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are thereby repealed; and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Section 1: That Resolution No. 74-L be and it is hereby repealed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~.~