R09-099
"
1 RESOLUTION NO. R09.,O<f q
2
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 BOYNTON BEACH, FLORIDA, APPROVING AND
6 AUTHORIZING THE MAYOR TO EXECUTE AN
7 AMENDMENT TO THE INTERLOCAL AGREEMENT
8 BETWEEN THE CITY OF BOYNTON BEACH AND
9 PALM BEACH COUNTY IN CONNECTION WITH THE
10 VOLUNTARY ANNEXATION OF THE PALM BEACH
11 MEMORIAL PARK AND SAM'S CLUB PROPERTIES;
12 AND PROVIDING AN EFFECTIVE DATE.
13
14
15 WHEREAS, on May 19, 2009, the City Commission adopted Resolution 09-075
16 which approved an Interlocal Agreement between the City of Boynton beach and Palm Beach
17 County regarding the City's plan to annex remaining parcels of land in connection with the
18 annexation of the Sam's Club and Palm Beach Memorial Park properties; and
19 WHEREAS, County staff has notified the City of the County's desire to amend the
20 Interlocal Agreement to add the Mobil Oil Corporation property located on the southwest
21 comer of Hypoluxo Road and Seacrest Boulevard to the list of future annexations subject to
22 said agreement; and
23 WHEREAS, the City Commission of the City of Boynton Beach, upon
24 recommendation of staff, deems it to be in the best interests of the residents and citizens of the
25 City of Boynton Beach to approve the amendment to the Interlocal Agreement between the
26 City of Boynton Beach and Palm Beach County to document the City's plan to annex
27 remaining parcels of property near Sam's Club, including the Mobil Oil Corporation property,
28 in order for them not to become an unincorporated pocket.
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S:\CA\RESO\Agreements.lnterlocal9JLA with PBC Amendment (Sams- Cemetery Annexation).doc
"
Section 1.
Each Whereas clause set forth above IS true and correct and
2 incorporated herein by this reference.
3
Section 2.
The City Commission of the City of Boynton Beach, Florida does
4 hereby approve and authorize the Mayor to execute an amendment to the Interlocal Agreement
5 between the City of Boynton Beach and Palm Beach County to document the City's plan to
6 annex remaining parcels of property near Sam's Club, including the Mobil Oil Corporation
7 property, in order for them not to become an unincorporated pocket, a copy of said
8 amendment to Interlocal Agreement is attached hereto as Exhibit "A".
9
Section 3.
That this Resolution shall become effective immediately upon passage.
10
~
PASSED AND ADOPTED this ~ day of July, 2009.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
CITY OF BOYNTON BEACH, FLORIDA
~W.
Commi ioner - Ronal~d
ATTEST:
.P~
M. Prainito, CMC
Clerk
(C
ocaI9JLA with PBC Amendment (Sams- Cemetery Annexation).doc
,for-ory
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is made on this day of
-
, 2009 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 and collectively referred to as the "parties" to this
agreement.
WHEREAS, Chapter 163, Part I, Florida Statutes (2008), known as the "Florida
Interlocal Cooperation Act of 1969" authorizes local governments to make the most
efficient use of their powers by enabling them to cooperate with other localities on a
basis of mutual advantage and thereby to provide services and facilities that will
harmonize geographic, economic, population and other factors influencing the needs
and development of local communities; and
WHEREAS, the "Florida Interlocal Cooperation Act of 1969" permits public
agencies as defined herein 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, 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
parcels that are contiguous and in proximity to the City's municipal boundaries; and
WHEREAS, the City's Comprehensive Plan Policy 1.15.1 states that the City will
continue to promote the orderly annexation of lands consistent with Chapter 171, F .S.,
and the Palm Beach County Annexation Policy; and
WHEREAS, the City's Comprehensive Plan Policy 1.15.2 states that the City
shall utilize pre-annexation water service agreements as a method of annexation; and
WHEREAS, parcels identified to be annexed in this Interlocal Agreement are in
the City's Utility Service Area and are the subject of water service agreements that also
provide consent for voluntary annexation; and
Page 1 of 4
WHEREAS, the City is processing a voluntary annexation of 41.49 acres, located
to the south of the unincorporated properties identified in Exhibit A; and
WHEREAS, the City recognizes that service delivery problems will result due to
the annexation of these 41.49 acres if these parcels to the north of the annexation
remain unincorporated.
NOW, THEREFORE, in consideration of the mutual representations, terms and
covenants hereinafter set forth, the parties hereby agree as follows:
Section 1. Purpose
The Parties hereby agree that by October 1, 2009, the City of Boynton Beach will
process and adopt an ordinance or ordinances resulting in the voluntary annexation
throuoh previously sioned water service aoreements with voluntary annexation clauses
of the unincorporated parcels identified as A-1 in Exhibit "A" attached hereto and made
a part hereof, provided that the City boundary is contiguous to these parcels as of that
date. If the City boundary is not contiguous to these parcels by October 1, 2009, the
City shall adopt the voluntary annexation ordinance within 180 days of the effective date
of the City ordinance which makes the parcels identified as A-1 in Exhibit "A" contiguous
to the City.
Additionally. the Parties hereby aoree that the City of Boynton Beach will pursue
other annexation mechanisms available by Statutes to annex the parcel identified as A-
2 in Exhibit "A" attached hereto and made a part hereof. provided that the City boundary
is contiouous to this parcel.
Section 2. Definitions
"Agreement" means this Interlocal Agreement, including any amendments or
supplements hereto, executed and delivered in accordance with the terms hereof.
Section 3. Annexation
The unincorporated parcels identified as A-1 in Exhibit "A", which is attached
hereto and made a part hereof, will hereby be annexed into and will be included in the
corporate boundaries of the City prior to October 1, 2009, provided that the boundary is
contiguous to these parcels as of that date. If the City boundary is not contiguous by
Page 2 of 4
October 1, 2009, the City shall adopt the voluntary annexation ordinance within 180
days of the effective date of the City ordinance which makes the parcels identified as A-
1 in Exhibit "A" contiguous with the City. Additionally. the City of Boynton Beach will
pursue other annexation mechanisms to annex the unincorporated parcel identified as
A-2 in Exhibit "A". provided that the City boundary is contiouous to this parcel.
Section 4. Joint Effort
The preparation of this Agreement is considered a joint effort of the parties and,
accordingly, the Agreement shall not be construed more severely against one of the
parties than the other.
Section 5. Enforcement
This Agreement, shall be binding upon, and be enforceable by, the parties.
There are no third party beneficiaries to this agreement. This Agreement and all
transactions contemplated by this Agreement shall be governed by and construed and
enforced in accordance with the laws of the State of Florida. Venue of all proceedings
in connection herewith shall be exclusively in Palm Beach County, Florida. In the event
of litigation or administrative proceeding to settle issues arising, each party shall be
responsible for their own attorney's fees and costs.
Section 6. Effective Date
This Agreement shall take effect upon execution by both parties.
Section 7. Filino
Upon execution by both parties, a copy of this Agreement shall be filed with the
Clerk of the Circuit Court in and for Palm Beach County.
Section 8. Captions
The captions and section designations herein set forth are for convenience only
and shall have no substantive meaning.
Page 3 of 4
Section 9. Severability
In the event that any section, paragraph, sentence, clause, or provision hereof be
held by a court of competent jurisdiction to be invalid, such shall not affect the remaining
portions of this Agreement and the same shall remain in full force and effect.
Section 10. Entirety of Aqreement
This Agreement represents the entire understanding between the parties, and
supersedes all other negotiations, representations, or agreement, 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 shall constitute
one and the same instrument.
CITY OF BOYNTON BEACH,
a Florida Municipal Corporation
ATTEST: ~~
i!jrry ~or, M or
Approved as to Form and Legal Sufficiency
.: .-~_......~,. ---....~--.:::.;> --" .A l,i \
, ,
City Attorney
ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS
SHARON R. BOCK, Clerk & BOARD OF COUNTY COMMISSIONERS
Comptroller
By: By:
Deputy Clerk John F. Koons, Chairman
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Assistant County Attorney
T: \ Planning \In tergovernmental\Annexations \2009 Fisea/ Yeor\Jn ter/oeal\Boynton _Inter/oeal-So m 's \Boynton _, LA _ 061009, doc
Page 4 of 4
Section 9. Severability
In the event that any section, paragraph, sentence, clause, or provision hereof be
held by a court of competent jurisdiction to be invalid, such shall not affect the remaining
portions of this Agreement and the same shall remain in full force and effect.
Section 10. Entirety of Aqreement
This Agreement represents the entire understanding between the parties, and
supersedes all other negotiations, representations, or agreement, 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 shall constitute
one and the same instrument.
CITY OF BOYNTON BEACH,
a Florida Municipal Corporation
ATTEST: br~
~e~~rm and Legal ~UfficienCY
~I {- . --LY-oirc -
A-S Srcf~o.ttorney
ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS
SHARON R. BOCK, Clerk & BOARD OF COUNTY COMMISSIONERS
Comptroller
By: By:
Deputy Clerk John F. Koons, Chairman
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Assistant County Attorney
T: I Pia n n ing I In tergovernmen ta IIAn nexations 12009 Fisea I Y eo r I In terloea IIBoynton _I nterloea I-So m 's \Boyn ton _I LA _ 061 009, doc
Page 4 of 4
u Exhibit A-
.... CI)
s ~
\i;' .c:
en Ol
...
-- ~
_ a n
"
n
[f7 L--
W r--- j d"."'::("II''-':'::_:_:'~;~ -
f'----- - ::t '.~.'-' -..... " ......'
.'1,- .-:.......-.":"..:..;. ..::......-.:
o -.- ,... .-....- "-,-.', ......
~ j:8 :;~~~f:~;'~) 'Tl;~ J~~J raMg~m ~~-
i 1st St ~ ~ l P~;~;::i{~ie tci;~i ! I ~
E r, .. "Iii: 1 1
I I / 2 '......].it.
rir:ui../:iiJ/...~. -' ::; j'i/\' ..... d.~ (\ ~ _
}-- Ol 0 .i..: ... "Y~i" f--.::t
I I \ ~ ~ ,'.'f ~~ \ t:: ~
l~ v' ii!'."}:": l /- d
'i.. .u+.) L.; a~ I~ r- C _
o. '... m<>- =::: ~\ 111 -~-
- I-- 1
.~~ - U I.!I
'" r- r-I-- ~~ 1
rrr I I I ...... l-- I-- - I--~,<U -BJv.1
~ r--l \ A:-- r-I-- -+-~ nT I E1
~eLh,\\ --r-
ii' :;"i ii! ~ r-~
!) ,. - - I-- I I--
i,!" J-- - r- :.< ~ f-"- ,-
':.'....' " '.:. 'r',:'. r-I-- ~/j! 7h. I - _"- I---
,v;. _ --.." I---
I ~~"-
,.,.,.".:,1 I--~..t -
......e.: i'~""i:>~11 -r- ibise. e f-I-,<l> -
i1; -~ ~I---
.. ~- ~
'.: - '-- -~ '--
....; - -
, ic
\' "/ -
,.r. 1\ '1 '\ -
T.i~... Tr Rc I i,.;i:' I I '\_ -- ~
- ---I '-
-..J_
III~ ~
II ~ k11aJi;t+
~[ I rTl/-~
\l l,tJJa. 1M
fn-I~~
",. Municipalities
~ A-1 To be Annexed by Signed Water Service Agreements
II A-2 To be Annexed by Other Annexation Method
pfil Pending Voluntary Annexation
1,,.,,.0.... N PIll.... ZanI . I
,~":"~_....... __ _ __ Feel W~E &~ I1lI r1~,