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HomeMy WebLinkAbout2023-22 Annexation Area 2 (Ellison Wilson Road)ORDINANCE NO. 2023-22 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 14 ACRES LOCATED WEST OF ELLISON WILSON ROAD AND NORTH OF.MCLAREN ROAD AND EXTENDING TO THE EXISTING BOUNDARY OF THE CITY OF PALM BEACH GARDENS, 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 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, located west of Ellison Wilson Road north of McLaren Road and extending to the existing boundary of the City of Palm Beach Gardens, 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 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 located west of Ellison Wilson Road north of McLaren Road and extending to the existing boundary of. the City of Page 1 of 3 Palm Beach Gardens ("Annexed Property"), as more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. 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, extending to the centerline of the Intracoastal Waterway. 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 2 OF THE VILLAGE OF NORTH PALM BEACH (ORDINANCE NO. 2023-22) THE VILLAGE OF NORTH PALM BEACH ADOPTED ORDINANCE NO. 2023-22 ANNEXING AN AREA OF CONTIGUOUS, COMPACT, UNINCORPORATED PROPERTY LOCATED IN THE VILLAGE'S FUTURE ANNEXATION AREA WEST OF ELLISON WILSON ROAD NORTH OF MCLAREN ROAD EXTENDING TO THE EXISTING BOUNDARY OF THE CITY OF PALM BEACH GARDENS INTO THE VILLAGE'S CORPORATE LIMITS. FOR ANNEXATION OF THE PROPERTY DESCRIBED IN ORDINANCE NO. 2023-22 OF THE VILLAGE OF NORTH PALM BEACH. AGAINST ANNEXATION OF THE PROPERTY DESCRIBED IN ORDINANCE NO. 2023-22 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 by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remainder of this Ordinance. 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 Page 2 of 3 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. UVILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY Page 3 of 3