Loading...
26-001 ORDINANCE NO. 26-001 1 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 2 VOLUNTARILY ANNEXING APPROXIMATELY 0.91 ACRES OF 3 UNINCORPORATED TERRITORY LOCATED AT 3045 NORTH FEDERAL 4 HIGHWAY, INTO THE CORPORATE LIMITS OF THE CITY PURSUANT 5 TO SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR THE 6 ANNEXATION OF THE PROPERTY DESCRIBED HEREIN; PROVIDING 7 PUBLICATION OF NOTICE OF THE PROPOSED ANNEXATION; 8 DIRECTING THE CITY CLERK TO RECORD THIS ORDINANCE WITH 9 THE CLERK OF THE CIRCUIT COURT, WITH THE CHIEF 10 ADMINISTRATIVE OFFICER OF PALM BEACH COUNTY, AND WITH 11 THE DEPARTMENT OF STATE; PROVIDING A BUSINESS IMPACT 12 ESTIMATE; PROVIDING FOR CONFLICTS; SEVERABILITY; AND AN 13 EFFECTIVE DATE. 14 15 WHEREAS, the City of Boynton Beach, Florida (the "City") is a municipal corporation 16 organized and existing under the laws of the State of Florida; and 17 WHEREAS, Section 166.021, Florida Statutes, as amended, empowers the City 18 Commission to annex real property into the corporate boundaries of the City; and 19 WHEREAS, Sections 171.011 through 171.094, Florida Statutes, as amended, the 20 Municipal Annexation or Contraction Act, empowers the City Commission to annex real 21 property into the corporate boundaries of the City, pursuant to a petition voluntarily filed by 22 the owner of certain real property; and 23 WHEREAS, the property located at 3045 North Federal Highway, as further described 24 and depicted in Exhibit A attached hereto and incorporated herein by reference (the 25 "Property") is currently located in unincorporated Palm Beach County, Florida; and 26 WHEREAS, the Property is contiguous to the existing corporate limits of the City as 27 depicted in Exhibit B attached hereto and required by Section 171.044, Florida Statutes; and 28 WHEREAS, the Property Owner has executed a Petition for Voluntary Annexation and 29 an Owner's Consent Form with the City,which expressly consents to voluntary annexation upon 30 satisfaction of all statutory requirements; and 31 WHEREAS, the City has furnished the Board of County Commissioners of Palm Beach 32 County a copy of the published notice of annexation by certified mail no sooner than ten (10) 33 days before said publication, and said action is hereby ratified and confirmed by the City 34 Commission; and The Hammocks at Boynton Beach Annexation Ordinance ORDINANCE NO. 26-001 35 WHEREAS, all conditions precedent for annexation have been satisfied, including: 36 1. The Property is contiguous to the existing municipal boundaries; 37 2. The Property Owner has consented to annexation through the Owner's Consent 38 Form and a Petition for Voluntary Annexation; 39 3. All notice requirements of Section 171.044, Florida Statutes, have been satisfied; 40 4. The required public hearings were held on March 3, 2026, and March 17, 2026 41 with proper notice given; 42 5. The annexation is consistent with the City's Comprehensive Plan; and 43 WHEREAS, all other procedural and notice requirements mandated by State law and 44 the City's Charter and Code of Ordinances have been followed and satisfied; and 45 WHEREAS, the City has performed a business impact estimate pursuant to 46 §166.041(4)(c), Florida Statutes, and determined that adoption of this ordinance: 47 (1) serves a public purpose by serving the public health, safety, morals, and welfare of 48 the City, 49 (2) has no direct negative economic impact on private, for-profit businesses in the city, 50 (3) will not result in direct compliance costs for businesses, 51 (4) does not impose any new charge or fee on businesses for which businesses will be 52 financially responsible, 53 (5) does not create any additional municipal regulatory cost that is not recovered 54 appropriately and lawfully by the City; and 55 WHEREAS, the City Commission finds that annexation of the Property serves the public 56 interest by promoting orderly municipal growth, extending municipal services, and 57 incorporating areas already receiving City water service into the municipal tax base; and 58 WHEREAS, the City Commission finds that the Property Owner has requested and is 59 located within water service area of the City, demonstrating the reasonableness and necessity 60 of annexation; and 61 WHEREAS, Section 171.044, Florida Statutes, authorizes municipal annexation of 62 contiguous unincorporated territory under the circumstances present herein. The Hammocks at Boynton Beach Annexation Ordinance ORDINANCE NO. 26-001 63 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 64 BOYNTON BEACH, FLORIDA, THAT: 65 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 66 being true and correct and are hereby incorporated herein and made a part hereof. 67 Section 2. FINDINGS 68 The City Commission hereby finds and determines that: 69 A. All of the recitals set forth above are true and correct and are hereby incorporated 70 by reference. 71 B. The Property described and depicted in Exhibit A is contiguous to the existing 72 corporate limits of the City. 73 C. The Property Owner has consented to annexation through the executed Petition for 74 Voluntary Annexation and Owner's Consent Form. 75 D. All statutory requirements for voluntary annexation under Section 171.044, Florida 76 Statutes, have been satisfied. 77 E. Proper notice of the public hearing was given as required by law. 78 F.The annexation will not result in the creation of an enclave of unincorporated territory. 79 G. The annexation serves the public interest and promotes orderly municipal 80 development. 81 Section 3. ANNEXATION 82 The real property described in Exhibit A attached hereto and incorporated herein by 83 reference is hereby annexed into the corporate limits of the City of Boynton Beach, Florida, and 84 shall become a part of the City for all purposes, effective upon the date this ordinance becomes 85 effective. 86 Section 4. BOUNDARIES 87 Upon the effective date of this ordinance, the City's corporate limits shall be extended to 88 include the Property described in Exhibit A. The City Clerk and Director of Planning and 89 Development are hereby authorized and directed to: 90 A. Prepare an amended corporate limits map showing the annexation of the Property; The Hammocks at Boynton Beach Annexation Ordinance ORDINANCE NO. 26-001 91 B. File appropriate documentation with the Florida Department of Revenue pursuant to 92 Section 171.07, Florida Statutes; 93 C. Within 7 days after adoption of this Ordinance, file a certified copy of this Ordinance 94 with the Palm Beach County Administrator, Palm Beach County Supervisor of Elections,Tax 95 Collector, Property Appraiser, Department of State, Clerk of Court, and other appropriate 96 officials of the annexation; 97 D. Within 7 days after adoption of this Ordinance, record this ordinance in the public 98 records of Palm Beach County, Florida; and 99 E.Take all other actions necessary to effectuate the annexation. 100 Section 5. MUNICIPAL SERVICES 101 Upon the effective date of this ordinance: 102 A. The Property shall be entitled to receive all municipal services provided by the City to 103 similarly situated properties within the City; 104 B. The Property shall be subject to all City ordinances, regulations, and requirements 105 applicable to properties within the City; 106 C. The Property shall be subject to City ad valorem taxation beginning with the next tax 107 year following annexation; and 108 D.All City development regulations, building codes,and land use requirements shall apply 109 to the Property. 110 Section 6. POWER OF ATTORNEY AUTHORIZATION 111 The City Manager and City Clerk are hereby authorized to execute, on behalf of the City 112 any additional documents that may be required to complete the annexation process, including, 113 but is not limited to, execution of boundary survey certifications; execution of any state- 114 required annexation forms; execution of documents required by the Florida Department of 115 Revenue; and any other documents reasonably necessary to effectuate the annexation. 116 Section 7. COMPLIANCE WITH STATE LAW 117 This annexation is adopted in full compliance with Section 171.044, Florida Statutes, 118 and all other applicable state laws and constitutional requirements. The City Commission 119 hereby certifies that: proper notice was given as required by Section 171.044(2), Florida The Hammocks at Boynton Beach Annexation Ordinance ORDINANCE NO. 26-001 120 Statutes; two public hearings were conducted as required by Section 171.044, Florida Statutes; 121 the Property is reasonably compact and contiguous to the City; the Property Owner has 122 consented to the annexation; and the annexation serves a municipal purpose. 123 Section 8. BUSINESS IMPACT ESTIMATE 124 Pursuant to Section 166.041(4), Florida Statutes, the City is required to prepare a 125 business impact estimate for certain proposed ordinances.This proposed ordinance voluntarily 126 annexes land into the City of Boynton Beach. The voluntary annexation of land into the City 127 (1) serves a public purpose by serving the public health, safety, morals, and welfare of the City, 128 (2) has no direct negative economic impact on private, for-profit businesses in the city, (3) will 129 not result in direct compliance costs by businesses, (4) does not impose any new charge or fee 130 or businesses for which businesses will be financially responsible, and (5) does not create any 131 additional municipal regulatory cost which is not recovered appropriately and lawfully by the 132 City. Thus, it is estimated that neither residents nor any businesses will incur additional costs. 133 The City does not seek to impose any additional user or regulatory fees or charges, nor are any 134 direct compliance costs expected. The Business Impact Estimate form for this ordinance is on 135 file with the City Clerk. 136 Section 9. CODIFICATION 137 That Section 6 of the Charter of the City of Boynton Beach, Florida, is hereby amended 138 to reflect the annexation of land more particularly described in Exhibit A. 139 Section 10. CONFLICTS AND SEVERABILITY 140 If any clause, section, or other part or application of this Ordinance shall be held by any 141 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid 142 part or application shall be considered as eliminated and so not affect the validity of the remaining 143 portions or applications remaining in full force and effect. 144 Section 11. EFFECTIVE DATE 145 This Ordinance shall become effective immediately upon passage. 146 [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 147 The Hammocks at Boynton Beach Annexation Ordinance ORDINANCE NO. 26-001 148 FIRST READING this 3_day of_ � �c�� , 2026. 149 SECOND, FINAL READING AND PASSAGE this a3day of '[Lo .> , 2026. 150 151 CITY OF BOYNTON BEACH, FLORIDA 152 YES NO 153 154 Mayor- Rebecca Shelton ✓ 155 156 Commissioner- Mack McCray ✓ 157 158 Commissioner-Angela Cruz ✓ 159 J.C.c..ve)c,-y - 160 Thomas Turkin ✓ 161 162 Commissioner-Aimee Kelley ✓ 163 164 VOTE 5-0 165 166 167 168 ATTEST: 169 QD � - 170 �ce/or./7 .¢../ 'c >7240.Kg- 171 Tammy Stankone, Rebecca Shelton 172 Deputy City Clerk Mayor 173 174 ��NT• •O N B`��� APPROVED AS TO FORM: .• oRAr••.F' 1 175 (Corporate Seal) ; kre F •:n 11 176 fo :o � VA� ? �, A4,1/4' 177 I c�: CrOCAN• : 178 f4� ::N 1920 •: S Shawna G. Lamb 179 11,' �•••••....••\� 180Q. .' City Attorney FLOR The Hammocks at Boynton Beach Annexation Ordinance ORDINANCE NO. 26-001 EXHIBIT A LEGAL DESCRIPTION AND DEPICTION OF PROPERTY SKETCH OF DESCRIPTION EXHIBIT "A" SI-EET 1 OF 2 DESCRIPTION: ALL THAT PART OF THE NORTH 100 FEET OF THS" SOUTH 25902 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, IN PALM BEACH COUNTY, FLORIDA, LYING EAST OF THE FEDERAL HIGHWAY NO. 1. AND ALSO: ALL THAT PART OF LOT 'C'; IN KING'S SUBDIVISION IN SECTION 4, TOWNS/-IP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20, PAGE 47, RELIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BOUWED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT C: RUW 4NG TI•ENCE NORTHEASTERLY ALONG THE WESTERLY LIRE OF SAID LOT 'C'; A DISTANCE OF 80 FEET; THENCE SOUTHEASTERLY IN A STRAIGHT LIFE TO THE SOUTHEAST CORDER OF SAID LOT "C'; TI-INCE WEST ALONG THE SOUTH LIFE OF SAID LOT "C" TO THE POINT OF BEGINIVNG, LESS THE WEST 170 FEET THEREOF. OVERALL PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINAING AT THE SOUTHEAST CORNER OF LOT SAID LOT C; THENCE S.2° 0958"E. ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 4, A DISTANCE OF 100.17 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 100.16 FEET OF THE SOUTHERLY 259.02 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE S.88°0040"W., ALONG SAID SOUTHERLY LINE, A DISTANCE OF 314.97 FEET TO THE EAST RIGHT OF WAY LINE OF NORTH FEDERAL I-IGHWAY AS NOW LAID OUT AND IN USE; THENCE N.16°46'00'E, ALONG SAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 180.08 FEET; THENCE S.56°3041'E, A DISTANCE OF 266.18 FEET TO THE POINT OF BEGINAING. rpa u I D Digitally signed by Paul D Engle Engle 11ate:524:07-0500'2 PALL D. ENVGLE SLRVEYOR& MAPPER NO 5708 DATE DECEAeER 22 2025 ENGLE LAW SLRVEYff'4 LLC. CERTRICATE OF AUTHORIZATION ILB8447 SLRVEYOR AW MAPPER IN RESPONSE CHARGE: PALL D. ENGLE 8033 STIRRER CAY COURT, 4 ORDER NO 22-52 ANNEXATION DESCRIPTION BOYN41 9 8h4 FLORIDA 33436 (56J) 441-44938 The Hammocks at Boynton Beach Annexation Ordinance ORDINANCE NO. 26-001 SKETCH OF DESCRIPTION b EXHIBIT A" SHQEET2OF2 W 5Q. corAms / l ff• (FCar U �. ' t1 M i‘N --'".'eV p4�4j') LOT C(RAT WO<2a PAGE 47) itt, �/ �� .5.' (SOUTH OE LOT C Ii —T r LPT C APD POINT CC BEC/•Nc `k ? !. ! r I TOTALAREAa9 C , au 8 GSC0 NOT SHOWNa`DED r ARca BOOK 2a ii so- ii PAGE 17 IW I • / .314.9P S88°OlY4o w ..4 ?,,0 LOT 8(FLAT 9X'(2R PAGE 47) nqc i (6~� $SU 41 cc i �^ iv TI SOUTH LOW OF E REV<OF 0 L = (INTERLINE SW.V4 OF THE NE.1/4 W OF TOV THS IS NOT A SLRVEY 4.TOONS '46 43 NOTE ALL BOUNDARY LIES AND ANW AR D1A.NSIONS ARE PLAT AND SLRVEY UNLESS STATED OTHERWISE. ALL DMbENSIONS SHAOWN I-EREON ARE BASED ON ME STANDAR) US FOOT. ThE EAST RIGHT OF WA Y LIE FOR NORTH FEDERAL H( •IWAY IS ASSUvED TO BEAR DATE DECEWER 22 2025 N 1I6°46'00'. ENGLE LAND SLRVEYhVG, LW CERTFICATE OF AUTHORIZATION ILB8447 SLRVEYOR AND MAPPER Al RESPONSIBLE CHARLIE PALL D. ENGLE 8033 STIRRL.P CAY COURT, 41-44938938 ORDER NO 22-52 AM,EXATION CESCRIPTION (561) 441-4938 441 BOYNFLCa41DA 33436 • The Hammocks at Boynton Beach Annexation Ordinance ORDINANCE NO. 26-001 EXHIBIT B CONTIGUITY MAP Contiguity Map /(5- - • _. BOYNTON 3045 N FEDERAL HWY(00-43-46-04-00-000-1030&00-4346-04-124)00-0130) • t w c H V ': c. ' 'r • —- . lipit... ., , jvp. .• (..--- tix k t sv. rr ?, '.. - .. .lial 4100,104 - l : Ili. -462ffE :411,Y k Y • ii.• : ) \)•• Legend Q See Una.. • Xt. -_ its NaM The Hammocks at Boynton Beach Annexation Ordinance