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Home My WebLink AboutDocumentation_Regular_Tab 09_11/08/2012 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 15-12 November 8, 2012 Consent Agenda: No Resolution #: Originating Department: Community Development At3ENDA ITEM TITLE: (Wording form the SU�.JECT tine of your staff report) SECOND READING ORDINANCE NO. 15-12: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ANNEXING THREE (3) PARCELS OF REAL PROPERTY COMPRISING A TOTAL OF 0.7278 ACRES, MORE OR LESS, LOCATED AT 19578 U.S. HIGHWAY 1, 19590 U.S. HIGHWAY 1, AND 19600 U.S. HIGHWAY 1, AS MORE PARTICULARLY DESCRIBED HEREIN; AND ADDITIONALLY ANNEX�NG THOSE PORTIONS OF U.S. HIGHWAY #1, INLET COURT, PALM COURT AND THE EASTERLY RIGHT OF WAY BUFFER ADJACENT THERETO; PROVIDING THAT THE SUBJECT PARCELS AND RIGHTS OF WAY ARE HEREBY ANNEXED PURSUANT TO SEC. 171.0413, FLORIDA STATUTES AND SEC. 4.02 OF THE VILLAGE OF TEQUESTA CHARTER; DIRECTING THE VILLAGE MANAGER TO DO ALL TH�NGS NECESSARY TO EFFECTUATE THIS ANNEXATION; DIRECTING THE VILLAGE CLERK TO FILE A COPY OF THIS ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT IN PALM BEACH COUNTY, THE CHIEF ADMINISTRATIVE OFFICER OF PALM BEACH COUNTY AND WITH THE DEPARTMENT OF STATE WITHIN SEVEN (7) DAYS AFTER ADOPTION; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. � Account #: N/A Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: No Appropriate Fund Balance: No EXECUTlVE SUMMARY OF M/lJOR ISSUES: (7his is a snap shot descrip AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ANNEXING THREE (3) PARCELS OF REAL PROPERTY COMPRISING A TOTAL GF 0.7278 ACRES, MORE OR LESS, LOCATED AT 19578 U.S. HIGHWAY 1, 19590 U.S. HIGHWAY 1, AND 19600 U.S. HIGHWAY 1, AS MURE PARTICULARLY DESCRIBED HEREIN; AND ADDITIONALLY ANNEXING THOSE PORTIONS OF U.S. HIGHWAY #1, INLET COURT, PALM COURT AND THE EAS�ERLY RIGHT �F VVAY BUFFER ADJACENT THERETO; PROVfDING THAT THE SUBJECT PARCELS AND RIGHTS OF WAY ARE HEREBY ANNEXED PlJRSUANT TO SEC. 171.0413, FLORIDA STATUTES AND SEC. 4.02 OF THE VILLAGE OF TEQJESTA CHARTER; DIRECTING THE VILLAGE MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS ANNEXATION: DIRECTI�VG THE VILLAvt CLERK TO FILE A COPY OF THIS ORDINAIvCE WITH THE CLERK OF THE CIRCUIT COURT IN PALM BEACH COUNTY, THE CHIEF ADMINISTP,ATIVE OFFICER OF P,�.LM BEACH COUNTY AND �NITH THE DEPARTMENT OF STATE WITHIN SEVEN (7) DAYS AFTER ADOPTION; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. � � ':v _ 4�epartment Head Finance Director: . Reviewed for Financial Sufficien�y ! �` ��j ` � No Financial Impact � . - Attorney: (for legal sufficiency) `� Village Manager: Submit for Council Discussion: Approve Item: Deny It SPECIAL INSTRUCTIONS FOR CLERK: (if qou wish to have agreements strre to indude tt� � want signed and place "Sign Here" sticker on them) -= Form Amended: 10/20/11 ORDINANCE NO. 15-12 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ANNEXING THREE (3) PARCELS OF REAL PROPERTY COMPRISING A TOTAL OF 0.7278 ACRES, MORE OR LESS, LOCATED AT 19578 U.S. HIGHWAY 1, 19590 U.S. HIGHWAY 1, AND 19600 U.S. HIGHWAY 1, AS MORE PARTICULARLY DESCRIBED HEREIN; AND ADDITIONALLY ANNEXING THOSE PORTIONS OF U.S. HIGHWAY #1, INLET COURT, PALM COURT AND THE EASTERLY RIGHT OF WAY BUFFER ADJACENT THERETO; PROVIDING THAT THE SUBJECT PARCELS AND RIGHTS OF WAY ARE HEREBY ANNEXED PURSUANT TO SEC. 171.0413, FLORIDA STATUTES AND SEC. 4.02 OF THE VILLAGE OF TEQUESTA CHARTER; DIRECTING THE VILLAGE MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS ANNEXATION; DIRECTING THE VILLAGE CLERK TO FILE A COPY OF THIS ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT IN PALM BEACH COUNTY, THE CHIEF ADMINISTRATIVE OFFICER OF PALM BEACH COUNTY AND WITH THE DEPARTMENT OF STATE WITHIN SEVEN (7) DAYS AFTER ADOPTION; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village Council of the Village of Tequesta, Florida has received written petitions signed by the owners of real property located at 19578 U.S. Highway #1, and 19600 U.S. Highway #1, hereinafter described, who desire that said real property be annexed into the Village of Tequesta, Florida, pursuant to the provisions of Section 171.0413, Florida Statutes and Sec. 4.02 of the Village of Tequesta Charter; and WHEREAS, the owner of real property located at 19590 U.S. Highway #1, l�e�einafter described, has not petitioned the Village for annexation; and WHERE:AS, the above referenced three parcels of real property to be annexed into the Village of Tequesta comprise one area of contiguous, compact, unincorporated territory adjacent to the Village of Tequesta, all of which has been developed for urban purposes; and WHEREAS, the said thre� parcels that comprise the above refe�enced territory are owned by individuals or other legal entities ��vhich are not registered electors of sa�d territory; and WHEREAS, the owners of more than 50% of the land within the territory to be annexed have consented to be annexed into the Village of Tequesta, and the owners of more than 50% of the three parcels of land within the territory to be annexed have consented to be annexed into the Village of -1- Tequesta, as evidenced by their request for annexation; and WHEREAS, the above facts allow the entire territory, comprised of the above referenced three parcels of real property, to be annexed into the Village of Tequesta without the necessity of a referendum vote; and WHEREAS, the Village of Tequesta has prepared a report setting forth its plans to provide urban services to the area to be annexed containing the information required by Sec. 171.042, Florida Statutes, and has filed a copy of such report with the Palm Beach County Board of County Commissioners at least 15 days prior to considering this ordinance on first reading; and WHEREAS, Palm Beach County has requested that the Village of Tequesta. also annex those portions of U.S. Highway #1, Inlet Court, Palm Court, and the easterly right-of-way buffer adjacent thereto; and WHEREAS, the Village Council desires to annex such rights of way at Pa1m Beach County's request' and WHEREAS, the Village of Tequesta has caused all required advertisements and notices to be published and sent to all required recipients pursuant to Sec. 171.0413, Florida Statutes, and Sec. 171.042, Florida Statutes; and WHEREAS, it is the opinion of the Village Council that it is in the best public interests that the real property referenced above and more fully described below be annexed into the Village of Tequesta. NOW, TI-�EREFORE, BE IT ORDAINED �Y THE VILLArF COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: The above recita.ls are true and correct and are hereby incorporated herein. Section 2: The Village Council of the Village of Tequesta finds that the real praperty consisting of a t�tal of 0.7278 acres, more or less, along with those portions of U.S. Highway #1, r.�l�t co* art, Palm �'ourt and the easterly right of way buffer �djacent theret^, legally described �s set forth on Exhibit A and depicted on the map attached hereto as Exhibit B and made a part hereof, qualifies for annexation pursuant to Section 171.0413, Florida Statutes, as fully described in the recitals hereinabove, and the same is hereby annexed into the Village of Tequesta, Florida as -2- permitted by Section 4.02 of the Village of Tequesta Charter. Section 3: The Viliage Manager is hereby directed to do alI things necessary to effectuate this annexation. Section 4: The Viliage Clerk is hereby directed to f le a copy of this Ordinance with the Clerk of the Circuit Court, Palm Beach County, and the Chief Administrative Officer of Pa1m Beach Counry and with the Department of State within seven (7) days of the adoption of this ordinance. Section 5: All Ordinances of parts of Ordinances in conflict herewith are hereby repealed. Section 6: Should any Section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or any part thereof other than the part to be declared invalid. Section 7: This Ordinance shall take effect immediately upon second reading and final passage. -3- _ �- w .' 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