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HomeMy WebLinkAboutDocumentation_Special Meeting_Tab 03_02/24/1994 T
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� VILLAGE OF TEQUESTA
� �� � DEPARTME'�IT OF COMMUNITY DCVELOPME'�IT
`" �;? Pc�st UI(icc E3��x 3273 • 357 l�cyucsta Unvc
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Tcqucsw, Florida 33469-0273 • (407) 575-6220
s ° Fax: (407) 575-6203
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`• �H COVN� .
NEMORANDUM
TO: Thomas G. Bradford, Village Manager
FROM: 3teven A. Kennedy, Deputy Building Official
DATE: February 3, 1999
3UBJECT: Annexation by Interlocal Agreement. s�
Attached, please find 10 copies of proposed Resolution Number 12-
93/99 and support documents required to achieve the subject
purpose. Please place the same on the February 8, 1994 Finance
and Adrainistration Committee raeetinq agenda. If approved by the
committee, the matter could be heard by the Village Council on
February 29, 1994 and if approved, heazd by the Palm Beach County
Boasd of County Commissioners on April 5, 1999. The identified
parcels would become incorporated into the Village upon execution
of the interlocal agreement by both parties.
Florida 3tatute 171.046 allows for annexation by interlocal
agreement provided the parcels to be annexed comply with certain
criteria such as strictly meeting the definition of "enclave."
Additionally, the lands being considered must be developed or
developable and less than ten acres in total area. Village Staff
has reviewed all the existinq adjacent enclaves and alonq with the
Palm Beach County Planninq Department Staff, determined three
qualifying areas. These areas are identified in attachment "A"
of the interlocal agreement. Further, the Village Attorney and
the County Attorney have independently reviewed and approved the
applicable documents.
Staff strongly recommends expeditious consideration of. this
matter by the Village Council as the proposed annexation will be
in keeping with current policy and will allow fot a more efficient
delivery of governmental services to the affected lands.
Additionally, the proposal will be beneficial to the Village as
the nine individual single family zesidential properties
identified have a cumulative taxable value of 52,446,787.00. This
will result in additional revenues of $14,970.30, based on the
current millage rate of 5.9140.
Attachment/
cc: Scott D. Ladd, Building Officfal
Recycled Paper
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If KESOLUTION N0. 1 ` - ` - ���`�`�
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II � A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OE
TEQUESTA, PALM BEACH COUNTY. FLORIDA, AUTHOR,IZING THE
;� EXECUTION OF AN INTERLOCAL AGREEMENT WITH PALM BEACH
ii COUNTY PROVIDING FOR THE ANNEXATION OF ENCLAVES
�� PURSUANT TO FLORIDA STATUTE 171.046.
� WHEREAS. Florida Statute. Section 163.01 < 1991>, known
(I as the "Florida Interlocal Cooperation Act of 1969," authorizes'
�; local qovernments to make the most efficient use of their powers
�� bX enabling them to cooperate with other localities on a basis
I of mutual advantage and thereby to provide servicee 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 aqencies, as defined therein, to enter into�
interlocal agreements with each other to iointly exercise any'
power, privileqe, or authority which such aqencies share in�
common and which each miqht exercise separately; and
{� ,
�� WHEREAS, Section 18 of Chapter 93-206. Laws of Florida,;
created Florida Statute. Section 171.046, providinq for the�
annexation of enclaves pursuant to interlocal aqreements between;
�� municipalities and the county which have iurisdiction over such�
i� enclaves; and �
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I � WHEREAS, Florida Statute. Section 171.046, limits;
annexation by interlocal agreement to enclaves of ten t10) acres�
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or less in size; and
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�- WHEREAS. F1oLida Statute. Section 171.031< 13><a> and�
. ,;
`� < b>, as amended by Chapter 93-206, Laws of Florida, def ines :
enclaves as developed or imgroved property bounded on all sides'
by a sinqle municipality, or bounded by a sinqle municipality'
and by a natural or manmade obstacle that allows passaqe of�
vehicular traffic to that unincorporated area only through the;
;I municipality; and �
1
I WHEREAS, the County and the Village have determinedj
that it is appropriate and will promote efficient provision ofI
qovernmental services for the Village to annex certain enclaves;
a nd �
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, WHEREAS, the County and the Villaae have determined
; that the parcels to be annexed pursuant to this interloca2
!� aareement are improved property based upon the availability of
�I water and sewer systems; the availability and access to public
I riQht-of-way; that the lots have previously been cleared; and
� that the lots have been subdivided and recorded or unrecorded
I) plats: and
�� WHEREAS, it has been determined by the Vi11aQe that the
parcels to be annexed via this interlocal avrsement meet the
requirements set out in Florida Statute, Section 171.031< 13><a)
and (b>, and Section 171.046, as such enclaves are developed or
I improved, are less than ten <10> acres in size and are
completely surrounded by the Villaqe or are surrounded by the
Villave and a natural or manmade obstacle that allows passace or
vehicular traffic to the enclaves only throuQh the Village.
NOW, THEREFORE. BE IT ORDAINED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF TEQUESTA. FLORIDA, as follows:
�
S ectio n 1. That the Villace Council is hereby,
authorized and directed to execute an interlocal aQreement
tattached hereto and incorporated herein as Exhibit "A"> with
Palm Heach County on behalf of the Villaqe of Tequesta.
Section 2. Upon execution of the interlocal aqreement, ;
the Villaae Clerk is herebp directed and authorized to transmit
suff icient copies of same to the appropriate off ices of Palm
Beach County fo= Palm Beach County's consideration of execution
of the Interlacal Aqreement and thereafter the execution:
thereof .
S ection 3. This Resolution shall take effect upon �
adoption.
THE FOREGOING RESOLUTION was offered by Covncil-
member , who moved its adoption. The
Resolution was seconded by , and upon.
beinq put to a vote, the vote was as f ollows:
FOR ADOPTION AGAI ADOPTION
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�I The Mavor thereu on declared the Resolution dul assed'
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�I' and adopted this _._!____. day of _._ r __ ____,. A. D. ,
�I 1994.
�� MAYOR OF TEQUESTA
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� Ron T. Macka i 1 ;
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Attest:
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Joanne Manganiello
Village Clerk
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EXHIBIT "A"
INTSRLOCAL AGRP.'EM�NT
An Interlocal Avreement between Palm Heach Countv, a
political subdivision oL the State of Florida, and the Villave of
Tequesta, providina for the annexation of eiiclaves pursuant to
Section 171.046, Florida Statutes.
This Interlocal Aareement is made the .___ day
of , 1994, between the Village of Tequesta, a
municipality located in Palm Beach County, Florida, hereinafter
referred to as "Villaoe", and PALM BEACH COUNTY, a political
subdivieion of the State of Florida, hereinafter referred to as
"COUNTY", each one constitutina a public auency, as defined in
Part 1 of Chapter 163. Florida Statutes.
WHEREAS, Sect ion 163. O1, Flor ida Statutes t 1991> , known
as the "Florida Interlocal Cooperation Act of 1969," authorizes
local arovernments to make the most efficient use of their powers
by enabling them to cooperate with other localities on a basis of
mutval advantaoe and, thereby, to provide services and facilities
that will harmonize veoqraphic, economic, population and other
factors inflvencinc the needs and development of local
communities; and
WHEREAS, The Florida Interlocal Cooperation Act of 1969
permits public aqencies, as defined therein, to enter into
Interlocal Aareements with each other to iointlY exercise any
power, privilege, or authority which such a,qencies 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, providina for
annexation of certain enclaves by enterinq into an Interlocal
Aareement between the Municipaiity and the County havinc
iurisdiction over such enclave; and
WHEREAS, Section 171.046. Florida Statutes, limits
annexation by Interlocal Aareement to enclaves of ten (10> acres
ot 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 sinqle municipality,
or bounded by a sincle municipality and by a natural or manmade
obstacle that allows passaqe of vehicular traffic to that
�nincorporated area only throvgh the municipality; and
WHEREAS, the Count.y and the Villave have determined that
it is appropriate and will promote efficient provision of
governmental services for the Villaae to annex certain enclaves;
and
WHEREAS, the Cnuntv and ttie Villaue have determined that
the parcels to be annexed pursuant to thi� Interlocal Aareem�nt
are improved property based upon the availabilitv of water and
sewer systems; the availability and access to a public riQht-of-
way: that the lots have previouslv been cleared; and that the
lots have been subdivided in recorded or unrecorded plats; and
WHEREAS, it has been determined bv the Villaqe and bv the
County that the parcels to be annexed via this Interlocal
Aareement 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 Village and a natural or manmade obstacle that allows passace
of vehicular traffic to the enclaves only throuqh the Village;
a nd
WHEREAS, the County and the VillaQe aoree that the
parcels to be annexed via this Interloca2 Agreement are sub�ect
to the Land Use Atlas of the Palm Beach County Comprehensive Plan
and County zoninq and subdivision regulations until the Villaqe
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 6et forth, the
parties hereby aqree as f ollows:
Section 1. Purpose.
The purpose of this Agreement is to allow annexation by
the Villaqe 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 f orth in
Seotion 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. "Aareement" means this Interlocal Agreement,
including any amendments or supplements hereto, executed
and delivered in accordance with the terms hereof:
Sect 3. Annexation.
F _ � -
Tlie unincorDOrated enclaves idcntifie�l ir� Exhibit "A".
which is attached hereto and m�de � �art hereof, are herebv
annexed into and are included iri the cor�orate boundaries of the
Vi11aQe of Tecruesta.
Section 4. Effective Date.
This AoreemPnt shall take effect upon execution bv �oth
�arties.
Sect ion 5. F'i 1 inQ.
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.
Se ion b. Not if icat ion.
The Vi11aQe hereby acknowlEdqes 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 refezence to the latest published ad valorem tax records
of the Palm Beach Countv Property Appraiser. The written notice
shall describe the purpose of the Interlocal P,qreement and shall
state the date, time and place of the meetina of the Villaqe
Council of the Village of Tequesta where this Interlocal
AQreement 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 reqardina the date, time and place
when the Palm Beach County Board of County Commissioners shall
cvnsider the adoption of�this Interlocal Avreement.
Section 7. Captions.
The ca�tions and section desiQnations herein set forth
are for convenience only and shall have no substantive meanino.
Section 8. Severability.
In the event that any section, paraqraph, sentence,
clause, or provision hereof be held by a court of competent
iurisdiction to be invalid, sUCh shall not affect the remaining
�ortions of this AQreement and the same shall remain in full
f orce and ef f ect .
Section 9. Entirety of Aqreement.
This Agreement represents the entire understanding
between the parties, and supersedes all other negotiations,
representations, or agreement, either written or oral, relatinc
to this Agreement.
— 3 —
ATTEST: PALM HEACH COUNTY, FLORIDA BY ITS
BOARD OF COUNTY COMMISSIONER:�
- Bv � ------_.. ___ .... _ __ __ __..�_ -- �---- --�- ------
B y' --- - -- --------
Deputy Clerk Chair
< SEAL>
WITNESSES:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Covnty Attorney
-------------------------------
ATTEST: VILLAG�. OF TEQUESTA
BY: BY� ._.__. _ ��.---
Village Clerk Mayor
( SEAL>
WITNESSES: '
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Hy:
Villaqe Attorney
Exhibit "A"
( 5 Pages )
ANNEXATION PARCEL LEGAL DESCRIPTIONS
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 1/9 OF SE 1/9
Consisting of approximately .07 acre
Parcel 2 - Jupiter Manors
00-42-40-25-00-006
25-90-42, TH PT OF GOV LT 6 IN
OR1482P321 / BEING LT 11,
JUPITER MANOR3/ BLK D
Consisting of approximately .97 acres.
Parcel 3- Riverside on the Loxahatchee
Seven Lots Consisting of approximately 5.78 total acres.
00-92-90-36-09-003-0130
Riverside on the Loxahatchee
LOT 13 /LE33 RD R/W/ BLK 3
Consisting of approximately .65 acre.
00-42-40-36-09-003-0191
Riverside on the Loxahatchee
NLY 103 FT OF LOT 14 /LE33 RD R/W BLK 3
Consisting of approximately .67 acre.
00-42-40-36-04-003-0142
Riverside on the Loxahatchee
3LY 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.
00-92-90-36-04-003-0180
Riverside on the Loxahatchee
LOT 18 LESS RD R/W/ BLK 3
Consisting of approximately .69 acre.
00-42-40-36-09-003-0190
Riverside on the Loxahatchee
LOT 19 /LES3 RD R/W/ BLK 3
Consisting of appzoximately .64 acre.
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�' . VILLAGE OF TEQUESTA
; `� ,
y�'� DEP:IRTT1[�.tiT nl� CnRiMl;ti�i'ti" DEVELnPMF-.ti'1
' Post Ulficc f3ox 3273 • 357 Tc ucst� Ur�vc
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• � ° Tcyucst��. Florida 33469-0273 • (�07) 575-(�2'U
i ° F:�x: (-1O7) 57S-fi?O3
q 4
•�'� COUM�
February 8, 1994
CERTIFIED MAI.L
p 790 936 843
Mr. Martin L. Haines III �
19195 N. Riverside Drive
Jupiter, FL 33469
3UBJECT: Annexation of unincorporated enclave property
described as follows:
LEGAL DESCRIPTION: RIVERSIDE ON THE LOXAHATCHEE
LOT 17 BLOCK 3
PROPERTY CONTROL NO.: 00-92-90-36-04
Dear Mr. Haines:
As owner of the above described property, please be advised that
on February 29th, 1994, at 7:00 P.M. the Village Council of the
" Village of Tequesta, pursuant to Florida Statute Section 17i.046,
will meet to consider the adoption of Resolution number 12-93%94
for the purpose of entering into an interlocal agreement with
Palm Beach County allowinq for the annexation of certain enclaves
surrounded by the Village, including your property. The meeting
will take place in the Village Council Chambers, Village Hall, 357
Tequesta Drive, Tequesta Florida.
A copy of the proposed agreement is on file with the Village of
, Tequesta Depaztment of Community Development located at 357
Tequesta Drive, Tequesta Florida. You may review the document or
obtain a copy during regular business hours of 8:30 A.M. to 5:00
P.M. Monday through Friday. Should you have any questions
regarding its contents, you may contact Steven Kennedy, Deputy
Building Official at (407) 575-6223.
In the event the resolution is adopted by the Village, it will
then be forwarded to the Palm Beach County Board of County
Commissioners for consideration by the Board at a future County
Commission meeting. Should it be necessary, you may contact John
Pancoast, of the Palm Beach County Planninq Division, at
(40?) 233-5328 to determine the scheduled date and time of the
County Commission meeting. You or your representative may attend
either or both of these meetinqs to comment on the proposed
interlocal agreement and annexation of the sub3ect property.
Rfl'�('If(� �:1^�'• .
Mr. Martin L. Haines III
February 8, 1999
Page-2 .
By becoming a citizen of Tequesta, you join a community where your
voice is heard and you are not just a number. You also receive
top rated police and fire rescue services f=om Northern Palm Beach
County's only full service municipality at a very moderate and
reasonable price..
Your thoughtful consideration of the annexation of youz property
into the Village of Tequesta would be appreciated. It is hoped
that you will support this action.
Sincerely,
Scott D. Ladd
Building Official
cc: Village Council
Karen Marcus, PBC Commissioner, District �
Thomas G. Bradford, Village Manager
John C. Randolph, Village Attorney
Robert Banks, Assistant County Attorney, PBC
Richard Morley, Principal Planner, PBC, Planning Division
John Pancoast, Senior Planner, PBC, Planning Division
Steven A. Kennedy, Deputy Building Official
. NOTICE OF ANNEXATION
The Village of Tequesta, Florida, proposes to annex certain parcels
of land to the territorial limits of the Village of Tequesta as
described in proposed Resolution No. 12-93/99. The Resolution,
upon adoption, will authorize and direct the Village Council to
execute an interlocal agreement. with Palm Beach County for this
specific purpose.
General locations of the areas proposed to be annexed are shown on
the map below. Legal descriptions of the areas proposed to be
annexed and copies of the proposed Resolution can be obtained from
the 4ffice of the Village Clerk, 357 Tequesta Drive, Tequesta,
Florida, Monday through Friday, between the hours of 8:30 P.M. and
5:00 P.M.
Consideration of the proposed Resolution will Be held at 7:00 P.M.
on February 24, 1994, in the Tequesta Village Hall, 357 Tequesta
Drive, Tequesta, Flozida. Interested parties may appear at the
meeting to be heard with respect to the proposed Resolution.
PLEASE TAKE NOTICE AND 8E ADVISED that if any person desires to
appeal any decision made by the Council with respect to any matter
considered at this meeting, he/she will need a record of the
proceedings, and for such purpose, he/she may need to ensure that a
verbatim record of the proceedings is made, which record includes
the testimony upon which the appeal is to be based.
VILLAGE OF TEQUESTA Joanne Manganiello, Villaqe Clerk
Ron T. Mackail, Mayor
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PARCEL 1- Seabrook Road p��, 1
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PARCEL 2- Jupiter Manors "� i � � '
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� PARCEL 3 �
PARCEL 3 - Riverside on the :�. :; ~ - � �+; '
Loxahatchee — ' � �: � �
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' Ch. 93-206, 4 19 !,
. ' RgG(1I,AR SESSION ; ., p
n municipality for a period oi 2 years 6-om the date of the referendum on ,'
'..snaeu B �'
�cadon. B � i:
:� parcel of land wl�ich ia owned by ona individual. cot'P°m�on, or le .
.'�� MT � llectively by one or more i n d i v i d u a la, co r p o�dona, or legxl ent�tlea,
' �� ty ' d to be annexed under the proviaions of thia act ehall not be eevered, aeparated�
aded �de�d, or p�tioned by the provisions of said ordinance,
but ahall, if inteaded to be
���i, or if annexed, under the provisions of this act. be anne�� in its en ���� or
unded �ole. However, nothing herein contained shall be consWed as affect�n8
'� e �nfor�ab�ty of any o � n ��unici alit g rior to July 1. �5. , 'The owner of euc�h p pertY �, �F
,, �st bas been enact.ed by a m P Y P
� ��, �ve the requirementa of this subsection if such owner does not desire s11 of hia tract or
� �el included in said aanexation. '�d electors on the date
�g� If the area ro osed to be annexed does not have an
3 �e urdinance is finall ado ted no vote of electors of the srea m ed to be annexed s a11
r' be uired, notwithstandin the roas� well to (2) then�ne �of the
following
t tnae�dn munici alit is not re uu�e o tain the arties ro sin
,�. ��r �onsents re uire ursuant to su section (6) s
'�Y �%: e annexadon rior to the fin ado tion�o� �s� �� � e o De nance ° n e � 1
e of tbe -
� effec�e u on becomin a aw or as
'��' u�'� Section 17. Subsection (2) of section 171.062, Florida Statutes, is smended to read:
rit to thia .
ercent of',. Effeets of annexations or contractions
•nt o ': 171.062.
�e'.s tered__ (2) If the area annexed was subject ���� n� force and u effec unh� the
;d. The :� subdivision regulations, these said reSul
;d b �_ m �q 't ado ts a comi're�1'►ensive lan amendment that includes the annexed area axe�as
' election Section 18. Section 171.046, Florida StaWtes, is created W�a�
y of the ' � �
referen- 171,p4G, Annexation of enclaves
or at a- �1� �e Le 'slature re that enclaves can cseat,e si � c�t roblems in ! of the
n of the , �� emen an service 've and erefore declares at it is e
state to e'minate en aves. -�. :��; �._�t
�rendum . ,,,,� �mce provision
•�•+�'te the annexation of iAClsves_ I�'=�
3ing the "� I �� � ur,�,� �,� .,��a �,.,�,r �dst�nQ or W'or �
tich the r0 �� �� �� "
�n ents, a mniriei �a . ..ction of the ��.
d places - .interlocal ement with tbe coun havin '
�d. The � (a) Mne�t �n e�clav�e: . , _ .. ....�:,:; . - :-
�•:
omplete • ° ''
o�ce of . (b) Annex an enclave with fewer than 25 re 'stered voters b munici al ordinancevoters ���
the annexation is a rw in a referendum b at least 60 rcent of the . �
:ayed at �o � e in e ea ve.
,roperty .(3) This section does not aAP1Y ��developed or unimPrm' �� p� � d � � read:
ulude a' Section 19. Section 186.002. Flonda Statutes. 1992 Supp ,
�ll �offer ' 186.002 Findings and intent -
City of � (1) The Legislature finds and declares thaG
City of issues of public safetv, edncation, health care, commumh'
(a) The -
eives a � e�nomic develo ment and redevelo ment, ����n �' COe un an �
' toric resources trans rtatio an ublic facilities transcen ernment can plan or
=tors of � ernment, an often ao singie unit of gov
vp �� 'ties o indivi units o gcv otber units of governmenti
d ta be . ianplement polides to deal witb theae issues without affect�n8 �� effective and
�� :. (b) Coordination un alt levels of ernment is
e catuena o e state. t�
effiaent o services to � !�� �
�' � �� an m P�B °Y the atate'a conHnued
Tec�►e. tion of gwernment polides that a ddress the multitnde at iasnes Po�ed �Y
ma by mree ae�oa 1Y � 1485
• � �p.s.n.�—� Additloas �n' i�ated b1l
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