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72-TRESOLUTION NO. 72 - ~- WHEREAS, the City Council of the City of Boynton Beach, Florida, deems it essential that certain guidelines and criteria be officially established setting forth procedures for annexation of adjacent territory to the municipal limits of the City of Boynton Beach, Florida; and WHEREAS, the City Manager has heretofore prepared such guidelines and criteria, which have heretofore been reviewed by the City Council, a copy of same being attached hereto and made a part hereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: That the guidelines and criteria setting forth procedures for annexation of adjacent territory to the municipal limits of the City of Boynton Beach, Florida, contained in Annexation Report of City Manager, Travis E. Killgore, dated June, 1972, a copy of which is attached hereto and hereby made a part hereof, is hereby officially adopted and established as the procedure to be followed in connection with annexation proceedings henceforth. PASSED AND ADOPTED this ~ day of ' A.D., 1972. CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: Vice Mav-l~l~ t f/k/ '"' /~f6uncilman Council man City Clerk (CORP. SEAL) BOYNTON BEACH ANNE%_RTION REPORT By TRAVIS E. KILLGORE CITY MANAGER CITY OF BOYNTON BEACH~ FLORIDA JUNE 1972 INTRODUCTION 1khis is a detailed study of an ~rea proposed for annexation by the City of B~j~nton Beach. The study was undertaken at the re~est of the City Manager. Annexation is often simply an anti-climax to community deyelopment. ~at is~ after areas are substantially developed, the uses of the land pretty well committed, expensive but perhaps inadequate utilities installed~ etc., armexation takes place. One of the really great challenges to our cities, therefore, is to attempt to guide, coordinate and intelligently plan the development of areas out- side the city limits so that these areas will develop in conjunction with, instead of in competition to, the developments of the incorporated area. It is the responsibility of the city to look on the broad area of municipal development rather than take the selfish attitude that they need only be concerned with the welfare of the people that happen to live inside a meandering line on a map as a city limit. The City of Boynton Beach no~.~ has ~lch an opportunity. The City of Bqfnt°n Beach has been incorporated for fifty one (51) years, a relatively long period when compared to other cities in Florida. ~aring this year, however, a comprehensive master plan has been developed for the city, contracts have been awarded for the construction of extensions to our sewerage system and plans have been developed for a considerable number of other public improvements. Boynton Beach is a community, containing over 20,000 people in 1972. Being an independent eity, h~vever, Boynton Beach must provide facilities for a con- siderably greater population than this. The City of Boynton Beach has been greatly influenced in its development by the gro,,wth of East Palm Beach County. One of the considerations fostering this study was the desire to provide modern services to those areas than can be developed,.thus increasing the potential o£ the entire area. T~ STUDY AREA ~ae area studied in this analysis vfas designated by the City Manager. It essentially covers an area taking in the area described below: 1. Boundaries stating the Legal Description. 2. The use described as business or residen%ial. How the area is presently developed. 4. %~f~at is the present density in the described area? 5. What type development is suited for this area~ 6. Will this area con£ormgenerally to the City o£ Boynton Beach's Master Plan? Enclose a map sh~ving existing Zoning and Land Use in~nediately surrounding the described area. COST OF ~NEXATION On the next several pages a detailed evaluation of the revenue and expense to B~ynto~ Beach related to this anne×ation will be presented, it should be realized that in the short run the annexation of low value residential property is rarely financially profitable to the annexing city. In the particular case of Bo~ton Beach there will be two factors affecting financial matters. First the population in the area proposed for annexation is described below: This density of people will make the provision oF services more or less expensive than usual. The second consideration is that at present few municipal services are provided. Boyn%on Beach is only required to provide those services to the annexed area that are presently provided inside of the corporate limits. The city is now providing fire and police protection through professional departments and is providing street lights. ~ais municipality has emphasized urban planning, industrial development, library and recreation activities. The city is presently providing sanitary sewer and water service to most of its citizens and garbage and trash collection is provided twice per week. - 4- FUTURE DEVELO ~.'UE NT B~J~ton Beach was incorporated July 21, 1920. This location is a desirable resort, fishing~ retirement a~nd multiple business area. Its central location in the county with major highways, railroads and boating makes it ~attraetive to every- one. It has continued to pro_sper because it is in the gr~,vth area oF the Florida Fast Coast. This city has already been selected for the new Vocational Technical School which will enhance the area for both commercial and residential development. Development in this area is hsampered at the present time by the lack of sanitary sewer and water facilities, however~ the new regional plan wherein Boynton Beach has assumed the responsibility to supply water and sewer service~ will insure orderly growth and development in/or adjacent to the City of Bo~nton Beach and protect the citizens of o~r city. %nis area contains a post office and several commercial and business establishments. Boynton Beach also contains a railroad siding in the city and for this reason is more suitable than other sections in the area for industrial development. B~ynton Beach also contains the largest level tracts of laud in the area thus more easily facilitating major developments. PRESENT SERVICES %"his entire area proposed for annexation is presently served by the Florida P~.~er and Light Company with electric service and by Southern Bell Telephone Company with telephone service. Police protection for this area is served by the County Sheriff and fire service is from a taxing district. Streets and roads are maintained by the county engineering department. Garbage and trash collection is furnished by private contractors. There are no other municipal type servic~available in the areas proposed for annexation. -3- ESTB,~&TED A~NbYtJ'~ P~VENUE AMD EXPENSE PuESULTING [RO~ AN~X~qTION GENE~&L FUND Revenues Property Tax State - Revenue Sharing Franchise Tax Utilities Tax Miscellaneous Income Total Exoenditures Gar'oage Collection Fire Protection Police Protection General Government Parks, Recreation, Library Street Lights (p~ver only) Total Total - General Fund STREET AID FUND Revenues State-shared Gasoline Tax Total Expenses Street Maintenance Street Lights (Installation) Total Total - Street Aid Fund ~otals -5- BOYI/ITON BEACH UT!LIT_ZES Revenues ~fater~ Sewer and Garbage fL Trash Collection (on a fee basis) Expenses ~'fater, Sewer, Garbage and Trash Collection (on a fee basis) Total SURPLUS RESULTING FROM ANNFJ(ATION ~PI~NATIONS OF RE~NUE ~ND EXPENSE ESTD~£~TES Property Tax The real property tax rate in Boynton Beach is 9.68 mills o£ assessed valuation of property. The city uses the Palm Beach County assessment figures which are presently based on market value. The total assessed valuation of property in the area proposed for annexation is $ State-Revenue Sharing This figure was obtained by multiplying the population in the proposed annexation area,, by the figure $ This is the estimated per capita income from the State Revenue Sharing for the current fiscal year. Franchise Tax or Fees Franchise is received from the agreed franchise from the utility companies, ie., Florida Po,~er and Light, telephone and gas companies. UTILITIES'TAX - This is a tax on electric, telephone and gas of 10% and is figured based on the average receipts per capita. Miscellaneous Incense If this annexation is consumated, it is estimated that there will be some income from permits, contributions and other miscellaneous sources so an estimate was included. The average per capita in the year of 1971 was Garbage Collection Garbage is presently picked up in Boynton Beach by the City Sanitation Department for $2.00 per month for each residence. There is twice a week pick up. Commercial service is at a present rate of one dollar per cubic yardin commercial containers. Fire Protection Boynton Beach presently has a class 6 fire rating. The Fire department is a completely full time department equipped with modern equipment. The fire station is located on Highway #804 east of the City Hall. This is remote from the area proposed £or a~nexation. Fire protection needs to be ~mproved, but pre~nt fire protection will not be materially a£fected by annexation. Police Protection At present B%~nton Beach does have professional police protection with a 44 man department. It is not necessary that the city provide additional police or equipment if annexation takes place. Ho'~ever, if annexation does take place additional police and equipment will be planned for 1973-74. ~ae Funds that are available will be sufficient to provide required patrolmen and other police services. General Government This estimate for increased cost of general goverr~ment was provided by Finance based on expenditures in the audit covering · the past year. ~is figure covers such things as increased clerk's ~alary, ~lection expense~ planming, professional consultants, etc. State-shared Gasoline Tax The city receives a share of the state levied gasoline tax o~ a formula basis. For the current fiscal year this will be $ per person. These ~ands are restricted to use on street maintenance and construction. Street Maintenance The streets in the majority of the proposed armexation area are of similar standards to those presently in Boynton Beach except that a greater portion of the streets in the anne×ation area are unpaved. Boymton Beach has been spending a limited amount on its streets each year. If this same standard is applied to the local str~ts in the proposed annexation area, the cost would be ~ The unpaved streets in the area proposed for annexation will require less maintenance than Boynton Beach has been giving to its streets so this figure may be decreased due to new streets being provided. Street Lights Street lights will be req~ired to light the area proposed for annexation to the same extent that Boynton Beach is presently lighted. At present B~ynton Beach ha's an average cost per light of $ hence the estimate of $ 1his cost is For installation on]~ with the cost of po-.ver being paid From general Fund SEVER UTILITY SERVTCE This study did not attempt to make a detailed study of the cost or feasibility of extending sanita._qy sewer and water service to the study area. Even though no estimate of cost for s~itary sewers or water has been included in this study, it can be generalized that ~ach service can be provided by the City of Boynton Beach provided that the o,za~er or developer pays all cost in accordance with the existing ordinances. S@.~ THINGS TO CONSIDER 1. Bc~nton Beach is a £ast growing city. l~ne city has begn~n to provide full municipal services to its citizens. Some of these services may be delayed by having to spread available resources over a larger area. Othe~ services may come more rapidly, however~ because there will be a larger~ more ecouomically 'sized u-nit to ser~e. 2. Political power may lie in the hands of the people being armexed v~hieh may change the direction of activity in the city, contrary to the desires o£ the present political policies. 4. ~ith the improvement of ' am_d the costructio~ o£ the Vocational and Technical school this area is going to experience more rapid development and change. For this development to be orderly and desirable and to contribute to the general development of the area it will require the guidance and assistance of a municipal government. 5. Some of %he most desirable land in the Boynton Beach area available for residential and industrial development lies in the area proposed £or annexation. Development of this area would be more £easible with municipal services available. $. The provision of sewer and water service in the entire area proposed for annexation is feasible. Sewer and wa~er service charges are b~ing imposed to mce~ operating costs -ap_d deb~ service expense. This only places a financial burden on those persons actually receiving service. Sewer and water service to the rest of the city and the area proposed for annexation will have to be financed in a similar fashion. 7. Financially it appears that the anne×ation would be pro£itable. The revenue received'from the area is greater than the cost of e×tendin~ B~ynton Beac~ municipal services to the area. It should again be emphasized, ho';~ever, that the services provided by Boynton Beach needs improvement and as the quantity and quality of services increases~ this financial balance may disappear. Vf~IAT HAPPENS TO ANNEalED RESIDENTS Property ~raers annexed to Boynton Beach must pay city taxes just as their neighbors who presently live in the city. For example, a home o~wner whose residence is assessed $15,000 will pay city taxes of $96.80 annually provided the o~mer is eligible for homestead exemption. In returns taxpayers and residents will receive many benefits and savings, both tangible and intangible, including: THE RIGHT TO VOTE AND HOLD LOCB~ PUBLIC OFFICE FIRE PROTECTION REFUSE COLLECTION (Non-city residents n~v pay about $12.00 per year for private refuse collection service, more than inside the city.) STREET LIGHTING (A private outdoor light costs from $27 to $90 per year.) STREET ANp ROAD~INTENANCE PLiNNING, ZONING AND BUILDING CODES PROTECTION which helpsto protect property values and assure that new construction meets standards necessary for the public health, safety and welfare. A PUBLIC SANITARY S~;;ERAGE AND WATER SYST~g will be provided as new development takes place and plans and financial arrangements can be completed. NO CITY PROPERTY TAX DUE UNTIL LATE 1973 or 1974 depending on when the annexation is effective and if you itemize deductions for federal income tax purposes, your city property taxes are deductible at your highest tax bracket and the net cost of the city taxes is reduced accordingly. SIULRE IN STATE-COLLECTED TAX]ES (about $15.00 per capita per year will be returned from the state to the city which will be spent to provide mu-nicipal services--the city is entitled to these new revenues only after you are a city resident) APPENDIX I TLV~TABLE FOR AN~q~XATION BY ORDINANCE The foll~.~zing steps -- in order -- should be taken to complete the ar~nexation procedure. 1. PLIN OF SERVICE (APPENDIX II) SHOULD BE REFERRED TO Tt{E LOC~LL PLA2,INING BO~RD. They revie~ it and report back to the City Manager with suggested revisions. Note: Ail city departmen%swill comment on the proposed Plan of Service.) 2. Include in the Ordinance, ~HE PLAN OF SERVICE after making any changes agreed upon by the City Council, City L[anager and the Plap-ning Board.(SEE ~PPENDIX II) 3. PASS O~DINANCE CALLING A PUBLIC H~ARING (SEE APPENDIX III). The notice shoul. be published giving the date, time, and place for the reading of the Ordinance. The notice should also note that the Plan of Service has been adopted amd is available for public inspection. 4. HOLD PUBLIC HEARING. The City Council is merely required to hear all arguments, which will be done when the Ordinance is read. They need no~ defend nor justify a~n~xation~ Formal ~les of hearings do not apply. 5. ADOPT THE ANNEXATION ORDINANCE (SEE APPEND]iX IV). The ordinsmee is adopted in the manner provided by the charter of Boynton Beach. 6. 30 DAYS AFTER FINAL READING OF THE ORDINANCE -- ANL~EXATION IS EFFECTIVE, ~natess a suit or suits are filed. If suits are filed~ the city defends against one combined suit. The effective date of aranexation then becomes dependent upon the outcome of the suit. 7. CONDUCT CENSUS OF TH~ ANNEXED AREAS. The census can be made by city employees, volunteers or other personnel and results filed with the City Clerk. The certification, by the City, should include: effective date of annexation population o£ each area annexed a map of areas annexed list, by name and address, all those annexed 8. CERTIF£C~&TION OF CENSUS SHOULD BE FILED AT T'2~ OF ANneXATION. census should be taken close to this date in order to tske advantage of all population gr~;,wth. 9. SEND A CERTIFIED COPY OF THE ANN~mY~TION 0RDIN~hNCE AND A ~,~AP SH07IING TOTAL CITY DELIR~TING THE NE%? A~_0qED AREA %~IITH EFFECTIVE DATE STA},~ED ON THE NEW AREA TO THE FOLLOWING ADDRESSEE.~. Boyn%on Beach Chamber of Commerce Bureau of Census County Tax Assessor State Department of Administration Ail Utility Companies O, mer or Petitioners All City Departments -12- " APPENDIX II AN ORDINANCE ADOPTING A PL.4N OF SERVICE AtID ANb~LMATION OF (general description of area) BY T~ CITY OF BOYNTON BEACH~ FLORIDA (describe boundaries) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF BOYNTON 'BEACH, FLORIDA Section 1. Purmlmnt to the provision of the City Charter and/or Florida Statutes there is hereby adopted for the area bounded as described above the follm~ing plan of service: a. Police Patrolling, radio responses to calls and other routine police services, using present personnel aud equipment will be provided on the effective date of annexation. Within approximately months additional police personnel and patrol car(s) will be added to continue the present level of police services throughout the city including the newly annexed area. Traffic signals, o~azzlC signs, street markings and other traffic control devices will be installed as the'need therefor is established by appropriate study and traffic standards. b. Fire Fire protection by the present personnel and equipment of the fire fightiug force, within the limitations of available water and distances from the fire stations, will be provided on the effective date of annexation. Within approximately months __fire engines (and auxiliary equipment) and personnel will be added to the fire fighting force to maintain present standards in the expanded city. Within approximately, months (years) __ additional fire station(s) will be constructed to serve the annexed area. c. Sewers The necessary intercepting and trunk sewers to serve the substantially developed annexed area(s) should be completed within approximately years, financed by the ov~aer or developer, Construction of collecting sewers in the substantially developed annexed area(s) should be completed within approximately__ years. Residences and commercial and industrial properties will then be connected to those sewers in accordance with current p$1icies of the city, financed by the ovmer or developer. Refuse collection The same regular refuse collection service now provided within the city will be extended to the annexed area (within one week after the effective date of annexation) (as soon as additional personnel and equipment can be obtained~ estimated to require about months). -13- eo Streets. Emergency maintenance of streets (repair of hazardous chuck holes, measures necessary for traffic rio;% etc.) will begin on the effective date of annexation. o Routine maintenance (patching, seal-coating as needed, etc.) on the same basis as in the present city, will begin in the smmexed area when funds from the State gasoline tax based on the annexed population are received or at the same level as other city services. Reconstruction and res~rfacing of streets, installation of storm drainage facilities, construction of curbs and gutters and other such major improvements, as the need therefor is determined by the governing body, will be accomplished under current policies of the city. Cleaning of streets having curbs and gutters will begin within week(s) after the effective date of ar~nexation on the same basis as .the cleaning of streets within the present city. f. Inspection services Any inspection services n~v provided by the city (building~ electrical, plumbing, gas, housing, weights and meamares~ sa~nitation, etc.) will begin in the annexed area on the effective date of annexation. g. Plannin~ and Zonin~ The planning and zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the amnexed area. Some study may be required before specific zoning can be changed which sho~!d be completed within approxi- mately months after the effective date of annexation. h. Street li~htiny Street lights will be installed insubstantially developed commercial and residential areas within approximately months after the effecti~ date o£annexation. i. Recreation Residents of the at, hexed area may use all existing recreational fa6ilities, parks, etc., on the effective date of ao-nexation. The same standards nmv used in the present city will be follo~.zed in expanding the recreational program and facilities in the enlarged city. Approximately acres o£ land as parks, playgrounds, etc., will be developed within approximately __months (years) after the effective date of annexation. ~.'~. [ scellazneous 1. $%reet n~ne si~as ~¥here needed ~[ill be installed ~'zi%hin mon%hs a£ter %he effective date o£ annexation° 2. (Ar~r other servioe not classified under foregoing headings.) Section 2. l~nis ~)lazl shall be e£feet±ve £rom end a£%er %he %he z~±n~l read,n§ of %he Ordinamee armexa~ing %h±s -15- APPENDIX iii AM ORD!N.~fCE CALLINO FOR CERTAIN TE~%~ITORY TO ~E AN~fEX~D TO 7~ffE CITY OF BOYMTON BEACH~ FLORIDA V,q~REAS, it appears that the prosperity of this City and of the territory herein described may be materially benefited smd the safety and welfare of the inhabitants and property thereof served if such territoz~y is annexed~ and~ Yd~EREAS, the annexation of such territory may be deemed necessary for the welfare of the residents and property ~wners of the said affected territory and this city as a whole: N~,¥, THEREFORE, Be it resolved by the City Council of the City of Boynton Beach That the City Clerk published in the (name of newspaper) of general circulation in the City on the day of 19 , to determine whether the following described territory adjoining the present corporate boundaries should be annexed: Embracing that certain part of Palm Beach County be description outlined be!ov~: Property Description