2004-068 Opposes County Annexation Referendum QuestionRESOLUTION 68-2004
A RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA
OPPOSING THE REFERENDUM QUESTION PROPOSED PURSUANT TO
PALM BEACH COUNTY COMMISSION ORDINANCE 2004-021
ATTEMPTING TO AMEND THE PALM BEACH COUNTY CHARTER
RELATING TO THE MATTER OF ANNEXATION, AND AUTHORIZING THE
VILLAGE STAFF TO PUBLISH THIS ACTION IN THE VILLAGE
NEWSLETTER AND ON THE VILLAGE WEB SITE AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Chapter 171, Florida Statutes, sets forth uniform standards and procedures
for adjusting the boundaries of municipalities through annexation or contraction of corporate
limits within the State of Florida; and
WHEREAS, such criteria and regulations have been established so as to:
1. Ensure sound urban development and accommodation to growth;
2. Establish uniform legislative standards through the State for the adjustment of
municipal boundaries;
3. Ensure the efficient provision of urban services to areas that become-urban in
character, and
4: Ensure that areas are not annexed unless municipal services can be provided to
those areas.
WHEREAS, the methods and procedures for annexations set forth in Chapter 171,
Florida Statutes, have a lengthy legislative history and body of case law to guide municipalities
and property owners in moving forward through the annexation process; and
WHEREAS, Section 171.044, Florida Statutes, "Voluntary annexation," provides a
streamlined process for the annexation of property where upon the consent . of one hundred
percent (100%) of the owners of real property, of an unincorporated area of a county which is
contiguous to a municipality and reasonably compact may be annexed to the municipality with
the consent of the municipality; and
WHEREAS, Section 171.044(4), Florida Statutes, excepts the provisions of that section
in charter counties wherein such charter provides for an exclusive method of municipal
annexation; and
• WHEREAS, Palm Beach County is a charter county, but does not currently have a
charter provision dealing with annexation; and
WHEREAS, Palm Beach County Commission is attempting to amend the Palm Beach
County Charter to authorize the Palm Beach County Commission to pass an ordinance
• providing for the exclusive method for "voluntary annexation"; and
WHEREAS, the Palm Beach County Commission passed Ordinance 2004-021 calling
for a referendum to amend the Palm Beach County Charter.
WHEREAS, the proposed charter amendment is defective and misleading for a variety
of reasons, including, but not limited to, the following:
1. Voluntary annexation is not defined in the question or charter amendment
presented to the voters.
2. The proposed amendment does not place into the charter the procedures and
standards for "voluntary annexation" as required by Section 171.044(4).
3. The proposed charter amendment authorizes, but does not mandate the County
Commission to pass an ordinance dealing with "voluntary annexation."
4. If an ordinance is passed by the County Commission, it can be amended at any
time by the County Commission.
5. The proposed charter amendment does not indicate that the provisions of Chapter
171.044, Florida Statutes, will not be available to property owners, if the charter
amendment is adopted.
6. The proposed charter amendment deals with several subjects.
7. The County Commission has been disingenuous in its discussion and
descriptions of the charter amendment as current State law requires all
annexations to be voluntary by a majority of the property area and/or the
majority of voters (of people residing in the area to be annexed) voting in a
referendum to be in favor of the annexation, for an annexation to take place.
8. The proposed charter amendment does not require the consent of the
municipality to effect an annexation into the municipality; and
WHEREAS, if the referendum is passed by a majority of the voters of Palm Beach
County, property owners and municipalities will be uncertain as to the process and validity of
annexation action; and
WHEREAS, the Village of North Palm Beach, Florida, its citizens, and neighbors
have a strong interest in having clear and concise procedures and criteria for the annexation of
properties into municipal boundaries; and
2
WHEREAS, the proposed charter amendment does not provide clear guidelines, could
be the subject of ongoing change and confusion, and subjects the annexation process to
• potential abuse; and
WHEREAS, the Palm Beach County League of Cities and its Board of Directors strongly
oppose the proposed referendum action; and
WHEREAS, it is in the best interest of the Village of North Palm Beach, Florida, that the
Village Council keep its citizens informed of the infirmities of the proposed charter amendment
by publishing information in the Village newsletter and on the Village website.
NOW THEREFORE, THE VILLAGE OF NORTH PALM BEACH, FLORIDA, FINDS
AND RESOLVES AS FOLLOWS:
Section 1. The foregoing recitals are hereby affumed and ratified as being true and correct.
Section 2. That the proposed charter amendment is confusing and its implications are
unable to be understood by the average voter because the Palm Beach County Commission has
refused to enact appropriate definitions and standards to clarify what the proposed ordinance
relating to annexations would actually state.
Section 3. That because of the impending referendum on November 2, 2004, the
Village Council of the Village of North Palm Beach, Florida, is bound to inform its residents of
the effects of the proposed referendum action.
-_ - -
Section 4. That the Village Council of the Village of North Palm Beach, Flon a,
joins the Palm Beach County League of Cities, Inc., in strongly opposing the proposed
annexation referendum and further; encourages its residents to vote NO on the ballot question.
Section 5. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this 14th day of OCTOBER, 2004.
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