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Home My WebLink AboutOrdinance_66_06/11/1963 ORDINANCE NO. 66 AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, DECLARING ITS INTENTION.UNDER THE PROVISIONS OF FLORIDA LAWS, 1961, CHAPTER 61 -2944 TO ANNEX THE FOLLOWING DESCRIBED UNINCORPORATED AND CONTIGUOUS TRACT OF LAND, SITUATE, LYING. AND BEING IN THE COUNTY OF PALM BEACH, STATE OF FLORIDA, TO -WIT: That part of the North 145.45 feet of the South 814.75 feet of the Southeast Quarter (SEk) of the Southeast Quarter (SEk) of Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida, lying West of the County Road. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA: Section 1. That pursuant to the provisions of Florida Laws, 1961, Chapter 61 -2944, it is hereby declared to be the intention of the Village of Tequesta, Florida, to annex the following described unincorporated and contiguous tract of land, situate, lying and being in the County of Palm Beach, State of Florida, to -wit: That part of the North 145.45 feet of the South 814.75 feet of the Southeast Quarter (SEk) of the Southeast Quarter (SEk) of Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida, lying West of the County Road, to the Village of Tequesta at the expiration of thirty (30) days from the approval and final passage of this Ordinance. Section 2 . That upon final passage this Ordinance shall thereupon be published once a week for four (4) consecutive weeks in some newspaper published in Palm Beach County, Florida, and three (3) printed copies of said Ordinance shall be posted for four (4) consecutive weeks at some conspicuous place in said Village, and three (3) copies shall in like manner be posted in the district to be annexed. PASSED AND ADOPTED ON S� READING this day of 1963. APPROVED: .T, I I rh ert C. Valier Robe t C. Valier, Mayor or liu ;obert ES _ Thomas Turnbull Harp, village Clerk Charles D. Ste i IN Th L CI*CU TT' COURT Op TH8 FIFI`E81�i" fH JUDICIAL CIRCUIT OF FLOWDA, W AND MR PALM MPH COIi m". AT LAND. NO. RUTHERF'ORD M. BAKER and CATHERINE L. BAKER, his wife, ALFRED PFEUFFER and j MARY PFEUFFER, his wife, FRED A. KRAMER and � HAitRW C. KRAMER, his wife, UM STILES and � MARY STILES, his wife, Petitioners, _ vs- VUJA+GE OF TEQUE3TA, a Florida asunici 1 corporation, ORDER OF NQTt pa � Respondent. Petitioners having filed OBJECTION to the proposed annexation by the Yillege of Tequesta, Florida, of the premises described in Ordinance No. 6j, alleged to have been passed on June 11, 1963, by its Village Council, and havin In their Petition on file herein set forth their grounds for such objection, it is ORDERED that a oopy of said Petition be served upon the mayor of said Village, and that the hearing of said application shell be held at the Palm Beech County Courthouse, in Vest Pala Beach, Florida, on the S�'� da of u 6 ; % 1963, at O'clock in the .,, nopn , or as soon thereafter as counsel can be heard, before the undersigned Circuit judge and a jury; and it is further ORDERED that all further action in the premises by the said Village shall be staged until further order of the Court. Fatted: July 1963. CIRCUIT JUDGE - i } On� s r,AC t C SER`�D I,... 'R' I _ tt Deputy Sheri 1 IN THE CIRCU:'; COURT OF THE JUDICIV, CIRCUIT OF FLORIDA, IN AKD FOR PALM BEACH COUNTY. AT LAW. NO. RU "FFRFO!RT - i i* BAKE' and ) CATtJER.INL T. RAKER, his wife, ALFRED PArEU "FER and ) MARY PFEUFFER, hts wife, PIED A. KRAmER and ) HARRIET C. KRAMER, his wife. EARL STILES and ) _ `DIARY STILES, his wife, Petitioners, - y � 1 -vs- PETITION VTL.LAGE OF TEQUrSTP,, i Florida municipal corporation, ) Respondent. ) Come now the above -named Petitioners, by and through their under- signed attorney, Richard T. Stierer, and object to the proposed annexation by the above - named ResipOfidenc of the following described tract of land, situate, lying and being in the County of Palen Beach, State of Florida, to -wit That part of the North 145.75 feet of the South 814.75 feet of the Southeast Quarter (SE 1/4) of the Southeast Quarter (3E 1/4) of Section 25, Township 40 South, Range 42 East, Palm Beach County, Florida, lying iffiest of the County Road. And for grounds for their objection thereto, Petitioners respectfully show unto the Court and alleg::: 1. Petitioners ere without knowledge sufficient to forra a belief as to the sufficiency and vsl +_dity in law of the Ordinance No. 66, alleged to have been passed on June 11, 1963, by the Village Council of the ViNge of Tequesta, Florida, and demand strict proof thereof. 2. The tract above described is a rectangular plot, fronting approximately 606.31 feet on the North side of Beacon. Street and approximately 145.45 feet on the West side of Se<;brook Road. It consists of six tats. For convenience, these lots may bq numbered from West to East as 1, 2, 3, 4, 5 an 6. The first five front ' .ach on Beacon Street; the 6th fronts approximat ly 106.31 iaaL on the sane sIre 1 i (a) Lot 1 is owned in fee siauplie by Harold W. bowman and btta H. 6ownaan, his wife. It is unimproved. Cb) Lot 2 is owned in fee simple by Petitioners Stiles. It is improved with a homestead. (c) Lot 3 is owned in fee simple by William Rudling and Rachel C. Rudling, his wife. It is improved with a dwelling presently occupied by a tenant. (d) Lot 4 is owned in fee simple by Petitioners 1Kram*rs. It is improved with a dwelling presently oocupied by a tenant. (e) Lot S is owned in fee simple by Petitioners Pfeufiers. It is improved with a homestead. (f) Lot 6 is owned in fee simple by Petitioners ltakors, It is itapcoved with a dwelling presently unoccupied. 3. Respondent can offer Petitioners no protection or facilities which Petitioners do not now have. There would be no benefits accruing to Petitioners by becoming part of the Village of Tequesta. On the contrary, Petitioners would beoome burdened with additional taxes for which they would get no "Quid pro quo ". Furthermore, Petitioners who have tenants would lose them because they would have to raise the rent to compensate for the additional taxes. (a) Petitioners now get Polies protection from the County of Palm leach. Respondent has a rather inadequate Police Force. (b) Petitioners now get Fin protection from a volunteer oompany in Jupiter. The residents of the VIb90 of Tequesta got their fire protection hvm the saw volunteer company. W Petitioners now get their garbage and trash oolleated by a private ccostractor. The residents of the Village of Tequesta are serviced by the sane contractor. (d) A non- municipally owned, private water and sewer company serves the residents of the Village of Tequesta. The facilities are available to Petitioners if they wan ;: (e) The Palm Beach County Zoning and !building rules and rejulaii s are less restrictive than those of Respondent. Petitioners' buildings comply wifli the County requirements. (f) The South half of Beacom Street is pawed to Seabrook Road. Respondent might require Petitioners to have the North half paved, aad this would be at Petitioners' expense. (p) The North half of Beacon Street belongs to Petitioners severally. The Respondent would require Petitioners to give up a substantial part of the land on which their dwellings set back. 'WHEREFORE, Petitioners demand that their objections shall be sustained; they ask the Court to order notice of this application to be served upon the Mayor of the Village of Tequesta and appoint a day certain for the hearing of this application, and staying further action in the premises until the further order of the Court. Petitioners demand a jury trial. ../Z Richsarcj T- S1Prer , UCHARD T. STIERER Attorney for Petitioners 416 Harvey Building West Palm Beach, Florida RICHARD T. STIERER, being sworn by me, the undersigned officer, says an oath that the statements contained in the foregoing Petition are true. /s/ Richard T. Stierer RICHARD T. STIERER Sworn to and subscribed before me this Sth day of July, 1963. / 'A/ Iris M , . Di Wick