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Home My WebLink AboutOrdinance_17-13_07/11/2013 ORDINANCE NO. 17-13 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, PROPOSING THE ANNEXATION INTO THE VILLAGE OF TEQUESTA OF APPROXIMATELY 13.16 ACRES, MORE OR LESS, OF UNINCORPORATED AREA KNOWN INFORMALLY AS SANDPOINTE BAY CONDOMINIUM, AND MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING THAT A REFERENDUM VOTE OF THE REGISTERED ELECTORS OF THE AREA PROPOSED TO BE ANNEXED SHALL BE HELD AT A SPECIAL ELECTION CALLED FOR THE PURPOSES OF HOLDING THE REFERENDUM ON AUGUST 27, 2013 PURSUANT TO SEC. 171.0413, FLORIDA STATUTES AND SEC. 4.02 OF THE VILLAGE OF TEQUESTA CHARTER; PROVIDING BALLOT LANGUAGE AND INSTRUCTIONS TO VOTERS; PROVIDING FOR NOTICE OF THE REFERENDUM; DIRECTING THE VILLAGE CLERK TO COORDINATE WITH THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS, AND PROVIDE A COPY OF THIS ORDINANCE TO THE CHIEF ADMINISTRATIVE OFFICER OF PALM BEACH COUNTY AND THE DEPARTMENT OF STATE WITHIN SEVEN (7) DAYS AFTER ITS ADOPTION; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village Council ofthe Village of Tequesta, Florida, desires to annex certain parcels of unincorporated land into the Village of Tequesta; and WHEREAS, said parcels are informally known as Sandpointe Bay Condominium, and are comprised of approximately 13.16 acres, more or less; and WHEREAS, the Village Council of the Village of Tequesta has made a finding that said unincorporated parcels are reasonably compact, contiguous to the Village of Tequesta, and are developed for urban purposes in accordance with Sec. 171.043, Florida Statutes; and WHEREAS, pursuant to the requirements of Sec. 171.0413, Florida Statutes, and Sec. 4.02 of the Village of Tequesta Charter, the Village of Tequesta will submit to the registered electors of the area proposed to be annexed the question of annexation by referendum to be held at a special election called for the purposes of holding the referendum on August 27, 2013; and WHEREAS, the Village of Tequesta has caused to be prepared an urban services report for the area proposed to be annexed, and has provided same to the Palm Beach County Board of County Commissioners pursuant to Sec. 171.042, Florida Statutes; and -1- WHEREAS, the Village of Tequesta has complied with all notice requirements of Sec. 171.0413 and 171.042, Florida Statutes that pertain to this ordinance; and WHEREAS, it is the opinion of the Village Council that it would be in the best public interests that the real property described herein be annexed into the Village of Tequesta, upon approval of such annexation by the registered electors of the area proposed to be annexed at a referendum to be held at a special election called for the purposes of holding the referendum on August 27, 2013. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1 : The above recitals are true and correct, and are hereby incorporated and made an integral part of this ordinance. Section 2 : The unincorporated land, consisting of approximately 13.16 acres, more or less, legally described as set forth on Exhibit A and made a part hereof, and as depicted on the map attached hereto as Exhibit B and made a part hereof, is hereby proposed for annexation into the Village of Tequesta pursuant to Section 171.0413, Florida Statutes, as permitted by Section 4.02 of the Village of Tequesta Charter. Section 3 : The Village Council of the Village of Tequesta hereby submits to the registered electors of the area proposed to be annexed the question of annexation by referendum to be held at a special election called for the purposes of holding the referendum on August 27, 2013. Section 4 : The language to be placed on the August 27, 2013 ballot regarding said referendum shall be as follows: VILLAGE OF TEQUESTA ANNEXATION OF SANDPOINTE BAY CONDOMINIUM Shall the Village of Tequesta annex the real property informally known as Sandpointe Bay Condominium, as that property is fully described in Ordinance No. 17 -13 of the Village of Tequesta, Florida, effective upon the approval by a majority vote of the registered electors of the area proposed to be annexed? -2- YES — For annexation into the Village of Tequesta of the real property fully described in Ordinance No. 17 -13 of the Village of Tequesta. NO — Against annexation into the Village of Tequesta of the real property fully described in Ordinance No. 17 -13 of the Village of Tequesta. Section 5 : Pursuant to the requirements of Sec. 171.0413(2)(b), Florida Statutes, notice of the referendum on annexation shall be published once each week for two consecutive weeks immediately preceding the date of the referendum in a newspaper of general circulation in the area in which the referendum is to be held. The form of said notice shall be pursuant to the requirements of Sec. 171.0413(2)(b), Florida Statutes. Section 6 : The Village Clerk is hereby directed to coordinate with the Palm Beach County Supervisor of Elections in order to include the above ballot question and language on the August 27, 2013 special election ballot for the property located in the area proposed for annexation. Section 7 : The Village Clerk is hereby directed to provide a copy of this ordinance to the Chief Administrative Officer of Palm Beach County and to the Department of State within seven (7) days of the adoption of this ordinance. Section S : All Ordinances of parts of Ordinances in conflict herewith are hereby repealed. Section 9 : 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 10 : This Ordinance shall take effect immediately upon adoption. The real property described herein shall be annexed into the Village of Tequesta subject to an affirmative vote of the registered electors of the area proposed for annexation, to take place on August 27, 2013. -3- Upon Second Reading this 11 ` day of July 2013, the foregoing Ordinance was offered by Council Member Okun who moved its adoption. The motion was seconded by Council Member D'Ambra and upon being put to a vote, the vote was as follows: For Adoption Against Adoption Mayor Abby Brennan X Vice -Mayor Vince Arena X Council Member Steve Okun X Council Member Tom Paterno X Council Member Frank D'Ambra X The Mayor thereupon declared the Ordinance duly passed and adopted this 11 u day of July 2013. MAYOR OF TEQUESTA gail ennan 4 ATTEST: �Vlz � PGE Lori McWilliams, MMC E= Village Clerk - y : �9,0 m; gy m „ _ 1 '0 -ay ... 4 Mayo, Deanna From: McWilliams, Lori Sent: Tuesday, July 23, 2013 11:29 AM To: Mayo, Deanna Subject: Fwd: Sample Ballot Attachments: image001.jpg Please print ar�d place on my chair Sent from my iPad Begin forwarded message: From:Charmaine Kelly<charmaine@pbcelections.or�> Date:July 23,2013,9:34:10 AM EDT To:"'McWilliams, Lori"'<ImcwilliamsC�tequesta.or�> Cc:<Tonv@pbcelections.or�> Subject:RE:Sample Ballot Reply-To:<charmaine@pbcelections.or�> Good morning Lori, Precinct 1115 was created because the proposed area for annexation is only a part of precinct 1114. Whereas the proposed area for annexation in precinct 1096 Includes the entire precinct. Thank you, Charmaine PLEASE NOTE: Under Florida law,emaii addresses are public records. If you do not want your email released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or writing. Florida Statute 668.6076 From:Tony Enos fmailto:tony@�bcelections.orgl Sent:Tuesday,July 23, 2013 9:18 AM To: charmaineCalpbcelections.org Subject: FW: Sample Ballot From: McWilliams, Lori fmailto:lmcwilliams(c�tequesta.orgl Sent:Tuesday,July 23, 2013 8:53 AM To: <tony@pbcelections.org> Subject: Re: Sample Ballot Tony Can you please send me a short blurb on the SOE changing the one precinct number? My attorney wants me to include it with the ordinance. Thanks. :) Sent from my iPad 1 . . On Jul 19�2013,at 4:56 PM, "Tony Enos"<tonv@pbcelections.or�>wrote: _y=,� Attached is the English/Spanish Sample Ballot for your city.Ask discussed they are two separate Sample Ballots. Please look them over and let me know if they are OK and what you wanted. If you need anything else please let me know. Tonv Enos _-;.:�a �vsiems Ulanaqer ��lm Beach County, Ft Phone -561-840-4588 Fax - 561-840-4591 PLEASE NOTE: Under Florida law, email addresses are public records. If y�a° do not want your emai4 address released in response to a_public rec4rds requ��', do not send ele�tronic mail to this entity. Instead, contact this ofFce by phone vr in writing. Florida Statute 668.6076 <Visio-Sampleballot.letter.1115.pd� <V isio-Sampleballot.letter.1096.pdfl z EXHIBIT nA VILLAGE OF TEQUESTA ANNEXATION OF SANDPflItdTE BAY GONDOt�INIU�f LEGA� DESCRIPTIQIV A PARCEL OF I.AMD LYING IN GOVERNMENT LOT 1, SECTION 30, TOWNSNIP 40 SOUTli, RANGE 43 EAST, PAL1�11 BEA�H C4UNTY, FLQRIDA, BEING ALL QF THE FLAT OF �+RNDPQINTE ��, AS RECORfJED� IN Pt�tT BQOi� 42, PAGE t t� /KNfJ t20, Ft1BLIC� RE(�?RQ! 8F PRLA� BEACH COUNTY, FLORIDA AND THE A�JACENT SUBI�Rti�D LAND lYIN(� EAST OF SAID PLAT OF SANQPOIi�TE BAY fXTEhIDING TO THE CENTERLINE OF THE INTFiACOASTA4. WATERWAY, AND B�ING MORE PAR7ICULARLY DE3CRIBED AS FQLtOWS: FRDM THE IARERSECTION OF TtiE F�fiTERLY RIGHT-OF-WAY LTNE OF U.S. HIGMlWW�1Y ONf 11YITti T-NE �NQRTfi �LiAIE OF T� SOU�t# 450 F�E7 OF GQVERf��lT lA� '�, +SEC�OA1 90, 70WNSHIP 40 SOUTH, iiANGE 43 EAST, PALM BEACH COttN'fY, FLbRIDA; TMENCE EASTEHLY ALONG SAID NORTH LINE AND I7S EASTERLY EXTEN.SI�1 TO TNE CENTERLINE OF THE INTRACOASTAL WATERINAY, THENCE �OUTMERLY ALONG SAID GENTERttl� OF THE INTRACOASTAL WATERWAY TO A LINE LYING 15 FEET, NfORE OR LESS, N(?RTH OF AND PARALLEL TO THE PIQRTH LINE pF LOT 1, BLOCK 8, JIfPI'�ER HfIGHTS, AS RECORDED IN PLAT BOOK 23, PAGE 69, PUBIIC RECORDS �F PA��t BEACH COUNTY, FLORIdA AND ITS EASTERtY EXTENSION; THENGE WE3TERLY Ai.81+Ki SAID PARALLEL LII� TO THE l�RTHERI.Y fXTENSION OF THE 111�ST PROPERTY LINE OF �AID LOT 1, THEf�E SOUTHERLY ALUNG SAID NORTHERLY EXTENSION 1S FEET, WIORE �i LES3, TO TME NOR'1'li LIME OF SATD �LAT Of JUPITER HEIGHTS; TNEI�E iNESTERLY ALONG SAIO NOR7'H LINE OF JUPITER HEIGHTS AND ITS WESTERLY fXTEMSIO�I TO $AID EASTERLY RIGi�i't'-OF-YYAY LINE OF U.S. HItiMNAY ONE; THENCE NORTHfRIY AL4NG SAIO EASTERLY RItiHT-OF-WAY LINE �'0 TNE PDINT OF SEGINNIPIG. CQNTAINTNG 13.16 ACRES, MORE OR LESS. DAIL�Y � �� G s��►��a �� tt� . u. . ►i�y No. t T�quee4, F� 33N9 Photis: {561)'�48-84Z4 eu��ss uc�: �er zr� DATE: MAY 20, 2U13 SHEET 1 OF 1 JOB NO.: OB-077-13 EXHIBIT "B" SKETCH C}F LEGAL (THIS IS N�T A SURVEY} � NIARTIN COl1NT`( � '�� PALM BEACH C�UNTY � ---------- � �'ti � ,.Y � � �� '— a r� � GRAPH 1�SCA� IN FEET VILLAf3E 80lJND�ARY . f�'►�) tn� a $ � � � p c � , �� PQB � 5 �� r,� � � � � SANDPOINTE � � � ,�� BAY 4 � PB-42, PG 119 � 'i20 � � . � . ur� crnrr �o: � , Q Y f0 1t tt 1a N ib H � COUMY UNE PU47A rNneoeinno�oK z 3 � �� , wu� s�w � VILLNGE � � )—'--� �� PB = PLAT BOOK PG = PAGE POS = POINT OF BEGMINtNG P►"'` � = CENT�RLINE Vf�.�.AGE C3� TEQUES�A ��i� 1 ANNEXATtON SAIVDPOINTE BAY � A��'� �G c... -" Sunreyin� �nd NIapP��9 . DAlLE1f 1 �2 ►v. u.1�Mr�ray �o. t PRUFESSI L SURVEYOR 8� N4APPER F°q `� ° ' �" � Pf�orre.;561) 74e•94TA FLORiDA REGISTRAT{ON No.: 2439 eua�NEas uc�sE: c.�2�e DATE: MAY 20, 20'!3 SHEET 1 OF 1 JOB NO.: t�-077-13