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