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Res 107-93 RESOLUTION NO. 107-93 A RESOLUTION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY PROVIDING FOR THE ANNEXATION OF ENCLAVES PURSUANT TO SECTION 171.046, FLORIDA STATUTES. WHEREAS, Section 163.01 Fla. Stat., (1991), known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and developments of local communities; WHEREAS, the Florida Interlocal Cooperation Act of 1969 permits public agencies as defined therein to enter into interlocal agreements with each other jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; WHEREAS, Section 18 of Chapter 93-206, Laws of Florida, created Section 171.046, Fla. Stat., which provides for the annexation of certain enclaves pursuant to interlocal agreements between a munici- pality and the county which has jurisdiction over such enclaves; WHEREAS, Section 171.046, Fla. Stat. ,limits annexation by such interlocal agreements to enclaves of ten (10) acres or less in size; WHEREAS, Section 171.031(13)(a) and (b), Fla. Stat., as amended by Chapter 93-206, Laws of Florida, defines enclaves as developed or improved property bounded on all sides by a single municipality, or bounded by a single municipality and by a natural or man-made obstacle that allows passage of vehicular traffic to that unincorporated area only through the municipality; WHEREAS, Palm Beach County and the City of Delray Beach have determined that it is appropriate and will promote efficient provision of governmental services for the City to annex certain enclaves; WHEREAS, the County and the City have determined that the parcels to be annexed pursuant to this interlocal agreement are improved property based upon the availability of water and sewer systems; the availability and access to public right-of-way; that the lots have previously been cleared; and that the lots have been subdivided as shown on recorded or unrecorded plats; WHEREAS, it has been determined by the City that the parcels to be annexed via this interlocal agreement meet the requirements set out in Section 171.031(13)(a) and (b), Fla. Stat. and 171.046, as such enclaves are developed or improved, are less than ten (10) acres and size, and are completely surrounded by the City or are surrounded by the City and a natural or man-made obstacle that allows passage of vehicular traffic to the enclaves only through the City; and WHEREAS, the enclaves identified herein are within the City's future annexation area as set forth in the adopted Comprehensive Plan for the City of Delray Beach. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA THAT: Section 1. The Mayor is hereby authorized and directed to execute an interlocal agreement (attached hereto and incorporated herein as Exhibit "A") with Palm Beach County on behalf of the City of Delray · Beach. Section 2. Upon execution of the interlocal agreement, the City Clerk is hereby directed and authorized to transmit sufficient copies of same to the appropriate offices of Palm Beach County for Palm Beach County's consideration of execution of the Intergovernmental Agreement and thereafter the execution thereof. Section 3. This Resolution shall take~l~fect ,upon adoption. ATTEST: 2 Res. No. 107-93 R94 415 0 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR ANNEXATION OF ENCLAVES THIS AMENDMENT TO THE INTERLOCAL AGREEMENT dated March 22, 1994, is made and entered into this=- ~ .~ of April, 1994, between the CITY OF DELRAY BEACH, a municipality located in Palm Beach County, Florida, hereinafter referred to as "CITY" and PALM BEACH COUNTY, hereinafter referred to as "COUNTY", each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WHEREAS, at its meeting of January 11, 1994, the City Commission of the City of Delray Beach approved the Interlocal Agreement Providing for the Annexation of Enclaves within the municipal limits of the City of Delray Beach; WHEREAS, at its meeting of March 22, 1994, the County Commission for Palm Beach County approved the Interlocal Agreement Providing for the Annexation of Enclaves within the municipal limits of the City of Delray Beach; WHEREAS, Section 171.046, Fla. Stat., provides for annexa- tion of certain enclaves by entering into an Interlocal Agree- ment between the Municipality and the County having Juris- diction over such enclaves; and WHEREAS, Section 171.046, Fla. Stat., limits annexation by Interlocal Agreement to enclaves of ten (10) acres or less in size; and WHEREAS, Section 171.031(13)(a) and (b), Fla. Stat., as amended by Chapter 93-206, Laws of Florida, defines enclaves as developed or improved property bounded on all sides by a single municipality, or bounded by a single municipality and by a natural or manmade obstacle that allows passage of vehicular traffic to that unincorporated area only through the municipality; and WHEII~A~, the County and the City have determined that it is appropriate and will promote efficient provision of govern- mental services for the City to annex certain enclaves; and WHEREAS, the County and the City desire to amend the Interlocal Agreement to include an additional enclave as defined in Section 171.031(13)(a) and (b); WHEREAS, the County and the City have determined that the parcel to be annexed pursuant to this Amendment is an improved property based upon the availability of water and sewer systems and the availability.and access to a public right-of-way; and WHEREAS, it has been determined by the City and by the County that the parcel to be annexed by this Amendment meets the requirements set out in Section 171.031913)(a) and (b) and 171.046, Fla. Stat., as the parcel is developed, is less than ten (10) acres in size, and is surrounded by the City and a natural or manmade obstacle that allows passage of vehicular traffic to the enclaves only through the City; and WHEREAS, the enclave identified for annexation in this Amendment is in the City's future annexation areas set forth in the adopted Comprehensive Plan of the City of Delray Beach; and WHEREAS, the County and the City agree that the parcel to be annexed via this Amendment to the Interlocal Agreement is subject to the Land Use Atlas of the Palm Beach County Compre- hensive Plan and County zoning and subdivision regulations until the City adopts a comprehensive plan amendment to formally include the parcel in its adopted Comprehensive Plan and to formally affix a zoning designation thereto. NOW, THEREFORE, in consideration of the mutual represen- tations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: Section 1. Purpose The purpose of this Amendment is to allow annexation by the City of an additional unincorporated enclave which is identified in Exhibit A which is attached hereto and made a part hereof. Section 2. Incorporation of Interlocal Agreement Ail provisions contained In the Interlocal Agreement dated March 22, 1994, entered into between the parties remain in full force and effect. Section 3. Annexation The unincorporated enclave identified in Exhibit "A", which is attached hereto and made a part hereof, is hereby annexed ~nto and is included in the corporate boundaries of the City of Delray Beach. Section 4. Effective Date This Agreement shall take effect upon execution by both parties. Section 5. Fllinq 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. 2 The captions and section des~na~ons ~e~e~n se~ ~o~ a~e ~o~ convenience only and sha~ ~ave no substantive mean~nq. Thomas Approved as to 3 EXHIBIT "A" PROPERTY DESCRIPTION: South 403.25 feet of the easterly 497.35 feet of the west one-half (W 1/2) of the southwest one-quarter (SW 1/4) of southeast one-quarter (SE 1/4) and that part of the south 403.40 feet of the southeast one-quarter (SE 1/4) of the southwest one-quarter (SW 1/4) being the northerly 128.66 feet of southerly 272.66 feet lying east of State Road 5 as in OR 2311, Page 701. TOGETHER WITH That part of westerly 155.89 feet of south 403.4 feet of west one-half (W 1/2) of southwest one-quarter (SW 1/4) of southeast one-quarter (SE 1/4) and east 44.11 feet of northerly 171.24 feet of south 403.4 feet of southeast one-quarter (SE 1/4) of southwest one-quarter (SW 1/4) lying east of State Road 5. TOGETHER WITH That part of westerly 166.40 feet of south 403.4 feet of west one-half (W 1/2) of southwest one-quarter (SW 1/4) of southeast one-quarter (SE 1/4) and easterly 131.42 feet of southerly 144 feet of southeast one-quarter (SE 1/4) of southwest one-quarter (SW 1/4) lying east of State Road 5. [ ] conaen~ [X] Re~l~ [ ] Ordinance [ ] ~lic wearing Dep~Uent O~Atted ~, YXanAna. Sonina and BuiXdAna / ~Xa~ln~ f~itted Yorz A. Motion and TitXe~ start reconends motion to ~e~te, an Znterlocal Agreement between Palm Beach County and ~e Cit~ of ~elray Beach p~ov~in~ for annexation of eiqht enclaves. B. Smsa: Chapter 171.046, F.S., allows annexation of enclaves of ten acres or less of developed land if the municipality (the City of DelraM Beach) and the Comfy having jurisdiction over such enclaves enter into an Xnterlocal Aqreemen~. This Znterlocal Agreement addresses the se~ice provision needs the residents, meets ~he retirements of Florida Statutes for annexation, and is consistent with the County and municipal Comprehensive Plans. D~strict 4. C. Backgro~d and ~ustification: The City of ~lray Beach has identified eight enclaves ~hat are eligible for a~exa=ion with an Interlocal Agreement. These eigh~ enclaves crea~e se~ice delivery problems for ~=h ~he County and ~e City. The City Is reques~ing County assis=ance in annexing =hess enclaves. The City has ~i~=en ~he o~ers of ~hese enclaves to info~ ~hem of this proposed annexation. The Florida ~gisla~ure, by amending Chapter 171, Florida S~a~u~es, has created a means for ~he City ~o a~ex ~hese enclaves. ~ap~er 171, which pe~ains to municipal annex- ations, allows a nunicipali~y ~o annex enclaves of ~en acres or less of develop~ land if ~he munici~lity enters ~n~o an Xn~erlocal A~eenen~ wi~h ~e County. ~e Pah bach County Planning Division supports ~ese annex- arise. Objective 1 of ~e Palm Beach County Comprehensive Plan, Intergover~en~al Ellen,, enco~ages ~e a~exa~ion of enclaves U~at result In lnefficien~ se~ice delive~~. The a~ach~ Interl~al A~eemen~ implenen~s ~he remitments of Florida Statu~es and ia consis~en~ wi~h ~he Palm ha~ County Comprehensive Plan. A ~ion of ~clave No. 8, kno~ as the Delray ~ap Shop properties, is pro, sad ~o ~ a~ex~ on a volun~a~ ~sis and is no~ pa~ of ~is Interl~al Agre~en~. ~e annexa~ion of ~ese enclaves As ~lng op~sed bM some la~o~ers. Bo~ ~itten and oral conunica~ions have ~en received by ~e Pla~inq Division r~ardinq ~heir concerns ~a~ the change in Jurisdiction would adversely impac~ ~heir ability ~o conduct business. Planning staff has res~nded ~elr ~estions. However since ~s~ issues cen~er aro~d ~he perception tha~ ~lray's r~ula~ions are ~re s~ri~en~, concerns are ~st ad~ess~ bM ~lray. ~e Ci~y held a Bee~i~ on ~oday, Janua~ 13, 1994 a~ 2:00 p.a. to discuss ~ese annexa~iona and answer ~es~ions. D. at~c~ento~ 1. Int~local Agreement wi~ Map of ~claves 2. l~I~ed ~z =I~ ~Dar~e~ D~e~or ; ~I 35 0 A. Five Year Summary of Fiscal Impact: Fiscal Years 1993 1994 1995 1996 Capital Expendituree Operating Costs Operating Revenues Is Item Included In Current Budget Yes No Budget Account No: Fund Agency erg. Object Reporting Category.__ B. Recommended Sources of Funds/Summary of Fiscal Impact Depar~ent Director £1T¥ JIF I]ELI:II:I¥ BEI:I[H 1993 CERTIFICATION I, BARBARA GARITO, Acting City Clerk of the City of Delray Beach, Florida, do hereby certify that the attached is a true and correct copy of Resolution No. 107-93 as the same was passed and adopted by the City Commission of the City of Delray Beach, Florida, in regular session on the llth day of January 1994. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 24th day of January, 1994. · '~ -'~ Acting City Clerk " City of Delray Beach, Florida R94 3540 -"- T~- E==*~T A:_'.'.':"s M ATTE=$ RESOLUTION NO. 107-93 A RESOLUTION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY PROVIDING FOR THE ANNEXATION OF ENCLAVES PURSUANT TO SECTION 171.046, FLORIDA STATUTES. WHEREAS, Section 163.01 Fla. Stat., (1991)~ known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and developments of local communities~ WHEREAS, the Florida Interlocal Cooperation Act of 1969 permits public agencies as defined therein to enter into interlocal agreements with each other Jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; WHEREAS, Section 18 of Chapter 93-206, Laws of Florida, created Section 171.046, Fla. Stat., which provides for the annexation of certain enclaves pursuant to interlocal agreements between a munici- pality and the county which has jurisdiction over such enclaves; WHEREAS, Section 171.046, Fla. Stat. ,limits annexation by such interlocal agreements to enclaves of ten (10) acres or less in size; WHEREAS, Section 171.031(13)(a) and (b), Fla. Stat., as amended by Chapter 93-206, Laws of Florida, defines enclaves as developed or improved property bounded on all sides by a'single municipality, or bounded by a single municipality and by a natural or man-made obstacle that allows passage of vehicular traffic to that unincorporated area only through the municipality; WHEREAS, Palm Beach County and the City of Delray Beach have determined that it is appropriate and will promote efficient provision of governmental services for the City to annex certain enclaves; WHEREAS, the County and the City have determined that the parcels to be annexed pursuant to this lnterlocal agreement are improved property based upon the availability of water and sewer systems; the availability and access to public right-of-way; that the lots have previously been cleared; and that the lots have been subdivided as shown on recorded or unrecorded plats; WHEREAS, it has been determined by the City that the parcels to be annexed via this lnterlocal agreement meet the requirements set out in Section 171.031(13)(a) and (b), Fla. Stat. and 171.046, as such enclaves are developed or improved, are less than ten (10) acres and size, and are completely surrounded by the City or are surrounded by the City and a natural or man-made obstacle that allows passage of vehicular traffic to the enclaves only through the City; and WHEREAS, the enclaves identified herein are within the City's future annexation area as set forth in the adopted Comprehensive Plan for the City of Delray Beach. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA THAT: Section 1. The Mayor is hereby authorized and directed to'execute an interlocal agreement (attached hereto and incorporated herein as Exhibit "A") with Palm Beach County on behalf of the City of Delray Beach. Section 2. Upon execution of the interlocal agreement, the City Clerk is hereby directed and authorized to transmit sufficient copies of same to the appropriate offices of Palm Beach County for Palm Beach County's consideration of execution of the Intergovernmental Agreement and thereafter the execution thereof. Section 3. This Resolution shall take~fect upon adoption. ATTEST: 540 2 Res. No. 107-93 NORTH FEDERAL HIGHWAY ANNEXATIONS LEGAL DESCRIPTIONS Parcel 1: Lots I and lA, Delray Beach Estates, as recorded in Plat Book 21, Page 13 of the Palm Beach County Records. Parcel 2: The easterly 134.55 feet of lot 5, Delray Beach Estates, as recorded in Plat Book 21, Page 13 of the Palm Beach County Records. Lot 5, less the easterly 134.55 feet thereof, Delray Beach Estates, as recorded in Plat Book 21, Page 13 of the Palm Beach County Records. Parcel 3: Lot 13, Delray Beach Estates, as recorded In Plat Book 21, Page 13 of the Palm Beach County Records. Parcel 4: The northerly 20.25 feet of the westerly 186 feet of lot 14 together with lots 15, 16 and 17, Delray Beach Estates, as recorded in Plat Book 21, Page 13 of the Palm Beach County Records. Parcel 5: Lots 30, 31 and 32, Delray Beach Estates, as recorded in Plat Book 21, Page 13 of the Palm Beach County Records. Parcel 6: Lots 37 and 38, Delray Beach Estates, as recorded in · Plat Book 21, Page 13 of the Palm Beach County Records. Parcel 7: Lot 40, Delray Beach Estates, as recorded in Plat Book 21, Page 13 of the Palm Beach County Records. Parcel 8: The northerly 100 feet of the southerly 503.4 feet of the west one half (W1/2) of the southwest one quarter (SW 1/4) of the southeast one quarter (SE 1/4) of Section 4, Township 46 South, Range 43 East lying easterly of Federal Highway (U.S. 1). T:\advanced\ANNEXl.DOC R94 54o N ANNE~TION AR~S , ~ 354B I N. FEDERAL UNINCORPORATED ENCLAVES PROPOSED FOR ANNEXATION ~ ~*'~ ~ 28 rNCLAVrS 1'O ~C ,,U~NF,.X£D. ® ! ENCLAVES TO lC ANNEXE0 I'f' AGREEMENT. 6 __j~.l .HOT MEETING TH[ D[FIHITION OF 'ENCLAVE'. R94 D I ]q'TERLOCAL AOREEMENT Interlocal Agreement between PALM BEACH COUNTY, a political subdivision of the State of Florida and the CITY OF DELRAY BEACH providing for annexation of enclaves pursuant to Section 171.046, Fla. Stat.. ma e ~9% , 199% between the CITY OF DELRAY BEACH, a municipality located in Palm Beach County, Florida, hereinafter referred to as "CITY" and PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WHEREAS, Section 163.01, Florida Statutes (1991), known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis · of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, The Florida Interlocal Cooperation Act of 1969 permits public agencies as defined therein to enter into Interlocal Agreements with each other to jointly exercise any 'power, privilege, or authority which such agencies 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, Fla. Stat., providing for annexation of certain enclaves by entering into an Interlocal Agreement between the Municipality and the County having jurisdiction over such enclave; and WHEREAS, Section 171.046, Fla. Stat., limits annexation by Interlocal Agreement to enclaves of ten (10) acres or less in size; and WHEREAS, Section 171.031(13)(a) and (b), Fla. Stat., as amended by Chapter 93-206, Laws of Florida, defines enclaves as developed or improved property bounded on all sides by a single municipality, or bounded by a single municipality and by a natural or manmade obstacle that allows passage of vehicular traffic to that unincorporated area only through the municipality; and WHEREAS, the County and the City have determined that it is appropriate and will promote efficient provision of governmental services for the City to annex certain enclaves; and 35 0 WHEREAS, the County and the City have determined that the parcels to be annexed pursuant to this Interlocal Agreement are improved properties based upon the availability of water and sewer systems; the availability and access to a public right-of-way; that the lots have previously been cleared; and that the lots have been subdivided in recorded or unrecorded plats; and WHEREAS, it has been determined by the City and by the County that the parcels to be annexed via this Interlocal Agreement meet the requirements set out in Section 171.031(13)(a) and (b) and 171.046, Fla. Stat., as such enclaves are developed or are improved, are less than ten (10) acres in size and are completely surrounded by the city or are surrounded by the City and a natural or manmade obstacle that allows passage of vehicular traffic to the enclaves only through the City; and WHEREAS, the enclaves identified for annexation in this Interlocal Agreement are in the City's future annexation areas set forth in the adopted Comprehensive Plan of the City of Delray Beach; and WHEREAS, the County and the City agree that the parcels to be annexed via this Interlocal Agreement are subject to the Land Use Atlas of the Palm Beach County Comprehensive Plan and County zoning and subdivision regulations until the City adopts a comprehensive plan amendment to formally include said parcels in its adopted Comprehensive Plan and to formally affix a zoning designation thereto. NOW THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: Section 1. Purpose The purpose of this Agreement is to allow annexation by the City 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 forth in Section 171.031(13)(a) and (b), Fla. Stat. as adopted by the Legislature in Chapter 93-206, Section 15, Laws of Florida. "Act" means Part I of Chapter 163, Florida Statutes. "Agreement" means this Interlocal Agreement, including any amendments or supplements hereto, executed and delivered in accordance with the terms thereof. R94 54.0 Section 3. Annexation The unincorporated enclaves identified in Exhibit "A", which is attached hereto and made a part hereof, are hereby annexed into and are included in the corporate boundaries of the City of Delra¥ Beach. Section 4. Effective Date This Agreement shall take effect upon execution by both parties. Section 5. Fllinq 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. Section 6. Notif~cation The City hereby acknowledges that, it has/will prior to consideration of this Agreement by the Board of County Commissioners, provide written notice to all owners of real property located in the enclaves identified in Exhibit "A" whose names and addresses are known by reference to the latest published ad valorem tax records of the Palm County Property Appraiser. The written notice, shall describe the purpose of · the Interlocal Agreement and shall state the date, time and place of the meetings of the Board of County Commissioners of Palm Beach County where this Interlocal Agreement shall be considered for adoption. Section 7. Captions The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 9. Severablll%¥ In the event that any section, paragraph, sentence, clause, or provision hereof be held by a court of competent Jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 10. Entirety of Aqreement This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. CIT OF.J~qn~A~ BEACH., FLORIDA PALM BEACH COUNTY .. , " '" ~ .... "': CLERK ; ' ' ATTEST: ' ATTEST: ,.. ~ I~rd of Coun~ Com~on~rs " ' ' ~p~rovea ~s ~o ~o ~...c.~,,,, City Attorney CoUnty At~brne~ SJM/ Ina. DOC R94 ~54D -- 4 -- ENCLAVE NO. PROPERTY CONTROL % PROPERTY OWNER AND LEGAL DESCRIPTION 1 00-43-46-04-08-000-0010 Smith, R.I. & Darleen M. Delray Beach Estates 610 S.E. 2nd Avenue Lot 1 Pompano Beach, FL 33060 2 00-43-46-04-08-000-0050 Compagno, J. & Lucllle Delra¥ Beach Estates % Merkle Et. Al. Lot 5 110 E. Atlantic Avenue, #400 Delra¥ Beach, FL 33444 2 00-43-46-04-08-000-0051 Altmix, Don R. Delra¥ Beach Estates 2300 N. Old Dixie Highway Lot 5.1~ Delta¥ Beach, FL 33483 3 00-43-46-04-08-000-0130 Bland, V.C. & Christine Delra¥ Beach Estates 3 Harbour Drive N. Lot 13 Ocean Ridge, FL 33435 4 00-43-46-04-08-000-0142 Schwerin T.M. & Juliette M. Delra¥ Beach Estates 2612 N. Federal Highway Lot 14.2 Delta¥ Beach, FL 33483 4 00-43-46-04-08-000-0160 Schwerin, Thomas M. Delra¥ Beach Estates 2612 N. Federal Highway Lot 16 Delta¥ Beach, FL 33483 5 00-43-46-04-08-000-0300 Catapane, Richard C & Dorothy M Delra¥ Beach Estates 2433 Timber Creek Circle Lot 30 Boca Raton, FL 33431 5 00-43-46-04-08-000-0310 Panagos, Richard E. Delra¥ Beach Estates 2605 N. Federal Highway Lot 31 Delra¥ Beach, FL 33483 5 00-43-46-04-08-000-0320 O'Brlen, Surer a O'Brien Inc. Delra¥ Beach Estates 2601 N. Federal Highway Lot 32 Delra¥ Beach, FL 33483 6 00-43-46-04-08-000-0370 Merchel, Mary F. Delra¥ Beach Estates 245 Lake Eden Way Lot 37 Delray Beach, FL 33444 6 00-43-46-04-08-000-0371 Bushle¥, Edgar J. Jr. Delra¥ Beach Estates 2401N. Federal Highway Lot 37.1 Delra¥ Beach, FL 33483 6 00-43-46-04-08-000-0380 Merchel, Mary F. Delra¥ Beach Estates 245 Lake Eden Way Lot 38 Delra¥ Beach, FL 33444 ENCLAVE NO. PROPERTY CONTROL $ PROPER?Y OWNER ~ LOCATION 7 00-43-46-04-08-000-0400 Solomon, Gerald J. Delra¥ Beach Estates 17096 Northwa¥ Court Lot 40 Boca Raton, FL 33496 8 00-43-46-04-00-000-5040 Cart, Cas¥ T. & Elaine M. North of the Flea Market 2740 S.W. llth Court Parcel 504 Boynton Beach, FL 33426 8 00-43-46-04-00-000-5041 Cart J.Y. & Marllyn B. North of the Flea Market 3654 S. Federal Highway Parcel 504.1 P.O. Box 524 Boynton Beach, FL 33425 pd/dbe.doc - 2 - TO: Mary McCart~ Dick Morley This letter is a follow up to our phone conversation last week. My husband Richard and I own property at 2613 N. Federal Hwy. and have been Florida residents since 1970. We are quite concerned with your plan of forced annexation of our property by the City of Delra¥ Beach. The property owners involved were never notified when the city planned to vote on this issue. The only party concerned with our plight seems to be the media. We sought out our property specifically because it was under county jurisdiction. We felt county regulations/ordinances/etc, were much more conducive to establishing a business by allowing more flexibility in usage to make the property productive. We had heard many complaints from city property owners of the hassles and costs involved in dealing with city authorities and wanted no part of that. Our property was purchased last spring and we are trying to establish a small business to bring customers back to this area. We can not absorb the added costs annexation would create. The property owners involved are very upset that county officials never chose to discuss with us the impact this transfer would have on us and how it would adversely affect us. We feel as though we have been "abandoned." The annexation was previously defeated through referendum and again through the "Enclave Act" granting an exemption. It is so unjust to disregard us. The county seems to be under the erroneous assumption that the city will grant us status quo.. Owners who have spoken with city officials have been granted nothing. Palm Beach County officials need to more fully assess the impact on affected property, and see that our best interests are also represented. It is unreasonable to expect us to step aside and be used as pawns! You are our Representation and we look to you for "protection" and "fair treatment." Please address our concerns. Sincerely, Dorothy Catapane (407) 4-83-7078 (407) 278-34q,t cc: Karen Marcus Carol Rob~m Wm-nm Ne~eli Burr A~zonson Ca~ H~, S~ R~~ ~- Palm Beach County Commission March 22, 1994 You have granted us a one week extension from 3/15 to 3/22/94 so that Delray Beach officials could address the concerns of affected property owners. We do appreciate that extension. The dty has been trying to deal with all of the issues and costs, but the fact remains that there will still be significant costs involved which many of us just cannot afford. We feel we should decide if and when to annex and not be fordbly annexed. In fact, over half of these county properties in question do not meet the definition of an "enclave." The city is pursuing this under the new Elm's Act Law allowing cities that totally surround an enclave to claim it with the approval of the county. The property owner has no say whatsoever! The properties in question are cost effective. As you know the Elm's Act is receiving much criticism for being discriminating and unconstitutional. Citizens have become infuriated over its power to take away our rights. State legislatures are now trying to undo the tremendous mistake made when they approved the Elm's Act. Presently there are several pending bills (SB #484, #1526) coming up for vote that will restore the rights of property owners. You are all very well aware that in a matter of days the Elm's Law may not stand as now written. So why must you force a vote on this today? Two weeks ago, Palm Beach County Commissioners allowed citizens to be devoured by the City of Greenacres. Jupiter, on the other hand, decided to postpone indefinitely its annexation proceedings. Now you hold the fate of still more County Enclaves in your hands. The wise choice would be to proceed with caution now and not allow any more confiscation by cities until the state decides what the outcome of the Elm's Act amendments will be. How could you in "good conscience" vote to allow any more injustices to occur? Please stop this plunder immediately by voting for an indefinite postponement until pending legislation is finalized and scrutinized. Many of the people you represent in the county do no.t approve of forced annexation. They feel and fear for their neigh.bors whose way of life, livelihood, and financial security is put in jeopardy. I'm sure you all swore to uphold the Constitution. How can you now take away our rights to liberty, pursuits of happiness, and votes on an issue that directly and adversely affects us? Think about it. That's just what you will be doing if you give final approval today. The only fair and right derision today is to vote NO. I. DOROTHY :'~. WILK.C:.i',I, ex-::,ff~:;~c C~,.':.-;k o,' ~e Board 9! Court~/Ccmm,~aic:',e:'s ~: -:¢.'t.':~, ItU8 ' nd - -, ~, "' ,',"'" ' Of cn .. 3 - ,p..;;;z - 9¢ DATED al: W :',:.: ¢';:t;,"* Beach, ~L on Eh];.~.~,.~~,~.BOROTHY ,'"~ ',: ~i..;-"¢%,' C',o"k ' ' D.C. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~/l SUBJECT: AGENDA ITEM # ~ - MEETING OF JANUARY 11. 1994 RESOLUTION NO. 107-93/INTERLOCAL AGREEMENT WITH PALM BEAQ~ COUNTY REGARDING ANNEXATION OF CERTAIN ENCLAVES DATE: JANUARY 7, 1994 At the December 14, 1993 regular meeting, the Mayor suggested that this item be continued as negotiations with the property owner were still in process. The proposal currently before the City Commission is similar to that which was previously prepared; however, it DOES NOT include the Delray Swap Shop properties (#505, 506, & 507 as shown on the Exhibit). The Swap Shop properties are proposed to be annexed on a voluntary basis through the formal ordinance adoption process along with an annexation agreement. If such an agreement cannot be reached, a separate (later) action could be pursued to annex that property under the ELMS-III legislative authority. This resolution authorizes the execution of an Interlocal Agreement with Palm Beach County to provide for the annexation of Enclaves pursuant to Section 171.046, Florida Statutes. Given legislative changes, we are able to proceed with the annexation of eight (8) separate enclaves consisting of eighteen (18) parcels in thirteen (13) different ownerships. The attached information shows all of our annexation areas and identifies those which are eligible for annexation under the ELMS-III legislation. All of these parcels are located along North Federal Highway. Please note that three very small parcels remain in the County's jurisdiction since there is no Delray Beach boundary to their north. Also attached is the draft Intergovernmental Agreement. A similar Agreement has been entered into by the County and the Town of Jupiter with the BOCC action occurring on November 16. Riviera Beach has a similar agreement pending BOCC consideration. Upon approval of the Intergovernmental Agreement by the County, it will be necessary to process individual small scale amendments to the Comprehensive Plan and to affix zoning (GC) to the individual parcels. Recommend approval of Resolution No. 107-93, authorizing the execution of an Interlocal Agreement with Palm Beach County, and authorizing the Mayor to approve minor modifications to the Agreement as may be required by the Board of County Commissioners. RESOLUTION NO. 107-93 A RESOLUTION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY PROVIDING FOR THE ANNEXATION OF ENCLAVES PURSUANT TO SECTION 171.046, FLORIDA STATUTES. WHEREAS, Section 163.01 Fla. Stat., (1991), known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and developments of local communities; WHEREAS, the Florida Interlocal Cooperation Act of 1969 permits public agencies as defined therein to enter into interlocal agreements with each other jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; WHEREAS, Section 18 of Chapter 93-206, Laws of Florida, created Section 171.046, Fla. Stat., which provides for the annexation of certain enclaves pursuant to interlocal agreements between a munici- pality and the county which has jurisdiction over such enclaves; WHEREAS, Section 171.046, Fla. Stat. ,limits annexation by such interlocal agreements to enclaves of ten (10) acres or less in size; WHEREAS, Section 171.031(13)(a) and (b), Fla. Stat., as amended by Chapter 93-206, Laws of Florida, defines enclaves as developed or improved property bounded on all sides by a single municipality, or bounded by a single municipality and by a natural or man-made obstacle that allows passage of vehicular traffic to that unincorporated area only through the municipality; WHEREAS, Palm Beach County and the City of Delray Beach have determined that it is appropriate and will promote efficient provision of governmental services for the City to annex certain enclaves; WHEREAS, the County and the City have determined that the parcels to be annexed pursuant to this interlocal agreement are improved property based upon the availability of water and sewer systems; the availability and access to public right-of-way; that the lots have previously been cleared; and that the lots have been subdivided as shown on recorded or unrecorded plats; WHEREAS,. it has been determined by the City that the parcels to be annexed via this interlocal agreement meet the requirements set out in Section 171..031(13)(a) and (b), Fla. Stat. and 171.046, as such enclaves are developed or improved, are less than ten (10) acres and size, and are completely surrounded by the City or are surrounded by the City and a natural or man-made obstacle that all6ws passage of vehicular traffic to the enclaves only through the City; and WHEREAS, the enclaves identified herein are within the City's future annexation area as set forth in the adopted Comprehensive Plan for the City of Delray Beach. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA THAT: Section 1. The Mayor is hereby authorized and directed to execute an interlocal agreement (attached hereto and incorporated herein as Exhibit "A") with Palm Beach County on behalf of the City of Delray Beach. Section 2. Upon execution of the interlocal agreement, the City Clerk is hereby directed and authorized to transmit sufficient copies of same to the appropriate offices of Palm Beach County for Palm Beach County's consideration of execution of the Intergovernmental Agreement and thereafter the execution thereof. Section 3. This Resolution shall ~fect . take~1 upon adoption ATTEST: ~ity-Clerk 2 Res. No. 107-93 INTERLOCAL AGREEMENT Interlocal Agreement between PALM BEACH COUNTY, a political subdivision of the State of Florida and the CITY OF DELRAY BEACH providing for annexation of enclaves pursuant to Section 171.046, Fla. Stat.. THIS' INTERLOCAL AGREEMENT is made this day of , 199~ between the CITY OF DELRAY BEACH, a municipality located in Palm Beach County, Florida, hereinafter referred to as "CITY" and PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WHEREAS, Section 163.01, Florida Statutes (1991), known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, The Florida Interlocal Cooperation Act of 1969 permits public agencies as defined therein to enter into Interlocal Agreements with each other to jointly exercise any power, privilege, or authority which such agencies 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, Fla. Stat., providing for annexation of certain enclaves by entering into an Interlocal Agreement between the Municipality and the County having jurisdiction over such enclave; and WHEREAS, Section 171.046, Fla. Stat., limits annexation by Interlocal Agreement to enclaves of ten (10) acres or less in size; and WHE~AS, Section 171.031(13)(a) and (b), Fla. Stat., as amended by Chapter 93-206, Laws of Florida, defines enclaves as developed or improved property bounded on all sides by a single municipality, or bounded by a single municipality and by a natural or manmade obstacle that allows passage of vehicular traffic to that unincorporated area only through the municipality; and WHEREAS, the County and the City have determined that it is appropriate and will promote efficient provision of governmental services for the City to annex certain enclaves; and WHEREAS, the County and the City have determined that the parcels to be annexed pursuant to this Interlocal Agreement are improved properties based upon the availability of water and sewer systems; the availability and access to a public right-of-way; that'the lots have previously been cleared; and that the lots have been subdivided in recorded or unrecorded plats; and WHEREAS, it has been determined by the City and by the County that the parcels to be annexed via this Interlocal Agreement meet the requirements set out in Section 171.031(13)(a) and (b) and 171.046, Fla. Stat., as such enclaves are developed or are improved, are less than ten (10) acres in size and are completely surrounded by the city or are surrounded by the City and a natural or manmade obstacle that allows passage of vehicular traffic to the enclaves only through the City; and WHEREAS, the enclaves identified for annexation in this Interlocal Agreement are in the City's future annexation areas set forth in the adopted Comprehensive Plan of the City of Delray Beach; and WHEREAS, the County and the City agree that the parcels to be annexed via this Interlocal Agreement are subject to the Land Use Atlas of the Palm Beach County Comprehensive Plan and County zoning and subdivisio~ regulations until the City adopts a comprehensive plan amendment to formally include said parcels in its adopted Comprehensive Plan and to formally affix a zoning designation thereto. NOW THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: Section 1. ~urpo~e The purpose of this Agreement is to allow annexation by the City 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 forth in Section 171.031(13)(a) and (b), Fla. Stat. as adopted by the Legislature in Chapter 93-206, Section 15, Laws of Florida. "Act" means Part I of Chapter 163, Florida Statutes. "Agreement" means this Interlocal Agreement, including any amendments or supplements hereto, executed and delivered in accordance with the terms thereof. - 2 - Section 3. Annexation The unincorporated enclaves identified in Exhibit "A", which is attached'hereto and made a part hereof, are hereby annexed into and are included in the corporate boundaries of the City of Delray Beach. Section 4. Effective Date This Agreement shall take effect upon execution by both parties. Section 5. Filing 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. Section 6. Notification The City hereby acknowledges that, it has/will prior to consideration of this Agreement by the Board of County Commissioners, provide written notice to all owners of real property located in the enclaves identified in Exhibit "A" whose names and addresses are known by reference to the latest published ad valorem tax records of the Palm County Property Appraiser. The written notice, shall describe the purpose of the Interlocal Agreement and shall state the date, time and place of the meet'ings of the Board of County Commissioners of Palm Beach County where this Interlocal Agreement shall be considered for adoption. Section 7. Captions The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 9. Severabllit¥ In the event that any section, paragraph, sentence, clause, or provision hereof be held by a court of competent Jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 10. Entirety of Aqreement This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. - 3 - CITY OF~F.~Y BEACH, FLORIDA PALM BEACH COUNTY ATTEST: ATTEST: City Clerk ~a~~m: Approved as to Fomm: ~u~_~City AttoFn~y County Attorney DSK/ILA.DOC - 4 - CITY COMM I S S I ON DOCUMENTATION TO: //--~ID T. HARDEN, CITY MANAGER / \ FROM: q~;~VID J. KOVACS, A.I.C.P. DIRECTOR OF PLANNING SUBJECT: MEETING OF JANUARY 11, 1994 INTERGOVERNMENTAL AGREEMENT WITH PALM BEACH COUNTY RE ANNEXATION OF CERTAIN ENCLAVES ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of an Interlocal Agreement through which certain enclaves along North Federal Highway will be annexed into the City of Delray Beach. Action by the Board of County Commissioners is also required to consummate this item. BAC KG ROUND: This item was first scheduled before the Commission on November 23, 1993, but was deferred in order that discussions could be held with the owner of the Delray Swap Shop property. Those discussions have progressed to the point where it is expected that a proposed Annexation Agreement (for that property) will be before the City Commission at its meeting of January 25th. Please refer to the Documentation of November 23, 1993, for information about the legislative authority for these annexations, the definition of "enclave", the chart showing eligible properties and their land use & zoning, and subsequent actions which will be required. CHANGES TO PREVIOUS PROPOSAL The proposal currently before the City Commission is similar to that which was previously prepared; however, it DOES NOT include the Delray Swap Shop properties (#505, 506, & 507 as shown on the Exhibit). The Swap Shop properties are proposed to be annexed on a voluntary basis through the formal ordinance adoption process along with an annexation agreement. If such an agreement cannot be reached, a separate (later) action could be pursued to annex that property under the ELMS-III legislative authority. City Commission Documentation Intergovernmental Agreement with Palm Beach County re Annexation of certain Enclaves Page 2 R E C O M M E N D E D A C T I O N: The Administration recommends proceeding with the ELMS-III, Enclave Annexation of the balance of the eligible enclaves in order to have a timely resolution of the subject. There will be a significant period of time prior to consideration of the City's request by the Board of County Commissioners; thus, it is desired to proceed with the Intergovernmental Agreement at this time. By Resolution (attached) approve the Intergovernmental Agreement with additional direction that the Mayor may entertain and approve minor modifications to the Agreement as may be requested, or required, by the Board of County Commissioners. Attachments: * Location Map and listing of properties to be annexed * Approving Resolution * Intergovernmental Agreement Attachment: * P&Z Staff Report & Documentation of DJK\CCELMAX i ii N, FEl)ERAL UNINCORPORATEI) ENCLAVES PROPOSEI) FOR ANNEXATION 24 LEGEND ENCLAVES TO BE ANNEXED. Q 14.1 ENCLAVES TO BE ANNEXED BY' AGREEMENT, 10 33 9.1 34 Q 35.1 UNICORPORATED COUNTY, § 56 NOT MEETING THE DEFINITION OF "ENCLAVE'". 4 CITY OF ~ BOYNTON BEACH. 2 708 - LDT NUN]DER 502 505 ~ - ADDRESS NUMBER 708 N 707 ,~ 500 FEET - SCALE - 706 R CITY DF I)ELRAY BEAC~ FLDRIDA PLANNING DEPARTHENT JAN - 94 DJN ENCLAVE NO. PROPERTY CONTROL # PROPERTY OWNER AND LEGAL DESCRIPTION I 00-43-46-04-08-000-0010 Smith, R.I. & Darleen M. Delray Beach Estates 610 S.E. 2nd Avenue Lot i Pompano Beach, FL 33060 2 00-43-46-04-08-000-0050 Compagno, J. & Lucille Delray Beach Estates % Merkle Et. Al. Lot 5 110 E. Atlantic Avenue, %400 Delray Beach, FL 33444 2 00-43-46-04-08-000-0051 Altmix, Don R. Delray Beach Estates 2300 N. Old Dixie Highway Lot 5.1 Delray Beach, FL 33483 3 00-43-46-04-08-000-0130 Bland, V.C. & Christine Delray Beach Estates 3 Harbour Drive N. Lot 13 Ocean Ridge, FL 33435 4 00-43-46-04-08-000-0142 Schwerin T.M. & Juliette M. Delray Beach Estates 2612 N. Federal Highway Lot 14.2 Delray Beach, FL 33483 4 00-43-46-04-08-000-0160 Schwerin, Thomas M. Delray Beach Estates 2612 N. Federal Highway Lot 16 Delray Beach, FL 33483 5 00-43-46-04-08-000-0300 Catapane, Richard C & Dorothy M Delray Beach Estates 2433 Timber Creek Circle Lot 30 Boca Raton, FL 33431 5 00-43-46-04-08-000-0310 Panagos, Richard E. Delray Beach Estates 2605 N. Federal Highway Lot 31 Delray Beach, FL 33483 5 00-43-46-04-08-000-0320 O'Brien, Suter & O'Brien Inc. Delray Beach Estates 2601 N. Federal Highway Lot 32 Delray Beach, FL 33483 6 00-43-46-04-08-000-0370 Merchel, Mary F. Delray Beach Estates 245 Lake Eden Way Lot 37 Delray Beach, FL 33444 6 00-43-46-04-08-000-0371 Bushley, Edgar J. Jr. Delray Beach Estates 2401 N. Federal Highway Lot 37.1 Delray Beach, FL 33483 6 00-43-46-04-08-000-0380 Merchel, Mary F. Delray Beach Estates 245 Lake Eden Way Lot 38 Delray Beach, FL 33444 ENCLAVE NO. PROPERTY CONTROL # PROPERTY OWNER AND LOCATION 7 00-43-46-04-08-000-0400 Solomon, Gerald J. Delray Beach Estates 17096 Northway Court Lot 40 Boca Raton, FL 33496 8 00-43-46-04-00-000-5040 Carr, Casy T. & Elaine M. North of the Flea Market 2740 S.W. llth Court Parcel 504 Boynton Beach, FL 33426 8 00-43-46-04-00-000-5041 Carr J.Y. & Marilyn B. North of the Flea Market 3654 S. Federal Highway Parcel 504.1 P.O. Box 524 Boynton Beach, FL 33425 pd/dbe.doc - 2 - CITY COMMISSION DOCUMENTATION TO: //~DT. HARDEN, CITY MANAGER DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF NOVEMBER 23, 1993 ANNEXATION OF SMALL ENCLAVES~ NORTH FEDERAL HIGHWAY ACTION REQUESTED OF THE COMMISSION: The action requested of the. City Commission is that of aDDroval of an Interlocal Agreement through which certain enclaves along North Federal Highway will be annexed into the City of Delray Beach. The Board of County Commissioner's action is also required in order to consummate this item. BACKGROUND: The City of Deltay Beach has established an annexation program in its Comprehensive Plan. As much of the annexation that could be effectively implemented under the previous annexation law (i.e, prior to the ELMS-III legislation) has been accomplished. With the passage of the ELMS-III legislation in the last session of the State Legislature, the opportunity to annex enclaves of 10 acres or less in size through an Intergovernmental Agreement with the County was provided. Specifically the codified language is as follows: Section 171.046, Florida Statuel: Annexation of Enclaves (1) The Legislature recognizes that enclaves can create significant problems in planning, growth management, and service delivery, and therefore declares that it is the policy of the State to eliminate enclaves. (2) In order to expedite the annexation of enclaves of 10 acres or less into the most appropriate incorporated Jurisdiction, based upon existing or proposed service provision arrangements, a municipality may: (a) Annex an enclave by an lnterlocal agreement with the County having Jurisdiction of the enclave; or City Commission Documentation Annexation of Small Enclaves, North Federal Highway Page 2 (b) Annex an enclave with fewer than 25 registered voters by municipal ordinance, when the annexation is approved in a referendum by at least 60 percent of the registered voters who reside in the enclave. (3) This section does not apply to undeveloped or unimproved real property. Also, a definition of "enclave" is provided in the new statute, as follows: Section 171.031(13) "Enclave" means: (a) Any unincorporated improved or developed area that is enclosed within and bounded on all sides by a single municipality~ or, (b) Any unincorporated improved or developed area that is enclosed within and bounded by a single municipality, and a natural or manmade obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality. Given the above legislative changes, we are able to proceed with the annexation of eight (8) separate enclaves consisting of 18 parcels in thirteen (13) different ownerships. The attached information shows all of our annexation areas and identifies those which are eligible for annexation under the ELMS-III legislation. Ail of these parcels are located along North Federal Highway. Please note that three very small parcels remain in the County's Jurisdiction since there is no 'Delray Beach boundary to their north. Also attached is the approving Resolution and the Intergovernmental Agreement. A similar Intergovernmental Agreement has been enter into by the County and the Town of Jupiter with the BOCC action occurring on November 16th. Rivera Beach has a similar agreement pending BOCC consideration. Next Steps: Upon approval of the Intergovernmental Agreement by the County, it will be necessary to process individual small scale amendments to the Comprehensive Plan and to affix zoning (GC) to the individual parcels. These actions will require public notice, specific notice to property owners, public hearing.before the Planning and Zoning Board, and enactment, by Ordinance, of the City Commission. City Commission Documentation Annexation of Small Enclaves, North Federal Highway Page 3 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board has not formally reviewed this specific action, nor is a formal review required since proceeding is clearly consistent with and furthers the Comprehensive Plan. The Board, though, has reviewed this specific program in its review and endorsement of the City's Population Tracking System Report (June, 1993). RECOMMENDED ACTION: By Resolution, approve the Intergovernmental Agreement with additional direction that the Mayor may entertain and approve minor modifications to the Agreement as may be requested, or required, by the Board of County Commissioners. Attachments: * Location map and listing of eligible properties * Approving Resolution (by others) * Intergovernmental Agreement (by others) DJK\CCENCL ENCLAVES1-8 " k~ ~~ 4. 14.1 10 33 ' 34, 35.1 8 3~ 3g ~* 4 ~ 2 707 ~ Se -- N. FEDERAL UNINCORPORATED COUNTY POCKETS -- 70~ - LOT NUMBER ~· ADDRESS NUMBER ~ - COUNTY POCKET ENCLAVE NO. PROPERTY CONTROL % PROPERTY OWNER AND LEGAL DESCRIPTION i 00-43-46-04-08-000-0010 Smith, R.I. & Darleen M. Delray Beach Estates 610 S.E. 2nd Avenue Lot 1 Pompano Beach, FL 33060 2 00-43-46-04-08-000-0050 Compagno, J. & Luctlle Delray Beach Estates % Merkle Et. Al. Lot 5 1i0 E. Atlantic Avenue, #400 Delray Beach, FL 33444 2 00-43-46-04-08-000-0051 Altmix, Don R. Delray Beach Estates 2300 N. Old Dixie Highway Lot 5.1 Delray Beach, FL 33483 3 00-43-46-04-08-000-0130 Bland, V.C. & Christine Delray Beach Estates 3 Harbour Drive N. Lot 13 Ocean Ridge, FL 33435 4 00-43-46-04-08-000-0142 Schwerin T.M. & Juliette M. Delra¥ Beach Estates 2612 N. Federal Highway Lot 14.2 Delray Beach, FL 33483 4 00-43-46-04-08-000-0160 Schwerln, Thomas M. Delray Beach Estates 2612 N. Federal Highway Lot 16 Delray Beach, FL 33483 5 00-43-46-04-08-000-0300 Catapane, Richard C & Dorothy M Delray Beach Estates 2433 Timber Creek Circle Lot 30 Boca Raton, FL 33431 5 00-43-46-04-08-000-0310 Panagos, Richard E. Delray Beach Estates 2605 N. Federal Highway Lot 31 Delray Beach, FL 33483 5 00-43-46-04-08-000-0320 O'Brien, Surer & O'Brien Inc. Delray Beach Estates 2601N. Federal Highway Lot 32 Delray Beach, FL 33483 6 00-43-46-04-08-000-0370 Merchel, Mary F. Delray Beach Estates 245 Lake Eden Way Lot 37 Delray Beach, FL 33444 6 00-43-46-04-08-000-0371 Bushley, Edga= J. Jr. Delray Beach Estates 2401N. Federal Highway Lot 37.1 Delray Beach, FL 33483 6 00-43-46-04-08-000-0380 Merchel, Mary F. Delray Beach Estates 245 Lake Eden Way Lot 38 Delray Beach, FL 33444 ENCLAVE NO. PROPERTY CONTROL # PROPERTY OWNER AND LOCATION 7 00-43-46-04-08-000-0400 Solomon, Gerald J. Delray Beach Estates 17096 Northway Court Lot 40 Boca Raton, FL 33496 8 00-43-46-04-00-000-5040 Cart, Casy T. & Elaine M. North of the Flea Market 2740 S.W. llth Court Parcel 504 Boynton Beach, FL 33426 8 00-43-46-04-00-000-5041 Cart J.Y. & Marllyn B. North of the Flea Market 3654 S. Federal Highway Parcel 504.1 P.O. Box 524 Boynton Beach, FL 33425 8 .00-43-46-04-00-000-5050 Drive-In Theatres of FL Inc Flea Market-Parcel 505 3291 W. Sunrise Blvd. Ft. Lauderdale, FL 33311 8 00-43-46-04-00-000-5060 Drive-In Theatres of FL Inc Flea Market-Parcel 506 3291W. Sunrise Blvd. Ft. Lauderdale, FL 33311 8 00-43-46-04-00-000-5070 Drive-In Theatres of FL Inc Flea Market-Parcel 507 3291W. Sunrise Blvd. Ft. Lauderdale, FL 33311 PD/DBE.DOC - 2 - ANNEXATION AREAS The adjacent .map describes all unincorporated land located within the City of Delray Beach's Planning and Service Area. These areas are designated for annexation according to Objective B-3, of the Future Land Use Element of the City's Comprehensive Plan. Objective B-3 subdivides the designated properties into the following "annexation areas": #1 North Federal Highway #2 Southeast of Linton and Military Trail #3 Southwest of Llnton and Military Trail #4 East of Military Trail, north and south of Atlantic Avenue #5 West of Military Trail, north and south of Atlantic Avenue (less Country Club Acres and High Point of Delray West) #6 East of Military Trail, north of Lake Ida Road #7 High Point of Delray West, west of Military Trail #8 Country Club Acres, west of Military Trail #9 The Hardrives Holdings off Congress Avenue The Projected Annexation Schedule (page B-5), slates formal annexation procedures to begin by the year 1995, for all annexation areas (less areas #6 and #9). N ANNEXATION AREAS ~ A~N~CAnON AREA~ A5 DE:S~NAT~D IN ~ FUTURE LANO USE ~N~ (~ 8-3.4). ~ ~E ~S COMPR~EN~ P~. C~ ~ D~Y B~H, ~ P~NING' O~~ ~G~ I I 'rz. ]"rBcxZ, ~'MPACT ANALYSIS . A. Five Year S-~mary of Fiscal Impact: Fiscal Years 1993 1994 1995 1996 Capital Expenditures Operating Costs Operating Revenues Is Item Included In Current Budget Yes No Budget Account No: Fund Agency Org. Object Reporting Category__ B. Recommended Sources of Funds/Summary of Fiscal Impact III. REVIEW COMMENTS A. OFMB Fiscal and/or Contract Administration Comments: Contract A~inistratio~ B. Legal Sufficiency: ~SUiq~3 ~S%~i~ah~, C. Other Department Review: Department Director This s-mmary iS not to be used as a basis of payment. Eo~ OF co~ co~zss~oms'~"' Hoe~ng Da~e: Ha~oh~, X994 [ ] consent Ix] Ro~X~ [ ] O~dinance ( ] ~lio aearinq Depar~ent ~itted By~ Plannina, Zonina an~ Buildina / Platina ~itted For~ I. ElECtIVE BRIEF Notion and Title~ Staff reco~ends ~otion to ~e~te~ an InterlocalAgreement between Palm Beach County and the City of Delray Beach providin9 for annexation off eight enclaves. B. 8-~ary~ Chapter 171.046, F.S., allo~s annexation off enclaves off ten acres or less off developed land iff the municipality (the City oE Delray Beach) and 2he County having jurisdiction over such enclaves enter into an Interlocal Agreement. This lnterlocal Agreement addresses the service provision needs off the residenks, mee~s the retirements of Florida Statutes for annexation, and is consistent ~ith the County and municipal Comprehensive Plans. ~istrict 4. C. Backqrount and ~ustification: The City off Delray Beach has identified eight enclaves that are eligible Eot annexation ~ith an ln2erlocal Agreement. These eiqht enclaves create service delivery problems for both the County and ~e Cit~. The City is requestin9 County assistance in annexin9 these enclaves. The City has ~ritten the o~ners off these enclaves to infform them off this proposed annexation. The Florida Leqislature, by amendin9 Chapter 171, Florida Statutes, h~s created a means for the City to annex these enclaves. Chapter 171, ~hich pertains to municipal annex- ations, allo~s a municipality to annex enclaves of ten acres or less of developed land if the municipality enters into an Interlocal Agreement ~ith the County. The Palm Beach County Planning Division supports ~ese annex- ations. Objective 1 off the Palm Beach County Comprehensive Plan, Intergo~er~ental Element, encourages the a~exation of enclaves ~that result in ine~fficient service deliver'. The attached Interlocal Agreement implements the re~ir~ents off Florida Statutes and is consistent ~ith the Palm Beach County Comprehensive Plan. A portion of Enclave No. 8, known as the Delray S~ap Shop properties, is proposed to be annexed on a volunta~basis and is not part of this Interlocal lgreement. The annexation of these enclaves is bein9 opposed by some lando~ers. Both ~ritten and oral co~unications have been received by the Planning Division reqardinq their concerns that the chanqe in iurisdiction vould adversely impact their ability to conduct business. Planninq stafff has responded to their ~estions. However since most issues center aro~d the perception that Delray's regulations are more strinqent, the concerns are best addressed by Delray. The City held a meetinq on Thursday, ~anua~ 13, 1994 at 2:00 p.m. to discuss these annexations and answer questions. D. lttac~ents: 1. Inte~local lgreeme~t vith ~ap of ~claves ~ S iS~n~ Count~ ' ~nistrator ~ Datd ' -- £1TV ELI:II:I¥ BER£H ~993 CERTIFICATION I, BARBARA GARITO, Acting City Clerk of the City of Delray Beach, Florida, do hereby certify that the attached is a true and correct copy of Resolution No. 107-93 as the same was passed and adopted by the City Commission of the City of Delray Beach, Florida, in regular session on the llth day of January 1994. IN WITNESS WHEREOF, I have hereunto set my hand and the Official seal of the City of Delray Beach, Florida, on this the 24th day of January, 1994. '~ .... '" '. Barbara Garito .~ --'~ ~.:~... ~ _.. Acting City Clerk '- * City of Delray Beach, Florida RESOLUTION NO. 107-93 A RESOLUTION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH PALN BEACH COUNTY PROVIDING FOR THE ANNEXATION OF ENCLAVES PURSUANT TO SECTION 171.046, FLORIDA STATUTES. WHEREAS, Section 163.01 Fla. Stat., (1991)~ known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and developments of local communities; WHEREAS, the Florida Interlocal Cooperation Act of 1969 permits public agencies as defined therein to enter into interlocal agreements with each other jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; WHEREAS, Section 18 of Chapter 93-206, Laws of Florida, created Section 171.046, Fla. Stat., which provides for the annexation of certain enclaves pursuant to interlocal agreements between a munici- pality and the county which has jurisdiction over such enclaves; WHEREAS, Section 171.046, Fla. Stat. ,limits annexation by such interlocal agreements to enclaves of ten (10) acres or less in size; WHEREAS, Section 171.031(13)(a) and (b), Fla. Stat., as amended by Chapter 93-206, Laws of Florida, defines enclaves as developed or improved property bounded on all sides by a single municipality, or bounded by a single municipality and by a natural or man-made obstacle that allows passage of vehicular traffic to that unincorporated area only through the municipality; WHEREAS, Palm Beach County and the City of Delray Beach have determined that it is appropriate and will promote efficient provision of governmental services for the City to annex certain enclaves~ WHEREAS, the County and the City have determined that the parcels to be annexed pursuant to this interlocal agreement are improved property based upon the availability of water and sewer systems; the availability and access to public right-of-way; that the lots have previously been cleared; and that the lots have been subdivided as shown on recorded or unrecorded plats; R94 54D WHEREAS, it has been determined by the City that the parcels to be annexed via this tnterlocal agreement meet the requirements set out in Section 171.031(13)(a) and (b), Fla. Stat. and 171.046, as such enclaves are developed or improved, are less than ten (10) acres and size, and are completely surrounded by the City or are surrounded by the City and a natural or man-made obstacle that allows passage of vehicular traffic to the enclaves only through the City; and WHEREAS, the enclaves identified herein are within the City's future annexation area as set forth in the adopted Comprehensive Plan for the City of Delray Beach. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA THAT: Section 1. The Mayor is hereby authorized and directed to'execute an interlocal agreement (attached hereto and incorporated herein as Exhibit "A") with Palm Beach County on behalf of the City of Delray Beach. Section 2. Upon execution of the interlocal agreement, the City Clerk is hereby directed and authorized to transmit sufficient copies of same to the appropriate offices of Palm Beach County for Palm Beach County's consideration of execution of the InterGovernmental AGreement and thereafter the execution thereof. Section 3. This ResolutiOn shall take~fect upon adoption. ATTEST: ~ity Clerk 004 354D 2 Res. No. 107-93 NORTH FEDERAL HIGHWAY ANNEXATIONS LEGAL DESCRIPTIONS Parcel 1: Lots I and lA, Delray Beach Estates, as recorded in Plat Book 21, Page 13 of the Palm Beach County Records. Parcel 2: The easterly 134.55 feet of lot 5, Delray Beach Estates, as recorded in Plat Book 21, Page 13 of the Palm Beach County Records. Lot 5, less the easterly 134.55 feet thereof, Delra¥ Beach Estates, as recorded in Plat Book 21, Page 13 of the Palm Beach County Records. Parcel 3: Lot 13, Delray Beach Estates, as recorded in Plat Book 21, Page 13 of the Palm Beach County Records. Parcel 4: The northerly 20.25 feet of the westerly 186 feet of lot 14 together with lots 15, 16 and 17, Delray Beach Estates, as recorded in Plat Book 21, Page 13 of the Palm Beach County Records. Parcel 5: Lots 30, 31 and 32, Delray Beach Estates, as recorded in Plat Book 21, Page 13 of the Palm Beach County Records. Parcel 6: Lots 37 and 38, Delray Beach Estates, as recorded in 'Plat Book 21, Page 13 of the Palm Beach County Records. Parcel 7: Lot 40, Delray Beach Estates, as recorded in Plat Book 21, Page 13 of the Palm Beach County Records. Parcel 8: The northerly 100 feet of the southerly 503.4 feet of the west one half (W1/2) of the southwest one quarter (SW 1/4) of the southeast one quarter (SE 1/4) of Section 4, Township 46 South, Range 43 East lying easterly of Federal Highway (U.S. 1). T:\advanced\ANNEX1.DOC N ANNEXATION AREAS ~ ANNEXATION ~t~EAS .~ OE$1~qATEO C~ OF ~Y B~, ~ P~NIN~ 0~~ .... ~ I I I I Ill ~x ~ 354~ I I I N. FEDERAL UNINCORPORATED ENCLAVES PROPOSED FOR ANNEXATION IF~NO ENCLAVES TO BE ANNEXED. ENCLAVES TO 8(: ANNEXED ~1' AGREEMENT. UNICORPOP. ATED COUNTY, HOT MEETING THE DEFIHITIOH OF ' ENC~Vt". ~ ENC/.AVE N~. I-8 I I:> l> I> I> I> > ,' - - Interlocal Agreement between PALM BEACH COUNTY, a political subdivision of the State of Florida and the CITY OF DELRAY BEACH providing for annexation of enclaves pursuant to Section 171.046, Fla. Stat.. ma e , 199~ between the CITY OF DELRAY BEACH, a municipality located in Palm Beach County, Florida, hereinafter referred to as "CITY" and PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WHEREAS, Section 163.01, Florida Statutes (1991), known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, The Florida Interlocal Cooperation Act of 1969 permits public agencies as defined therein to enter into Interlocal Agreements with each other to jointly exercise any 'power, privilege, or authority which such agencies 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, Fla. Stat., providing for annexation of certain enclaves by entering into an Interlocal Agreement between the Municipality and the County having jurisdiction over such enclave; and WHEREAS, Section 171.046, Fla. Stat., limits annexation by Interlocal Agreement to enclaves of ten (10) acres or less in size; and WHEREAS, Section 171.031(13)(a) and (b), Fla. Stat., as amended by Chapter 93-206, Laws of Florida, defines enclaves as developed or improved property bounded on all sides by a single municipality, or bounded by a single municipality and by a natural or manmade obstacle that allows passage of vehicular traffic to that unincorporated area only through the municipality; and WHEREAS, the County and the City have determined that it is appropriate and will promote efficient provision of governmental services for the City to annex certain enclaves; and WHEREAS, the County and the City have determined that the parcels to be annexed pursuant to this Interlocal Agreement are improved properties based upon the availability of water and sewer systems; the availability and access to a public right-of-way; that the lots have previously been cleared; and that the lots have been subdivided in recorded or unrecorded plats; and WHEREAS, it has been determined by the City and by the County that the parcels to be annexed via this Interlocal Agreement meet the requirements set out in Section 171.031(13)(a) and (b) and 171.046, Fla. Stat., as such enclaves are developed or are improved, are less than ten (10) acres in size and are completely surrounded by the city or are surrounded by the City and a natural or manmade obstacle that allows passage of vehicular traffic to the enclaves only through the City; and WHEREAS, the enclaves identified for annexation in this Interlocal Agreement are in the City's future annexation areas set forth in the adopted Comprehensive Plan of the City of Delray Beach; and WHEREAS, the County and the City agree that the parcels to be annexed via this Interlocal Agreement are subject to the Land Use Atlas of the Palm Beach County Comprehensive Plan and County zoning and subdivision regulations until the City adopts a comprehensive plan amendment to formally include said parcels in its adopted Comprehensive Plan and to formally affix a zoning designation thereto. NOW THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: Section 1. Purpose The purpose of this Agreement is to allow annexation by the City 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 forth in Section 171.031(13)(a) and (b), Fla. Stat. as adopted by the Legislature in Chapter 93-206, Section 15, Laws of Florida. "Act" means Part I of Chapter 163, Florida Statutes. "Agreement" means this Interlocal Agreement, including any amendments or supplements hereto, executed and delivered in accordance with the terms thereof. Section 3. Annexation The unincorporated enclaves identified in Exhibit "A", which is attached hereto and made a part hereof, are hereby annexed into and are included in the corporate boundaries of the City of Delray Beach. Section 4. Effective Date This Agreement shall take effect upon execution by both parties. Section 5. Filing 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. Section 6. Notification The City hereby acknowledges that, it has/will prior to consideration of this Agreement by the Board of County Commissioners, provide written notice to all owners of real property located in the enclaves identified in Exhibit "A" whose names and addresses are known by reference to the latest published ad valorem tax records of the Palm County Property Appraiser. The written notice, shall describe the purpose of .the Interlocal Agreement and shall state the date, time and place of the meetings of the Board of County Commissioners of Palm Beach County where this Interlocal Agreement shall be considered for adoption. Section 7. Captions The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 9. Severabllit¥ In the event that any section, paragraph, sentence, clause, or provision hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 10. Entirety of Aqreement This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. 354 CIT OF~)5~RA~ BEACH, FLORIDA PALM BEACH COUNTY --" "'* ~ .... "*:" CLER,¥ ; "' ATTEST: ATTEST: ~~~ I~/o~rd of Counly Comr~ssion~rs ,:',., . . .. ,~ ~~ ~ .~'/~ Cit~,.Clerk - ' Approved as City Attorney CoUnty At%~rne~ --, boUS,, % .... ,~,, , ~/zu~. ooc ENCLAVE NO. PROPERTY CONTROL ~ PROPERTY OWNER AND LEGAI~ DESCRIPTION I 00-43-46-04-08-000-0010 Smith, R.I. & Darleen M. Delray Beach Estates 610 S.E. 2nd Avenue Lot 1 Pompano Beach, FL 33060 2 00-43-46-04-08-000-0050 Compagno, J. & Lucllle Delray Beach Estates % Merkle Et. Al. Lot 5 110 E. Atlantic Avenue, #400 Delray Beach, FL 33444 2 00-43-46-04-08-000-0051 Altmix, Don R. Delray Beach Estates 2300 N. Old Dixie Highway Lot 5.1 Delray Beach, FL 33483 3 00-43-46-04-08-000-0130 Bland, V.C. & Christine Delray Beach Estates 3 Harbour Drive N. Lot 13 Ocean Ridge, FL 33435 4 00-43-46-04-08-000-0142 Schwerin T.M. & Jullette M. Delray Beach Estates 2612 N. Federal Highway Lot 14.2 Delray Beach, FL 33483 4 00-43-46-04-08-000-0160 Schwerln, Thomas M. Delray Beach Estates 2612 N. Federal Highway Lot 16 Delray Beach, FL 33483 5 00-43-46-04-08-000-0300 Cat&pane, Richard C & Dorothy M Delray Beach Estates 2433 Timber Creek Circle Lot 30 Boca Raton, FL 33431 5 00-43-46-04-08-000-0310 Panagos, Richard E. Delray Beach Estates 2605 N. Federal Highway Lot 31 Delray Beach, FL 33483 S 00-43-46-04-08-000-0320 O'Brien, Surer & O'Brien Inc. Delray Beach Estates 2601N. Federal Highway Lot 32 Delray Beach, FL 33483 6 00-43-46-04-08-000-0370 Merchel, Mary F. Delray Beach Estates 245 Lake Eden Way Lot 37 Delray Beach, FL 33444 6 00-43-46-04-08-000-0371 Bushley, Edgar J. Jr. Delra¥ Beach Estates 2401 N. Federal Highway Lot 37.1 Delray Beach, FL 33483 6 00-43-46-04-08-000-0380 Merchel, Mary F. Delray Beach Estates 245 Lake Eden Way Lot 38 Delray Beach, FL 33444 ENCLAVE NO. PROPERTY CONTROL % PROPERTY OWNER AND LOCATION 7 00-43-46-04-08-000-0400 Solomon, Gerald J. Delra¥ Beach Estates 17096 Northwa¥ Court Lot 40 Boca Raton, FL 33496 8 00-43-46-04-00-000-5040 Cart, Casy T. & Elaine M. North of the Flea Market 2740 S.W. llth Court Parcel 504 Boynton Beach, FL 33426 8 00-43-46-04-00-000-5041 Cart J.Y. & Marllyn B. North of the Flea Market 3654 S. Federal HSghwa¥ Parcel 504.1 P.O. Box 524 Boynton Beach, FL 33425 pd /clbe. doc - 2 - TO: M~ McC~ Dick Morley ~is letter is a follow up to our phone convemafion 1~ week. My husband Ri~d ~d I o~ proper~ at 2613 N. Fede~ H~. ~d have been Mofi~ residen~ since 1970. We ~e quite ~ncemed ~ your pi~ of forced ~tion of our proper~ by ~e Ci~ of Delray Beach. The proper~ o~ers involved were never no~fied when ~e ci~ planned to vote on ~is imue. The oMy p~ concerned ~ our plight ~ems to be ~e me~a. We sou~t out our proper~ specifi~ly bemuse it w~ under coun~ jurisdiction. We felt coun~ re~lations/or~ces/etc, were much more condudve to establishing a busine~ by Mlo~ng more flexibi~ in u~e to m~e ~e pro~r~ pr~ucfive. We had he~d m~y complain~ from ci~ proper~ o~em of ~e h~les ~d costa involved in deMing ~ ci~ au~ofifies ~d w~ted no p~ of ~at. Our properV w~ purc~d l~t spring ~d we ~e t~ing to establish a sm~l b~ine~ to bring customem back to ~s ~em We ~ not abmrb ~e added costa ~nexation would create. The proper~ o~em involv~ ~e ve~ upset ~t coun~ o~ciMs never chose to ~scum ~ us the impact ~s msfer wo~d have on us ~d how it would advemely ~ect us. We feel ~ ~ough we have ~en ~ab~doned.~ The ~e~fion w~ preMously defeated ~rough referendum ~d a~n ~ough ~e ~Endave Acff ~fing ~ exemption. It is so unjust to di~eg~d us. ~e counW seems to be under ~e e~oneous ~umpfion ~at ~e d~ will ~t us status quo.. O~em who have spoken ~ d~ o~d~s have been ~ted no~ing. P~m Beach Coun~ o~ci~s need to more fully ~ess ~e impact on ~ected properS, ~d see ~at our best interesm ~e ~so reprinted. It is ~re~onable to expect us to step ~ide ~d be used ~ pa~s~ You ~e our Representation ~d we look to you for ~protecfion" ~d "f~r weatment. ad,ess our concems. Sincerely, Doro~y Ga~p~e 007) 483-7078 ~ M~ Carol Ro~m W~ Ne~ Bu~ ~n~n M~ Fo~ ~ Palm Beach County Commission March 22, 1994 You have granted us a one week extension from 3/15 to 3/22/94 so that Delray Beach officials could address the concerns of affected property owners. We do appreciate that extension. The city has been trying to deal with all of the issues and costs, but the fact remains that there will still be significant costs involved which many of us just cannot afford. We feel we should decide if and when to annex and not be forcibly annexed. In fact, over half of these county properties in question do not meet the definition of an "enclave." The city is pursuing this under the new Elm's Act Law allowing cities that totally surround an enclave to claim it with the approval of the county. The property owner has no say whatsoever! The properties in question are cost effective. As you know the Elm's Act is receiving much criticism for being discriminating and unconstitutional. Citizens have become infuriated over its power to take away our rights. State legislatures are now trying to undo the tremendous mistake made when they approved the Elm's Act. Presently there are several pending bills (SB #484, #1526) coming up for vote that will restore the rights of property owners. You are all very well aware that in a matter of days the Elm's Law may not stand as now written. So why must you force a vote on this today? Two weeks ago, Palm Beach County Commissioners allowed citizens to be devoured by the City of Greenacres. Jupiter, on the other hand, decided to postpone indefinitely its annexation proceedings. Now you hold the fate of still more County Enclaves in your hands. The wise choice would be to proceed with caution now and not allow any more confiscation by cities until the state decides what the outcome of the Elm's Act amendments will be. How could you in "good conscience" vote to allow any more injustices to occur? Please stop this plunder immediately by voting for an indefinite postponement until pending legislation is finalized and scrutinized. Many of the people you represent in the county do not approve of forced annexation. They feel and fear for their neighb, ors whose way of life, livelihood, and financial security is put in jeopardy. I'm sure you all swore to uphold the Constitution. How can you now take away our rights to liberty, pursuits of happiness, and votes on an issue that directly and adversely affects us? Think about it. That's just what you will be doing if you give final approval today. The only fair and fight decision today is to vote NO. ~ ,.,,-",: I. DOROTHY ','~. VVlLKEi',,I, true ~ ,., ,~,, r..c .... y of the original fi!ed ..,,~ my Cfice DATED a~. W.::,st Pai~: Beach, FL on 77. tS- B~?~.~~DOROTHY ;-i ',: !L;/'7*~ C',¢rk · ' D.C. 35 D R94 415 0 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR ANNEXATION OF ENCLAVES THIS AMENDMENT TO THE INTERLOCAL AGREEMENT dated March 22, 1994, is made and entered into this=~-. 5 .~ of April, 1994, between the CITY OF DELRAY BEACH, a municipality located in Palm Beach County, Florida, hereinafter referred to as "CITY" and PALM BEACH COUNTY, hereinafter referred to as "COUNTY", each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WHEREAS, at its meeting of January 11, 1994, the City Commission of the City of Delray Beach approved the Interlocal Agreement Providing for the Annexation of Enclaves within the municipal limits of the City of Delray Beach; WHEREAS, at its meeting of March 22, 1994, the County Commission for Palm Beach County approved the Interlocal Agreement Providing for the Annexation of Enclaves within the municipal limits of the City of Delray Beach; WHEREAS, Section 171.046, Fla. Stat., provides for annexa- tion of certain enclaves by entering into an Interlocal Agree- ment between the Municipality and the County having juris- diction over such enclaves; and WHEREAS, Section 171.046, Fla. Stat., limits annexation by Interlocal Agreement to enclaves of ten (10) acres or less in size; and WHEREAS, Section 171.031(13)(a) and (b), Fla. Stat., as amended by Chapter 93-206, Laws of Florida, defines enclaves as developed or improved property bounded on all sides by a single municipality, or bounded by a single municipality and by a natural or manmade obstacle that allows passage of vehicular traffic to that unincorporated area only through the municipality; and WHE~EA~, the County and the City have determined that it is appropriate and will promote efficient provision of govern- mental services for the City to annex certain enclaves; and WHEREAS, the County and the City desire to amend the Interlocal Agreement to include an additional enclave as defined in Section 171.031(13)(a) and (b); WHEREAS, the County and the City have determined that the parcel to be annexed pursuant to this Amendment is an improved property based upon the availability of water and sewer systems and the availability.and access to a public right-of-way; and WHEREAS, it has been determined by the City and by the County that the parcel to be annexed by this Amendment meets the requirements set out in Section 171.031913)(a) and (b) and 171.046, Fla. Stat., as the parcel is developed, is less than ten (10) acres in size, and is surrounded by the City and a natural or manmade obstacle that allows passage of vehicular traffic to the enclaves only through the City; and WHEREAS, the enclave identified for annexation in this Amendment is in the City's future annexation areas set forth in the adopted Comprehensive Plan of the City of Delray Beach; and WHEREAS, the County and the City agree that the parcel to be annexed via this Amendment to the Interlocal Agreement is subject to the Land Use Atlas of the Palm Beach County Compre- hensive Plan and County zoning and subdivision regulations until the City adopts a comprehensive .plan amendment to formally include the parcel in its adopted Comprehensive Plan and to formally affix a zoning designation thereto. NOW, THEREFORE, in consideration of the mutual represen- tations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: Section 1. Purpose The purpose of this Amendment is to allow annexation by the City of an additional unincorporated enclave which is identified in Exhibit A which is attached hereto and made a part hereof. Section 2. Incorporation of Interlocal Agreement Ail provisions contained in the Interlocal Agreement dated March 22, 1994, entered into between the parties remain in full force and effect. Section 3. Annexation The unincor~orated enclave identified in Exhibit "A", which ia attached hereto and made a part hereof, is hereby annexed into and is included in the corporate boundaries of the City of Delray Beach. Section 4. Effective Date This Agreement shall take effect upon execution by both parties. Section 5. Filing 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. Section 6. Captions The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. ThOmas ~ Lynch, Mayor , ~- ~ ( ~ ~g'~'~HY H. WILK-/eL ~~~~Appr°ved as ~ ~rm: ~. County Attorney a~d. agt 3 EXHIBIT "A" PROPERTY DESCRIPTION: South 403.25 feet of the easterly 497.35 feet of the west one-half (W 1/2) of the southwest one-quarter (SW 1/4) of southeast one-quarter (SE 1/4) and that part of the south 403.40 feet of the southeast one-quarter (SE 1/4) of the southwest one-quarter (SW 1/4) being the northerly 128.66 feet of southerly 272.66 feet lying east of State Road 5 as in OR 2311, Page 701. TOGETHER WITH That part of westerly 155.89 feet of south 403.4 feet of west one-half (W 1/2) of southwest one-quarter (SW 1/4) of southeast one-quarter (SE 1/4) and east 44.11 feet of northerly 171.24 feet of south 403.4 feet of southeast one-quarter (SE 1/4) of southwest one-quarter (SW 1/4) lying east of State Road 5. TOGETHER WITH That part of westerly 166.40 feet of south 403.4 feet of west one-half (W 1/2) of southwest one-quarter (SW 1/4) of southeast one-quarter (SE 1/4) and easterly 131.42 feet of southerly 144 feet of southeast one-quarter (SE 1/4) of southwest one-quarter (SW 1/4) lying east of State Road 5. Rgz 415 D AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR ANNEXATION OF ENCLAVES THIS AMENDMENT TO THE iNTERLOCAL AGREEMENT dated March 22, 1994, is made and entered into this=~- 5 .~ of April, 1994, between the CITY OF DELRAY BEACH, a municipality located in Palm Beach County, Florida, hereinafter referred to as "CITY" and PALM BEACH COUNTY, hereinafter referred to as "COUNTY", each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WHEREAS, at its meeting of January 11, 1994, the City Commission of the City of Delray Beach approved the Interlocal Agreement Providing for the Annexation of Enclaves within the municipal limits of the City of Delray Beach; WHEREAS, at its meeting of March 22, 1994, the County Commission for Palm Beach County approved the Interlocal Agreement Providing for the Annexation of Enclaves within the municipal limits of the City of Delray Beach; WHEREAS, Section 171.046, Fla. Stat., provides for annexa- tion of certain enclaves by entering into an Interlocal Agree- ment between the Municipality and the County having Juris- diction over such enclaves; and WHEREAS, Section 171.046, Fla. Stat., limits annexation by Interlocal Agreement to enclaves of ten (10) acres or less in size; and WHEREAS, Section 171.031(13)(a) and (b), Fla. Stat., as amended by Chapter 93-206, Laws of Florida, defines enclaves as developed or improved property bounded on all sides by a single municipality, or bounded by a single municipality and by a natural or manmade obstacle that allows passage of vehicular traffic to that unincorporated area only through the municipality; and WHE~, the County and the City have determined that it is appropriate and will promote efficient provision of govern- mental services for the City to annex certain enclaves; and WHEREAS, the County and the City desire to amend the Interlocal Agreement to include an additional enclave as defined in Section 171.031(13)(a) and (b); WHEREAS, the County and the City have determined that the parcel to be annexed pursuant to this Amendment is an improved property based upon the availability of water and sewer systems and the availability.and access to a public right-of-way; and WHEREAS, it has been determined by the City and by the County that the parcel to be annexed by this Amendment meets the requirements set out in Section 171.031913)(a) and (b) and 171.046, Fla. Stat., as the parcel is developed, is less than ten (10) acres in size, and is surrounded by the City and a natural or manmade obstacle that allows passage of vehicular traffic to the enclaves only through the City; and WHEREAS, the enclave identified for annexation in this Amendment is in the City's future annexation areas set forth in the adopted Comprehensive Plan of the City of Delray Beach; and WHEREAS, the County and the City agree that the parcel to be annexed via this Amendment to the Interlocal Agreement is subject to the Land Use Atlas of the Palm Beach County Compre- hensive Plan and County zoning and subdivision regulations until the City adopts a comprehensive .plan amendment to formally include the parcel in its adopted Comprehensive Plan and to formally affix a zoning designation thereto. NOW, THEREFORE, in consideration of the mutual represen- tations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: Section 1. Purpose The purpose of this Amendment is to allow annexation by the City of an additional unincorporated enclave which is identified in Exhibit A which is attached hereto and made a part hereof. Section 2. Incorporation of Interlocal Agreement -Ail provisions contained in the Interlocal Agreement dated March 22, 1994, entered into between the parties remain in full force and effect. Section 3. Annexation The unincorporated enclave identified in Exhibit "A", which is attached hereto and made a part hereof, is hereby annexed into and is included in the corporate boundaries of the City of Delray Beach. Section 4. Effective Date This Agreement shall take effect upon execution by both parties. Section 5. Fllinq 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. 2 The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. ThOmas ~ Lynch, Mayor I 1- f ~ ~ ~'~NY %.WLLK~' CL£RK City Clerk - Approved as ~~: A~oved as to Form: City Attorney EXHIBIT "A" PROPERTY DESCRIPTION: South 403.25 feet of the easterly 497.35 feet of the west one-half (W 1/2) of the southwest one-quarter (SW 1/4) of southeast one-quarter (SE 1/4) and that part of the south 403.40 feet of the southeast one-quarter (SE 1/4) of the southwest one-quarter (SW 1/4) being the northerly 128.66 feet of southerly 272.66 feet lying east of State Road 5 as in OR 2311, Page 701. TOGETHER WITH That part of westerly 155.89 feet of south 403.4 feet of west one-half (W 1/2) of southwest one-quarter (SW 1/4) of southeast one-quarter (SE 1/4) and east 44.11 feet of northerly 171.24 feet of south 403.4 feet of southeast one-quarter (SE 1/4) of southwest one-quarter (SW 1/4) lying east of State Road 5. TOGETHER WITH That part of westerly 166.40 feet of south 403.4 feet of west one-half (W 1/2) of southwest one-quarter (SW 1/4) of southeast one-quarter (SE 1/4) and easterly 131.42 feet of southerly 144 feet of southeast one-quarter (SE 1/4) of southwest one-quarter (SW 1/4) lying east of State Road 5.