HomeMy WebLinkAbout2023-23 Annexation Area 3 (Pirate's Cove and Adjacent Properties)ORDINANCE NO. 2023-23
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 17 ACRES LOCATED EAST OF
PROSPERITY FARMS ROAD, NORTH OF CANAL ROAD AND SOUTH OF PGA
BOULEVARD INCLUDING PIRATE'S COVE AND ADJACENT PARCELS
LOCATED ON CANAL ROAD AND EASY STREET, 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
included in the Village's future annexation area pursuant to Section 171.0413, Florida Statutes, located
east of Prosperity Farms Road, north of Canal Road, and south of PGA Boulevard including the Pirate's
Cove subdivision and adjacent parcels located on Canal Road and Easy Street, 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 included in the Village's future annexation area located
east of Prosperity Farms Road, north of Canal Road, and south of PGA Boulevard including the Pirate's
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Cove subdivision and adjacent parcels located on Canal Road and Easy Street ("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 3 OF THE VILLAGE OF NORTH PALM BEACH
(ORDINANCE NO. 2023-23)
THE VILLAGE OF NORTH PALM BEACH ADOPTED ORDINANCE NO. 2023-23
ANNEXING AN AREA OF CONTIGUOUS, COMPACT, UNINCORPORATED
PROPERTY INCLUDED IN THE VILLAGE'S FUTURE ANNEXATION AREA
LOCATED EAST OF PROSPERITY FARMS ROAD, NORTH OF CANAL ROAD
AND SOUTH OF PGA BOULEVARD INCLUDING THE PIRATE'S COVE
SUBDIVISION AND ADJACENT PARCELS LOCATED ON CANAL ROAD AND
EASY STREET INTO THE VILLAGE'S CORPORATE LIMITS.
FOR ANNEXATION OF THE PROPERTY DESCRIBED IN ORDINANCE
NO. 2023-23 OF THE VILLAGE OF NORTH PALM BEACH.
AGAINST ANNEXATION OF THE PROPERTY DESCRIBED IN
ORDINANCE NO. 2023-23 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.
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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.
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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