Loading...
R08-007 " 1 RESOLUTION R08- 007 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING EXECUTION BY 5 THE MAYOR AND CITY CLERK OF AN 6 INTERLOCAL AGREEMENT BETWEEN THE CITY 7 OF BOYNTON BEACH AND PALM BEACH COUNTY 8 FOR THE ANNEXATION OF ENCLAVES; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal 12 Cooperation Act of 1969", authorizes local governments to make the most efficient use of 13 their powers by enabling them to cooperate with other localities on a basis of mutual 14 advantage and, thereby, to provide services and facilities that will harmonize ge~graphic, 15 economic, population and other factors influencing the needs and development of local 16 communities; and 17 WHEREAS, Section 171.046, Florida Statutes, provides for the annexation of 18 certain enclaves pursuant to an Interlocal Agreement between a municipality and the county 19 having jurisdiction over such enclaves; and 20 WHEREAS, the City Commission of the City of Boynton Beach have determined 21 that it is appropriate and will promote efficient provision of governmental services for the 22 City to annex certain enclaves. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. Section 2. The City Commission of the City of Boynton Beach hereby authorizes 28 S:\CA\RESO\Agreements\lnterlocals\ILA with PSC (annex enclaves).doc rr the Mayor and City Clerk to execute the Interlocal Agreement between the City of Boynton 2 Beach and Palm Beach County, a copy of which is attached hereto, that provides for the 3 annexation by the City of certain unincorporated encalves which are identified in Exhibit 4 "A" attached hereto and incorporated herein. 5 Section 3. That this Resolution shall become effective immediately upon 6 passage. 7 PASSED AND ADOPTED this ~ day of January, 2008. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ~H'FLORlDA ATTEST: :;J~2 Commi~,'iioner J woo'A Y / v/_ .~ ./' issioner - Marlene Ross 'fc Ja t M. Prainito, CMC ty Clerk (Corporate Seal) S:\CA\RESO\Agreements\lnterlocals\ILA with PSC (annex enclaves).doc II RoB-007 INTERLOCAL AGREEMENT FOR THE ANNEXATION OF ENCLAVES THIS INTERLOCAL AGREEMENT is made on this day of 2008 between the CITY OF BOYNTON BEACH, a Florida municipal corporation located in Palm Beach County, Florida, hereinafter referred to as "City," and PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County", each entity constituting a "public agency" as defined in Part 1, Chapter 163, Florida Statutes. WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments and public agencies to enter into interlocal 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 WHEREAS, Section 171.046, Florida Statutes, provides for annexation of certain enclaves by interlocal agreement between the annexing municipality and the County having jurisdiction of the enclave; and WHEREAS, Section 171.046, Florida Statutes, limits annexation by interlocal agreement to enclaves often (10) acres or less in size; and WHEREAS, Section 171.031 (13) (a) and (b), Florida Statutes, defines enclaves as unincorporated developed or 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 that it is appropriate and will promote efficient provision of governmental services for the City to annex certain enclaves; and WHEREAS, the parcels to be annexed via this Interlocal Agreement meet the requirements set out in Section 171.031 (a) and (b) and 171.046, 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 bounded by the City and a natural or manmade obstacle that allows passage of vehicular traffic to the enclaves only through the City; and WHEREAS, the enclaves identified for annexation in this Interlocal Agreement are in the City's future annexation area as provided for in the Annexation Element of the City's Comprehensive Plan; and WHEREAS, the County and the City agree that the parcels to be annexed via this Interlocal Agreement are subject to the Land Use Atlas of the Palm Beach County Comprehensive Plan and the County zoning and subdivision regulations until the City adopts a Comprehensive Plan amendment to include the parcels to be annexed into the City's Comprehensive Plan. NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: S:\CA\AGMTS\Interlocal\Enclave Annex ILA.doc Page 1 of 3 AGREEMENT WITHDRAWN AT COUNTY LEVEL Section 1. Purpose The purpose of the Agreement is to annex the unincorporated enclaves, identified in Exhibit "A", attached hereto and made a part hereof, into the City's municipal boundaries. Section 2. Definitions The following definitions apply to this agreement: 1. The term "enclave" shall be defined as set forth in Section 171.031 (13) (a) and (b), Florida Statutes. 2. "Act" means Part 1 of Chapter 163, Florida Statutes. 3. "Agreement" means this Interlocal Agreement, including any amendments or supplements hereto, executed and delivered in accordance with the terms hereof. Section 3. Annexation The enclaves identified in Exhibit "A", which is attached hereto and made a part hereof, are hereby annexed into and are included in the corporate boundaries of the City. Section 4. Rights of Way All rights-of-way located within the enclaves are hereby annexed into and included in the corporate boundaries of the Municipality. This includes acceptance by the Municipality of ownership and maintenance of all rights-of-way, and the responsibility for providing emergency services for the rights-of-way. Approval of this Interlocal Agreement by both parties constitutes mutual agreement by the Municipality and County pursuant to Section 335.0415, Florida Statutes, to the transfer of the responsibility for operation and maintenance the rights-of-way to the Municipality. Section 5. Effective Date This agreement shall take effect upon execution by both parties. Section 6. Filing Upon execution by both parties, a certified copy of this agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 7. Notification The City hereby acknowledges that it has provided written notice to all owners of real property located in the enclaves identified in Exhibit "A" whose names and addresses are known by reference to the latest published ad valorem tax records of the Palm Beach County Property Appraiser. The written notice described the purpose of the Interlocal Agreement and stated the date, time, and place of the meeting in the City where this Interlocal Agreement is to be considered for adoption. The written notice also indicated the name and telephone number of the Palm Beach County staff person to contact regarding the date, time, and place when the Palm Beach County Board of County Commissioners is to consider the adoption of this Interlocal Agreement. Section 8. Captions The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. S:\CA\AGMTS\lnterlocal\Enclave Annex ILA.doc Page 2 of 3 Section 9. Severability In the event a court of competent jurisdiction hereof holds any section, paragraph, sentence, clause, or provision to be invalid, such holding shall not affect the remaining portions of this Agreement, and the same shall remain in full force and effect. Section 10. Entire Agreement & Counterparts This Agreement represents the entire understanding between the parties, concerning the subject, and supersedes all other negotiations, representations, or agreements, 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 together shall constitute one and the same instrument. ATTEST: SHARON R. BOCK, Clerk & Comptroller PALM BEACH COUNTY, FLORIDA, a Political Subdivision of the State of Florida BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Addie L. Greene, Chairperson APPROVED AS TO FORM AND LEGAL SUFFICIENCY Assistant County Attorney CITY OF BOYNTON BEACH, a Florida Municipal Corporation ATTEST: S:\C A\AGMTS\lnterlocal\Enclave Annex ILA.doc Page 3 of 3 ~ ~i=J ~ Mln"Ro l~ cna.e181~" Blvd c. u-r 8oynton Such Blvd ~ II r-~-~~- ! ~ . ! WoolbrightRd l GoIfRd c . ~ 1 1 ! . ! frL I Hyp.,,,... [i-1:~~ ~ j j I o L IG.".~lJtrd l.rtInLllth(ian,J,Blvd Old BoynlOARd , I 18ClPfnton BNch Blvd lOcUftAvi OcIAllAy, ~ ; South East Enclaves .. . iWUrOAvt ~ ! Annexation Interlocal 0108 ~ f . : i w ! ~ . ! I . ~ 1 . Q' . ~ ! ~ Legend Major Roads InterState 95 Streets SE_Enclaves [:.::.-,-,:] West Central Enclaves .. .I:ICity Boundary Water ... bJ.. 0(01) Fe"l C' ~,., ~~ ~ Q .2 ,.A ~ ... o ?' o .J:1 o .S -.../ Legend WCEnclaves C CityBoundary_07-18-06 Streets \Nater , m Co lC C1l ~ter Dr z ... <3 .:.:. Q) e () r:: III >. r:: III a1 ean'lan C ~ } (") r" Old Boynton Rd b ~ Q) ~ III Go ... ~ VI Q) J: l,) c i W Boynton Beach Blvd en ... ~ Ui [lliJ........... ............................ .. ..... Southern Cross Cir Q) ~ VI VI e Cl Stonehaven Dr r:: o () en ~ " S " Olt...~ v'(.o~ $", SW CongreSS Blvd West Central Enclaves Q) ~ VI VI e Cl r:: o () Z Ocean Dr SW Golf Ln - en J: SW 8th A "$ ~ ('II ~ 9th Ave en q, 10th Ave ~ ,,~ S~ " 1$\ tz" ~ ':) g. en - en =e N 01:00 - -:r en - Velaire Dr ... ~ Q) .:.:. III ..J SW 6th Ave .. Q .... '0 <.:> ~ en ~, ;$' ~ "" .. ld '.OOJ 1,~OO ,.. % <J>;; ~~ ~ i . m ~~ '" Bathes cJ 0;0) SW 23rd Ave .., SW23rdTer ~ C)~ SW 24th Ave SW 25th Ave SW 25th PI <J> ::: ... 3' ~ <J> ::: '" 3' ~ <J> ::: '" 3' ~ SW 27th Way SW 27th Ter SW 28th Ave sunset Rd " ..J ! x .c .5 ~ Chapel HiI~e\"'o8 Whispering Pines Rd " ..J Hillcrest Rd ~ .., a: Mission Hill Rd ~ > <I: " Q C .i <J> is " ~ .., w ~ '" m ..J ~ '" ~ ~. '5 ~ ':: . <J> ::: ~ ~ Q en ~ ti) ~ If, SW 14th Ave ~ ~ ~ ~ W Woolbright Rd North Blvd North '" < a. Main Blvd South Blvd <J> ::: N High Point Blvd " ,g. or "0 2- ~4, "'''" Q' 1>lrJgep",~~ '!.I a. ~ High Point Blvd SE 21st Ave High Point Ct ill ." SE 22nd Ave ~ w '" ~ ~ ... ~ ",," ~ SW 24th Ave it" SE 23rd Ave 3= '" ",I> SE 24th Ave SW 25th A"e ~ I .,1 SE 25th Ave "" SE 26th Ave SE 27th Ave SE 27th Ct SE 27th PI ii: SE 27th Way Vi n " " w ill '" '\~\ C\ lU '" SE 28th Ct '" Iq ~ El "liE 28th Ave w '" ." or: SE 29th Ave ii: ill SE 29th Ave t ~ ~ " El ~ SE 30th Ave w '" '" w SE 30th Ave '" SE 31st Ave r:::J SE 34th Ave u ~ w '" Vi E ... !li SE 34th Ave rn u -g -g '" '" w w '" '" rn n " ..J f ~ ... ~ " ii: w '" .., > ;; ~ > <I: ~ Gulfstream Dr ~ m ~ U o De Carie 5t . > <I: .c .c l n ~ ~ Seaerest Ln Cocoanut Rd<n South East Enclaves SE 14th Ave S 0: .. ~ . '" a. E Woolbright Rd ! a. Cl .., or 3. '" a. Chickasaw Ave Fayette Dr SE 18th Ave Sailfish Ln Mallard Or Hersey Dr ~ ~..~ S~ Vi SE 20th Ave E .. SE 20th Ct !li SE 21st Ave ill I ill ~ E ! .. w f w '" '" ... '" N IbisOr"C .., III " \SHeron Dr ~ m Flamingo Orin Lark Dr ~ iii " : u o :p o Tropical Dr Oceanview Dr Douglas Or Cordova Ave Juniper Or ." > iii ~ m ~ Z Dock Or Ruthmary Ave Bay Dr W Cedar Cedar Dr Cardinal Dr ioy Breezes Blvd Vi " ~ Iq 'I.~\II Cl). '" ., 5 Sea view Ave i Perry Ave W Ocean Walk .surt IlrJ 81: 21''<''''' SE 27th Ter el AirOr SE'l.T\1I Way ...0 J:: SI: 2~''<'t' (J E '" If' <S '" .:: (J ." tt: il' " ~ o (J Z .i! lO Co,O Sea Rd Virginia Garden Dr >. ; :l: 0> I OlrJ School Rd ... rRd Banyan Rd >. ~ ~ . " ~ m .!! o Turner Rd "0 ~. . o ~ ~ Q " E ~ Palm Way Q o -0 11. MirJrJle Rd ." or: ~ E :f :; " Golfview Or J~~ 1,~OO F.. orchid Ln (") a. ! ;-a/C/~ <I: ~ ~ " . ~ Indigo PI '" Legend ; :;;;;;1 SE_Enclaves C CityBoundary_07-18-06 Streets Water