HomeMy WebLinkAbout2023-21 Annexation Area 1 (Portage Landing and Hidden Key)ORDINANCE NO. 2023-21
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, ANNEXING A CONTIGUOUS AND COMPACT AREA
OF REAL PROPERTY LOCATED IN UNINCORPORATED PALM BEACH
COUNTY COMPRISED OF APPROXIMATELY 63 ACRES LOCATED EAST OF
U.S. HIGHWAY ONE AND NORTH AND SOUTH OF JACK NICKLAUS DRIVE
AND COMMONLY KNOWN AS PORTAGE LANDING NORTH, PORTAGE
LANDING SOUTH, AND HIDDEN KEY, AS MORE PARTICULARLY DESCRIBED
HEREIN, PURSUANT TO SECTION 171.0413, FLORIDA STATUTES; AMENDING
ARTICLE II OF THE VILLAGE CHARTER TO REDEFINE THE TERRITORIAL
BOUNDARIES OF THE VILLAGE; SUBMITTING THE ANNEXATION TO A
REFERENDUM VOTE OF THE REGISTERED ELECTORS RESIDING WITHIN
THE AREA PROPOSED FOR ANNEXATION; PROVIDING FOR TRANSMITTAL
TO THE FLORIDA DEPARTMENT OF STATE AND ALL OTHER REQUIRED
AGENCIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A REPEALER; AND
FOR OTHER PURPOSES.
WHEREAS, the Village seeks to annex an area of contiguous, compact, unincorporated territory located
in the Village's future annexation area pursuant to Section 171.0413, Florida Statutes, known as the
neighborhoods Portage Landing South, Portage Landing North, and Hidden Key (including Hidden Key
North), as more particularly described in Exhibit "A" attached hereto and incorporated herein by
reference; and
WHEREAS, the Village has prepared and filed with the Palm Beach County Board of County
Commissioners a feasibility study setting forth the Village's plans to provide urban services to the
proposed annexation area as required by Section 171.042, Florida Statutes; and
WHEREAS, the Village Council determines that the proposed annexation area is contiguous to the
Village's corporate boundaries and meets each of the requirements of Section 171.043, Florida Statutes;
and
WHEREAS, the Village Council has conducted all advertising public hearings required by Section
171.0413(1), Florida Statutes, and provided the required notice pursuant to Section 171.042(3), Florida
Statutes; and
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the interests of the
health, safety, and welfare of the residents of both the Village and the proposed annexation area.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby annexes into the Village of North Palm Beach a contiguous
and compact area of unincorporated property located in the Village's future annexation area commonly
known as the neighborhoods of Portage Landing South, Portage Landing North, and Hidden Key
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(including Hidden Key North) ("Annexed Property"), as more particularly described in Exhibit "A"
attached hereto and incorporated herein by reference. The right-of-way for Jack Nicklaus Drive (S.R.
Al A) is hereby excluded from the Annexed Property and shall remain in unincorporated Palm Beach
County.
Section 3. The corporate boundaries of the Village of North Palm Beach area hereby redefined to
include the Annexed Property fully described in Section 2 above, and Article II of the Village of North
Palm Beach Charter, setting forth the territorial boundaries of the Village, is hereby amended to include
the Annexed Property
Section 4. A certified copy of this Ordinance shall be filed as a revision of the Village Charter with
the Department of State within thirty (30) days from the effective date of this Ordinance as required by
Section 166.031(3) and Section 171.091, Florida Statutes.
Section 5. The annexation shall be submitted to a referendum vote of the registered electors of the
Annexed Property at the general election scheduled for March 19, 2024.
Section 6. The title of the ballot and explanatory statement setting forth the substance of the
proposed annexation shall appear on the ballot and shall read as follows:
ANNEXATION REFERENDUM 1 OF THE VILLAGE OF NORTH PALM BEACH
(ORDINANCE NO. 2023-21)
THE VILLAGE OF NORTH PALM BEACH ADOPTED ORDINANCE NO. 2023-21
ANNEXING AN AREA OF CONTIGUOUS, COMPACT, UNINCORPORATED
PROPERTY LOCATED IN THE VILLAGE'S FUTURE ANNEXATION AREA
COMMONLY KNOWN AS THE NEIGHBORHOODS OF PORTAGE LANDING
SOUTH, PORTAGE LANDING NORTH, AND HIDDEN KEY INTO THE
VILLAGE'S CORPORATE LIMITS.
FOR ANNEXATION OF THE PROPERTY DESCRIBED IN ORDINANCE
NO. 2023-21 OF THE VILLAGE OF NORTH PALM BEACH.
AGAINST ANNEXATION OF THE PROPERTY DESCRIBED IN
ORDINANCE NO. 2023-21 OF THE VILLAGE OF NORTH PALM BEACH.
Section 7. The Village Clerk is hereby directed to advertise the referendum election in accordance
with all statutory requirements.
Section 8. The Community Development Director is hereby directed to file the revision to the
Village Charter with the Department of State and provide notification to all other required agencies.
Section 9. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed
to the extent of such conflict.
Section 10. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any
reason held bya court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding
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shall not affect the remainder of this Ordinance.
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Section 11. If a majority of the registered electors of the Annexed Property votes in favor of the
referendum, this Ordinance shall be effective December 1, 2024. If a majority of the registered electors
of the Annexed Property vote against the referendum, this Ordinance shall be automatically repealed and
be of no force and effect.
PLACED ON FIRST READING THIS 15TH DAY OF NOVEMBER, 2023.
PLACED ON SECOND, FINAL READING AND PASSED THIS 14TH DAY OF DECEMBER, 2023.
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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