HomeMy WebLinkAboutDocumentation_Miscellaneous_Tab 4_6/24/1998 C 411
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Memorandum
To: Finance and Administration Committee Members
From: Joann Manganiello,Assistant Village Manager/Village ClerlC
Date: June 17, 1998
Subject: Annexation; Village Manager's Objective
As you know, one of the Village Manager's Objectives,as established by the Village Council, is to
. . . Pursue Annexation During Calendar Year 1998 or Sooner, If Possible, Within at.Least One
Annexation Area. In order to complete this objective, three annexation options are offered for
your consideration:
1) Annexation of Area 6 - County Line Road East Of and Including the Florida East
Coast(FEC)Railway Right-of-Way - Via Primary Election at the Polls
Area 6 had the highest vote "for" annexation (38%) in the 1995 Referendum. It includes the
Tequesta Hills subdivision whose residents, we believe, are desirous of greater police presence
and protection and quicker response time provided by both the Tequesta Police and Fire-Rescue
Departments. This area may still be strongly supportive of annexation, and staff believes it is the
most nicely area to take to an Annexation Referendum at this time.
The Village can piggyback our Annexation Referendum for Area 6 with the County's October
1998 Primary. (The Supervisor of Elections has informed me that the November General Election
ballot is "loaded" and suggested that we try to piggyback one of the Primaries.) The deadline for
ballot language to be forwarded to the Supervisor of Elections for the October Primary is July 31,
1998. It will be necessary to have two readings of the Annexation Ordinance prior to the July
31st deadline. Time is of the essence if this option is chosen. Cost: $2,000 approx.
2) Annexation of Area 6 - County Line Road East Of and Including the Florida East
Coast(FEC)Railway Right-of-Way.Via Mail Ballot Election
As an alternative to piggybacking our Annexation Referendum with the County's October 1998
Primary, Florida Statutes 101.6101 provides for Annexation Referendum by mail ballot election
(Mail Ballot Election Act). In this case, the Supervisor of Elections would be responsible for the
conduct of said Annexation Referendum, and the costs of the mail ballot election would be borne
by the Village of Tequesta, the jurisdiction initiating the calling of the election. The mail ballot
election can be held prior to the end of the year, probably in December. Cost: $4,000 approx.
3) Special Bill for the Unilateral Annexation of Anchorage Point and Jupiter Manors
(Annexation Area 1)
The Special Bill for the Unilateral Annexation of Anchorage Point and Jupiter Manors
(Annexation Area 1)is enclosed for your review. The required Notice of Special Annexation Bill
publication and Affidavit of Proof of Publication have been prepared as well.
Memorandum: Finance and Administration Committee Members
June 17, 1998
Page 2-
If authorized by the Village Council, the Mayor, Village Manager, Village Cleric and Village
Attorney will seek Palm Beach County Legislative Delegation support for Annexation of Area 1 -
Anchorage Point and Jupiter Manors - through State Legislative Special Bill via the 1998/99
Palm Beach County Legislative Delegation Public Hearings scheduled this Fall. The Special
Annexation Bill will also be presented to Senator Myers and Representative Warner to seek their
support, as well, in lobbying the members of the Legislature on behalf of the Village during the
1999 Florida State Legislature Regular Session.
If the Florida State Legislature passes the Special Annexation Bill, Anchorage Point and Jupiter
Manors will be annexed into the corporate boundaries of the Village of Tequesta. An affirmative
vote of the affected property owners is not needed. Cost: $700 approx.
Staff asks for your recommendation and direction relative to the Village's annexation plans so that
the same can be presented to the Village Council for consideration, as soon as possible, and staff
can proceed accordingly.
Enclosures
c: Thomas G. Bradford,Village Manager,w/attachments
Scott D. Ladd,Director of Community Development,w/attachments
Michelle E. Maw.,Planner, w/attachments
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LOT OR TRACT LINES
A VILLAGE OF ' TEQUESTA
CAI L,rEY FUTURE ANNEXATION AREA MAP
AND ASSOCIATES,INC.
Surveying & Mapping
112 N. U.S. HIGHWAY No. 1
TEQUESTA. FLORIDA 39460
MOM: (S61) vas-6424 187Q {C SCALE IN FEET 1�
R14 FILE; TEQ—KEYI
,
A BILL TO BE ENTITLED
AN ACT RELATING TO THE VILLAGE OF TEQUESTA,
PALM BEACH COUNTY, FLORIDA; EXTENDING AND
ENLARGING THE CORPORATE LIMITS OF THE VILLAGE
OF TEQUESTA BY INCLUDING PREVIOUSLY
UNINCORPORATED TERRITORY KNOWN AS ANCHORAGE
POINT AND JUPITER MANORS, HEREINAFTER REFERRED
TO AS THE TERRITORY TO BE ANNEXED, 'INTO SAID
CORPORATE LIMITS; PROVIDING A LEGAL
DESCRIPTION OF THE TERRITORY TO BE ANNEXED;
DESCRIBING THE EXTENT TO WHICH THE VILLAGE' S
EXISTING ORDINANCES SHALL APPLY IN THE
TERRITORY TO BE ANNEXED; PROVIDING FOR THE
JURISDICTION, POWERS AND DUTIES OF THE
VILLAGE, ITS OFFICERS AND BOARDS WITHIN AND
OVER THE TERRITORY TO BE ANNEXED; PROVIDING
THAT THE PROPERTY IN THE TERRITORY TO BE
ANNEXED SHALL BE SUBJECT TO THE TAXES AND
DEBTS OF THE VILLAGE; PROVIDING FOR THE LEVY
OF AD VALOREM TAXES WITHIN THE TERRITORY TO BE
ANNEXED; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF LAWS AND PARTS OF LAWS IN
CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 2 (c) , of the Florida
Constitution, authorizes the legislature to establish and regulate
municipalities by special or local laws; and
WHEREAS, Article VIII, Section 2 (c) , of the Florida
Constitution, authorizes annexation through legislative prerogative
at the initiation of the local jurisdictions ' legislative
delegations and ultimate passage of the bill by the state
legislature; and
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WHEREAS, determination of municipal boundaries is a
discretionary legislative function; and
WHEREAS, the legislature is entitled to annex an area without
an affirmative vote of the affected property owners; and
WHEREAS, it is a policy of the State of Florida to eliminate
enclaves; and
WHEREAS, enclaves can create significant problems in planning,
growth management and service delivery; and
•
WHEREAS, the territory to be annexed constitutes an enclave as
that term is defined in Section 171 .031 (13) , Florida Statutes;
WHEREAS, it is a policy of the State of Florida to insure the
efficient provision of urban services to areas that become urban in
character; and
WHEREAS, all the elements essential to constitute sound
legislative annexation are present; and
WHEREAS, the Village of Tequesta is a full service
municipality providing a 'complete range of urban services; and
WHEREAS, the territory to be annexed is contiguous to and is
situated in such a manner that its inclusion within the limits of
the Village of Tequesta is a logical extension of such boundaries;
and
WHEREAS, community of interest exists between the Village of
Tequesta and the territory to be annexed; and
WHEREAS, the territory to be annexed is a logical extension of
the Village of Tequesta; and
WHEREAS, the territory to be annexed has sufficient population
so that municipal services would benefit the area; and
WHEREAS, the territory to be annexed has a population of 66
and averages 3 .85 persons per acre; and
WHEREAS, the current residential population of Tequesta is
4, 686 with an average 3 .14 persons per acre; and
WHEREAS, the territory to be annexed is suited for municipal
purposes.
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NOW, THEREFORE, BE IT ENACTED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
SECTION 1 . The present corporate limits of the Village of
Tequesta, Palm Beach County, Florida, are hereby extended and
enlarged so as to include, in addition to the territory presently
within its corporate limits, the following described lands and
territory, to-wit :
Begin at the intersection of the northeasterly extension
of the northwesterly line of land described in Official
Record Book 243, Page 235, of Palm Beach County, Florida,
Public Records with the centerline of the north fork of
the Loxahatchee River; thence southwesterly :.álong. .said
northeasterly extension and along said northwesterly line
to the northeasterly right-of-way line of Point Drive;
thence southeasterly along said right-of-way line to the
southeasterly line of Jupiter Manors, Section 1, as
recorded in Plat Book 12, Page 38, Palm Beach County,
Florida, public records; thence southwesterly along said
southeasterly line and along its southwesterly extension
to the centerline of the northwest fork of the
Loxahatchee River; thence along said centerline of the
northwest fork to the centerline of the north fork of the
Loxahatchee River; thence along said centerline of said
north fork to the Point of Beginning.
SECTION 2 . The corporate limits of the Village of Tequesta
are hereby extended to include and shall hereafter contain, and
said Village shall hereafter embrace, include and have jurisdiction
over, all of the above described territory, situated in Palm Beach
County, Florida.
SECTION 3 .
(a) Unless otherwise provided herein, the Village of Tequesta
shall have and may exercise within its corporate limits, as
extended by this Act, all of the powers and authority it now
has under its Charter and under the Constitution and laws of
the State of Florida. Nothing herein shall be construed in
any way limiting, or abridging the exercise of, any power
conferred on the Village, its officers or boards, or by any
general or special law now in force, unless such law is in
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conflict with the provisions of this Act, or unless expressly
hereby repealed.
(b) Unless otherwise provided herein, all existing ordinances
of the Village of general application throughout its existing
territory shall also apply throughout the annexed territory
from and after the effective date of this Act, except that the
building, electrical, plumbing and boiler codes, and all other
similar codes and ordinances regulating construction or the
installation of equipment or machinery, shall not apply within
the annexed territory to any construction or installation
completed or actually and visibly commenced prior to the
effective date of this Act.
SECTION 4 . Property within the annexed territory shall be
subject to the taxes and debts of the Village on the effective date
of this Act .
SECTION 5 . All real and personal property within the
annexed territory shall be subject to ad valorem taxes levied by
the Village for 2000, and for each year thereafter, to the same
extent as property within the present limits of the Village, except
such property as may be exempt by law and except as otherwise
provided in Section 4 above. No ad valorem taxes shall be levied
by the Village against any real or personal property within the
annexed territory for the year 1999.
SECTION 6. The Village of Tequesta is hereby given and
granted all of the public property, lots, franchises, easements,
streets, roads and public highways, now located and dedicated,
acquired, laid out, platted or conveyed to the public in all of the
territory described in Section 1 of this Act.
SECTION 7 . If any portion or portions of this Act shall be
declared to be invalid the remaining portion shall have the same
force and effect as though such invalid portion or portions had not
been included.
SECTION 8 . All laws and parts of laws in conflict herewith
are hereby repealed.
SECTION 9 . It is •hereby declared to be the legislative
intent, and it is hereby provided, that, this, Act shall have the
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effect of including within the corporate limits of the Village of
Tequesta all of the annexed territory, as described in Section 1 of
this Act, or, if any part of said territory should be held to have
been improperly included in the Village, then this Act shall have
the effect of including therein the remainder of said territory.
SECTION 10. Notice of intention to apply for the passage of
this Act by the legislature has been published as required by
Section 10 of Article III of the Constitution of the State of
Florida, and an affidavit of proof of such publication, together
with a true copy of such notice, was duly attached to this Act when
the bill was introduced in the legislature and accompanied said
bill throughout the legislature as required by Sections 11 .02 and
11. 03, Florida Statutes. The legislature hereby declares that said
notice and affidavit are sufficient in form and substance and that
Section 10 of Article III of the Constitution and Sections 11.02
and 11 . 03 have been complied with in every respect.
SECTION 11. This Act shall take effect immediately upon
becoming a law.
JCR\13153-01\ANNEX-RE.BIL
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