R10-172
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1 RESOLUTION NO. RIO- Ira....
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 AN ENCLAVE
9 CONSISTING OF ONE 1.88-ACRE PARCEL; AND
10 PROVIDING AN EFFECTIVE DATE.
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12 WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal
13 Cooperation Act of 1969", authorizes local governments to make the most efficient use of
14 their powers by enabling them to cooperate with other localities on a basis of mutual
15 advantage and, thereby, to provide services and facilities that will harmonize geographic,
16 economic, population and other factors influencing the needs and development of local
17 communities; and
18 WHEREAS, Section 171.046, Florida Statutes, provides for the annexation of
19 certain enclaves pursuant to an Interlocal Agreement between a municipality and the county
20 having jurisdiction over such enclaves; and
21 WHEREAS, the City Commission of the City of Boynton Beach has determined
22 that it is appropriate and will promote efficient provision of governmental services for the
23 City to annex this enclave.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 being true and correct and are hereby made a specific part of this Resolution upon adoption
28 hereof.
29 Section 2. The City Commission of the City of Boynton Beach hereby authorizes
S:\CA\RESO\Agreements\Reso -ILA with PSC (annex enclave 1 parcel) 2010.doc
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1 the Mayor and City Clerk to execute the Interlocal Agreement between the City of Boynton
2: Beach and Palm Beach County that provides for the annexation by the City of a certain
3 enclave consisting of a 1.88-acre parcel located at 10209 31 sl Street South, a copy of which I
4 is attached hereto and incorporated herein as Exhibit "A".
'5 Section 3. That this Resolution shall become effective immediately upon
6 passage.
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7 PASSED AND ADOPTED this ~ day of November, 2010.
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9 CITY OF BOYNTON BEACH, FLORIDA
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24 ATTEST:
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28 J et M. Prainito, MMC
29 ity Clerk
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S:\CA\RESO\Agreements\Reso - ILA with PSC (annex enclave 1 parcel) 2010.doc
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INTERLOCAL AGREEMENT F()R~Hk-4t~k~ ~tb~JF AN ENCLAVE
R 2~ 0 11 0 6 97 HAY 0 3 2011
THIS INTERLOCAL AGREEMENT is made on this _day of , 2010
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 (2009).
WHEREAS, Section 163.01, Florida Statutes (2009), 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 (2009), 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 (2009), limits annexation by interlocal
agreement to enclaves of ten (10) acres or less in size; and
WHEREAS, Section 171.031 (13) (a) and (b), Florida Statutes (2009), 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 the subject property
as described in Exhibit "A", which is attached hereto and incorporated herein by reference (the
"Enclave"); and
\VHEREAS, the parcel to be annexed via this Interlocal Agreement meets the
requirements set out in Section 171.031 (a) and (b) and 171.046, Florida Statutes (2009), as the
subject parcel is developed and is less than ten (10) acres in size, and is completely surrounded
by the City.
WHEREAS, the Enclave identified for annexation in this Interlocal Agreement is in the
City's Reserve Annexation Area as provided for in the Intergovernmental Coordination Element
of the City's Comprehensive Plan; and
WHEREAS, the County and the City agree that the parcel to be annexed via this
Interlocal Agreement is 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 parcel to be annexed into the City's Comprehensive Plan.
NOW, . THEREFORE, in c~nsideration of the mutual Ifgr~ffH'1ti<LI1f"), ~f1l1~' and
covenants hereInafter set forth, the partIes hereby agree as follows:
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Section 1. Purpose
The purpose of the Agreement is to annex the unincorporated enclave, identified in
Exhibit "A", which is attached hereto and made a part hereof, (the "Enclave") 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 (2009).
2. "Act" means Part 1 of Chapter 163, Florida Statutes (2009).
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 Enclave identified in Exhibit "A", which is attached hereto and made a part hereof, is
hereby annexed into and is included in the corporate boundaries of the City.
Section 4. Effective Date
This agreement shall take effect upon execution by both parties.
Section 5. 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 6. Notification
The City hereby acknowledges that it has provided written notice to the owner of the
subject Enclave identified in Exhibit "A" whose name and address 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 7. Captions
The captions and section designations herein set forth are for convenience only and shall
have no substantive meaning.
Section 8. 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 9. 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.
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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.
CITY OF BOYNTON BEACH,
a Flori Municipal Corporation
ATTEST:
'1n.~
rainito, City Clerk
Approved as to Form and Legal Sufficiency
ity Attorney
. - MAY 0 3 2011
ATTEST: R 2pqrlh'EAQ~C~~TY, FLORIDA
By Its Board of County Commissioners
~
arcus, Chairperson
APPROVED AS TO FORM: AND LEGAL SUFFICIENCY
r3l&
BY-V r e
obert P. Ban s, ASSIstant County Attorney
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PROPOSED ENCLAVE ANNEXATION Exhibit "A"
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