HomeMy WebLinkAboutAgreement_Interlocal_4/5/1994_ EXHIBIT "A"
R94 . 417 D
INTERLOCAL AGRE'SMENT
An Interlocal Agreement between Palm Beach County, a
cf '_he Std' = cf V I l l a-e Jf
provi_ 11,q for the annexation of enclave_ pursuant tc
Sect ion 171. 046, Florida Statutes.
of Ap�?s 1 Interlocal Agreement is made the day
{{ ��•_ 1994, between the Village of Tequesta, a
rnur, cipality� located ir. Palm Beach County, Flcrida, hereinafter
referred to as "Village", and PALM BEACH COUNTY, a political
subdivision of the State of Florida, hereinafter referred to as
"COUNTY", each one constitutinq a public agency, as defined in
Part 1 of Chapter 163, Florida Statutes.
WHEREAS, Section 163. 01, Florida Statutes ( 1991) , 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 therein, 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 18 of Chapter 93-206 of the Laws of
Florida created Section 171. 046, Florida Statutes, providing for
annexation of certain enclaves by entering into an Interlocal
Agreement between the Municipality and the County having
jurisdiction over such enclave; and
WHEREAS, Section 171. 046, Florida Statutes, limits
annexation by Interlocal Agreement to enclaves of ten ( 10) acres
or less in size; and
WHEREAS, Sect ion 171. 031( 13)( a) and ( b) , as amended by
Chapter 93-206, Laws of Florida, defines enclaves as 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 traff-ic to that
unincorporated area only through the municipality; and
WHEREAS, the County and the Village have determined that
it is appropriate and will promote efficient provision of
governmental services for the Village to annex certain enclaves;
and
WHEREAS, the County and the Villaqe have determined that
the parcels to be annexed pursuant to this Interlocal Agreement
are improved property based upon the availability of water and
sewer systems; the availability and access to a public right-of-
w'] y; that t`.e lotr have previously beer; 71eared: ar.t t `.a- the
lots have tee;, sljbd :vided in recorded or unre,crded plats ; a-.t
WHEREAS, it has been determined by the Villaqe and by the
County that the parcels to be annexed via this Interlocal
Agreement meet the requirements set out in Section 171. 031( 13 ) ( 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 Village or are surrounded by
the Villaqe and a natural or manmade obstacle that allows passage
of vehicular traffic to the enclaves only through the Village;
and
WHEREAS, the County and the Village 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 County zoning and subdivision regulations until the Village
adopts a Comprehensive Plan amendment to include the parcels to
be annexed in the Comprehensive Plan.
NOW THEREFORE, in consideration of the mutual
representations, terms, and covenants hereinafter set forth, the
parties hereby agree as follows:
Section 1. Purpose.
The purpose of this Agreement is to allow annexation by
the Village of certain unincorporated enclaves which are
identified in Exhibit "A" which is attached hereto and made a
part hereof.
Section 2. Definitions.
The following definitions shall apply to this Agreement:
1. The term "enclave" shall be defined as set forth in
Section 171. 031( 13)( a) and ( b) , Florida Statures as
adopted by the Legislature in Chapter 93-205, Section 25,
Laws of Florida.
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.
- 2 -
The unincorporated 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
Village of Tequesta.
,ect :0n 4 . Effe.tivE DatE .
This Agreement shall take ettect a-on execution by both
parties.
Section 5. Filinq.
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 6 . Notification.
The Village 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
shall describe the purpose of the Interlocal Agreement and shall
state the date, time and place of the meeting of the Village
Council of the Village of Tequesta where this Interlocal
Agreement shall be considered for adoption. The written notice
shall also indicate the name and telephone number of a Palm Beach
County staff person to contact regarding the date, time and place
when the Palm Beach County Board of County Commissioners shall
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 S. 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 9. Entirety of Agreement.
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.
3 —
ATTEST: PALM BEACH COUNTY. FLORIDA BY ITS
BOARD OF COUNTY COMMISSIONERS
y: - By:
Deputy Clerk C ,aYr
( SEAL)
R94 4 �1 '7 0 APR5 i3��
WITNESSES:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY C
County Attorney
-------------------------------
ATTEST: VILLAGE OF TEQUESTA
By: By:
iilage Cle&k Mayor
( SEAL)
WITNESSES:
APPROVE" AND
LEGAL SOFF CIENCY
By:
llage AttornPlf
Exhibit "A"
( 5 pages )
A1114EXATION PARCEL LEGAL DESCR: -w7, .t4S
Parcel 1 - Seabrook Road
00-42-40-25-00-000-5150
25-40-42, N 117 FT OF E 25 FT
OF W 555 FT OF NE 1/4 OF SE 1/4
Consisting of approximately . 07 acre
Parcel 2 - Jupiter Manors
00-42-40-25-00-006-0011
25-40-42, TH PT OF GOV LT 6 IN
OR1482P321 / BEING LT 11,
JUPITER MANORS/ BLK D
Consisting of approximately . 97 acres .
Parcel 3- Riverside on the Loxahatchee
Seven Lots Consisting of approximately 5 . 78 total acres .
00-42-40- 36-04 -003-0130
Riverside on the Loxahatchee
LOT : 3 i LESS PD P/W.' BLK 3
Consisting of approximately . 65 acre .
00-42-40-36-04 -003-0141
Riverside on the Loxahatchee
NLY 103 FT OF LOT 14 /LESS RD R/W BLK 3
Consisting of approximately . 67 acre.
00-42-40-36-04-003-0142
Riverside on the Loxahatchee
SLY 32 . 4 FT OF LT 14 & LT 15 /LESS RD R/W/ BLK 3
Consisting of approximately . 99 acre .
00-42-40-36-04-003-0160
Riverside on the Loxahatchee
LOT 16 BLK 3
Consisting of approximately 1 . 10 acres .
00-42-40-36-04-003-0170
Riverside on the Loxahatchee
LOT 17 BLK 3
Consisting of approximately 1 . 04 acres.
00-42-40-36-04-003-0180
Riverside on the Loxahatchee
LOT 18 LESS RD R/W/ BLK 3
Consisting of approximately . 69 acre.
00-42-40-36-04-003-0190
Riverside on the Loxahatchee
LOT 19 /LESS RD R/W/ BLK 3
Consisting of approximately .64 acre.
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II
RESOLUTION NO.
A RESOLUTION OF THE VILLAGE COUN^:L OF THE VILLAGE OF
TE'-',ESTA, FALM BEACc-: COUNTY, FLG:c:DA, AUTHOR:ZIN(-; Tf
EXECUTION OF AN INTERLOCAL AGREEMENT WITH PALM BEACH
COUNTY PROVIDING FOR THE ANNEXATION OF ENCLAVE
PURSUANT TO FLORIDA STATUTE 171. 046.
WHEREAS, Florida Statute, Section 163 . 01 ' 1991) , know-.
! 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 developments of
, local communities; and
WHEREAS, the Florida Interlocal Cooperation Act of 1969
( permits public agencies, as defined therein, to enter into
linterlocal agreements with each other to jointly exercise any
iipower, privilege, or authority which such agencies share in
11common and which each might exercise separately; and
WHEREAS, Section 18 of Chapter 93-206, Laws of Florida,
( created Florida Statute, Section 171. 046, providing for the
annexation of enclaves pursuant to interlocal agreements between
municipalities and the county which have jurisdiction over such
i�
enclaves; and
WHEREAS, Florida Statute, Section 171. 046, limits
annexation by interlocal agreement to enclaves of ten ( 10) acres
or less in size; and
WHEREAS, Florida Statute, Section 171. 031( 13)( a) and
� < b) , as amended by Chapter 93-206, Laws of Florida, defines
enclaves as 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 Village have determined
that it is appropriate and will promote efficient provision of
governmental services for the Village to annex certain enclaves;
and
i
I,
WHEREAS, the County and the Village have determined
that the parcels to be annexed pursiant to this interlocal
agreement are improved property based -upon the availability of
water and sewer systems; the availability and access to public
right-of -way; that t `._ lots have prt-:.ous: y beer, cleare,:; an.
that the lets have been subdivided a:.: recorded or L;nrecordF:
plats; and
WHEREAS, it has been determine? by the Village that the
parcels to be annexed via this interlocal agreement meet the
requirements set out in Florida Statute, Section 171. 031( 13 ) 1a )
and ( b) , and Section 171. 046, as such enclaves are developed or
improved, are less than ten ( 10) ages in size and are
,, completely surrounded by the Village or are surrounded by the
,, completely
and a natural or manmade obstac:e that allows passage or
11vehicular traffic to the enclaves only through the Village.
i NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL
� OF THE VILLAGE OF TEQUESTA, FLORIDA, as follows:
Section 1. That the Village Council is hereby
�lauthorized and directed to execute an interlocal agreement
', ( attached hereto and incorporated herein as Exhibit "A") with
�jPalm Beach County on behalf of the Village of Tequesta.
j Section 2. Upon execution of '_he interlocal agreement,
the Village Clerk is hereby directed and authorized to transmit
sufficient copies of same to the appropriate offices of Palm
Beach County for Palm Beach County' s consideration of execution
of the Interlocal Agreement and thereafter the execution
thereof.
Section 3. This Resolution shall take effect upon
adoption.
I
THE FOREGOING RESOLUTION was offered by Council-
member Elizabeth A. Schauer who moved its adoption. The
Resolution was seconded by Earl L . Collins and upon
being put to a vote, the vote was as follows: i
FOR ADOPTION AGAINST ADOPTION
Josenh N. Capretta
Earl L. Collings
Ron T. Mackail
Elizabeth A. Schauer
I
I
I
!I
I
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The Mayor thereupon declared the Resolution duly passe
and adopted this day of A. D.
1994 .
MAYG: OF TEQUESTA
J 7
I! Ron T. Macka i 1
Attest:
i�
ko ag n-an Mangan llo
:, Village Clerk
Il
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