, or in lieu thereof, writlen proof lhat he is in fact an officer of the corporation or other business entity, or ee If a contract purchase, a copy of flae Purchase Contract and written consent of the selLer/owner. COMPLETE THIS APPLICATION FORM AND SUBMIT WITH REQUIRED ATTACHMENTS TO: CITY OF BOYNTON BEACH, FLORIDA APPLICATiON FOR ANNEXATtON DATE APPLICATION FILED: ................................... DATE OF TENTATIVE APPROVAL: ...... REJECTION: ' DATE OF COMPLETION OF ANNEXATION REPORT: DATE OF ORDINANCE PROPOSAL: DATE OF ORDINANCE ADOPTION: DATE OF REFERENDUM IF REQUIRED: RESULTS OF REFERENDUM: FOR ORDINANCE REJECTION: -AGAINST DATE ANNEXATION BECOMES EFFECTIVE: DO NOT WRITE ABOVE 'rtiIS LINE' FOR DEPARTMENTAL' USE ONLY Name of Developer/Owner: Area of Subject Property: 'Estimated Present Population: Existing Zoning: Proposed Zoning: GE NE RA'L 'DA TA Sq. Ft. or Acres Density A [[owed: Density Allowed: d.u.'s/acre d.u.'s/acre EXISTING UTI LITIES Ware r: Wastewaler Collection: So[id Waste (garbage) A-2 STATEMENT OF USE Exisling Use: Proposed Use: JUSTIFICATION Express in your own words why this annexation wi[[ be beneficial to Boynton Beach, F[orida: EXACT LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED A-3 0 z WE~T SW 2~RD AVE Name of Development/Owner, Locate-*the. sub ~ th BOYNTON BEACH CORPORATE LIMITS. APRIL, 1975 0 I 2 Scale in Miles ~ncl sl~ade in the'area. APPLICANT'S CERTIFICATION A-5 (I) {We) affirm and certify that (I} {We) understand and will comply with the provisions and regulations of ]~oyhton Beach, ' Florida Zonin Code, (Il (We) .further certify ~hat the abo~e sta+~*~ ~-~.,'_Lt ', g a r or · .,. ~,,=,,~ ur u]agrams maae on any p pe plans submitted herewith are true to the best of (my) (our) knowledge and belief. Further (Il (We) understand that this application, attachments, and fees become part of the Official Records of ]3oynton Beach, Florida and are not returnable.. APPLICANT IS: _ Owner ~ Signature of Applicant .Optionee Lessee Type Name of Applicant · Street Address _Agent Ci,ty and State Contract Purchaser Tel ephone Number OWNERS AUTHORIZATION r Annexation, Florida Statutes require that a the signatures of all owners of property in an area to be ~ority authorizing a person °ther ~;hah th~ Such,a peti~tion must be attached to and a~ 'such-petition. Signature of Owner(s) of Record Type Name of Owner(s) Street Address City and State ~ignature of ApPlicant ~ype Name of Applicant Street Address-: City and State ~elephone Number TelephoneNumber AFFIDAVIT A-7 STATE OF FLORIDA ) COUNTY OF PALN BEACH ) SS Before me, "the undersigned authority personally, appeared (Name of Owner) , who being by me first duly sworn, on oath deposes and says: ~ 1. That he is the fee simple owner of the following described property, to-wit: (Give legal description) (Attach if insufficient space} 2. That he desires annexation to Boynton Beach, Florida. 3. That he has appointed {Name of Agent) to act as agent in his behalf to accomplish the above. Sworn [o and subscribed before me this day of , 197 Notary Public, State of Florida at Large ~ Commission Expires: .... (Signature of Owner) Affiant DEPARTMENTAL REVIEW FORM TO: ALL DEPARTMENTS RE: ANNEXATION OF~ROPERTY AS GENERALLY DESCRIBED HEREIN Please evaluate the initial impact that the annexation of property described herein will have on your.department. ~ ~.~.- . Name of Deve Area of Subject PropertY~ Sq, Ft. o~ Estimated Present Population Estimated Number of'Existing Housing Units B-I Existing Use · Proposed Use Would your Department need to increase the number Of personnel this annexation? Yes Estimated number of additional personnel required: Would your Department need to increase expenditures as a result of annexation? Yes Estimated annual increase in salaries: operating & maintenance: capital outlay: CoFrm~e n ts; City Clerk Planning Uti 1 i ti es Sani tati on ~i nance Police (Attach if insufficient'space,) ,.~ City Engineer ~ ~' · Bull ding Official -P~ease return this form to (name Attachment - Location Map Rersonnel & Purchasing NOTICE OF MUNll Please be advised by this notification and attached location map, that certain lands have been annexed by Bovnton Beach, Florida. Information contained herein is pertinent to ~he area in question. If additional material is' required, please contact the office of Nm~)e of Development/Owner: Ordinance # or Special Act of State Legislature: Bill # Effective Date: Area of Subject Property: _ . Estimated Present Population: Estimated Number of Existing Dwelling Units: Estimated Present Res.~dential Density: ~ - Zoning: Sq. Ft. or Density Allowed: Existing Type of Development. - Acres d. u./s cre d.u. ' S/acre ;:!'? .. Proposed Type of Development: __*Owner or Petitioner All City Departments __ All Utility C(~npanies ~ Ch~wnber of Commerce Bureau of Census ~(~C]erk of County Circuit Court - to receive copy of ordinance A~ c)~)~ent - Location Map *County Commissioners *County Planning, Bldg. & Zoning Dept *Area 'Plannin§ Board __*County Tax Assessor ~*Secretary of State *Supervisor of Regist.ration *State Beverage Department __ *State Department of Tra~portatio~.~