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Home My WebLink AboutDocumentation_Workshop_Tab 2_04/30/2018 �� D��vr�� ... � ' A�� .�. � Keith W. Davis, Esq. Floridcr Bm Board Certified Attorney City,Co��ty and Local Gover�unefat Lnw Email:keith@davisashtonlaw.com April 18, 2018 MEMORANDUM To: Mayor Brennan; Vice Mayor Paterno; Council Members Arena, Brandon and Johnson Cc: Manager Couzzo, Nilsa Zacarias, Clerk McWilliams Fr: Attorney Davis Re: Right-of-Way Abandonment Process and Policy The following describes in detail the above referenced agenda item: Per the Village Manager, the current Village policy regarding right-of-way abandonment is before you for discussion. Although the attached document contains the Village policy, it dates back nearly 20 years and a definitive determination on whether it was adopted at the Village Council level or the administration level could not be made. The policy contains provisions that are typical of policies in other nearby jurisdictions; it is a legally sufficient policy. However, in as much as this policy has not, until recently, been utilized in any form or fashion, it is placed before you for discussion to determine, among any other issue the Council desires to discuss, whether it should be amended substantively, whether it should be codified and placed into the Village Code, and whether the abandonment of any particular right-of-way, or conversely, the preservation of any right-of-way, or rights-of-way in general, should be addressed in the Village's Comprehensive Plan. 701 Northpoint Parkwa�, Suite 205, West Palm Beach, FL 33407 � p 561-586-7116 �f 561-586-9611 zvww.davi sasli tonlazv.com ♦LEADING EXPERTS IN LOCAL GOVERNMENT LAW AND ETHICS ♦ POLICY NO. 1 —99/00 June 14,2000 APPROVED: Joann Manganiello,Acting Village Manager TITLE: Procedures for Application for Abandonment of dedicated Public Property Within the Village of Tequesta. OBJECTIVE: This policy supersedes and amends Administrative Policy No. 1 — 90/91, adopted November 1, 1990. To establish clear regulations and written procedures for the processing of applications for the abandonment of dedicated public property within the Village of Tequesta. RESPONSIBILITY: The Director of Community Development shall be responsible for the administration of this Procedure. The Village Attorney shall be responsible for the legal advertising of the Public Hearing, the preparation of the appropriate Resolution for the Village Council and necessary follow-up based on Council action as set forth in the Procedures. The Village Clerk shall be responsible for providing a copy of the Resolution to the appropriate officials as set forth in the Procedures. The Director of Finance shall be responsible for proper handling of alI fees. PROCEDURE: I. Initiation A. Meeting before formal filing of application with Department of Public Works, Department of Community Development and others, as necessary, to answer questions and/or identify areas of concern. B. Letter of application to the Director of Community Development by applicant(s) or authorized representative (Power of Attorney required, if representative), which includes the following: 1. Complete reason for abandonment request to be stated. 2. Check made payable to the Village of Tequesta in the amount of $500.00 to cover direct costs and processing by the Village. C. Exhibits legibly drawn to scale and documentation sufficient in scope to show: 1. Area to be abandoned (plus complete legal description). 2. Abut�ing property owners (names and addresses). 3. Letters of Consent from Florida Power and Light, Southern Be11 Telephone Company, Natural Gas Utility, if applicable, Tequesta Utility Department (Water and Stormwater), Loxahatchee River District and CATV franchisee. 4. Existing utilities or improvements, if any, in area involved. If utilities and improvements need to be relocated, a11 details regarding same should be identified, including dedication or new easement(s), including legal description(s), and other actions, as required. NOTE: Thirty (30) complete copies of application and all support documentation should be submitted to the Department of Community Development for review by the Village Council and administrative processing at least forEy-five (45) days prior to Council meeting at which same is to be considered. II. Review A. Memorandum from the Director of Community Development or his/her designee and complete copy of application with support documentation will be forwarded to the following for review by Development Review Committee and other staff: 1. Director of Community Development 2. Village Planner 3. Chief of Police 4. Chief of Fire/Kescue 5. Director of Utilities 6. Director of Public Works/Recreation 7. Village Manager S. Village Clerk 9. Village Attorney B. Department of Community Development will prepare a Development Review Committee and staff review report that will be attached to the application and support docs that sets forth the recommendations of the Development Review Committee and staff. C. The Department of Community Development sha11 provide letter of notification with complete copy of application to each abutting property owner advising of application and inviting comments in writing and/or verbal comments at Council meeting when same is to be considered. This letter of notification should be sent via "Return Keceipt Kequested" certified mail and mailed approximately two (2) weeks prior to date of ineeting for Village Council consideration. III. Public Hearin� A. Department of Community Development shall request legal advertising by Village Attorney (once, at least two (2) weeks prior to Hearing or as the Village Attorney may direct for appropriate advertising). Hearing will usually be at a regular Council meeting. B. Village Attorney to prepare appropriate Kesolution for Village Council consideration. C. Applicant or authorized representative to appear at Public Hearing to briefly present application and answer questions. D. Village Council Review of proposed abandonment and Resolution. E. Village Council Action F. Necessary follow-up based on Council action,if required: 1. Village Attorney to advertise Resolution. 2. Village Attorney to record Resolution and any related documentation in Palm Beach County Public Records and provide recorded originals to the Village Clerk. Village Clerk will provide copy of same and memorandum of transmittal noting date of Council action to individuals and Departments who have reviewed the application and to the Applicant. . 3. Village Clerk wi11 provide a recorded copy of the Resolution of Abandonment to the County Engineer's Office, County Administrator's Office and others, as may be necessary, including utility companies as listed under Item I,C, 3 of this Policy. SDL/jeh