HomeMy WebLinkAbout1990 - Annexation service related issues for reviewPOST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
M E M 0 R A N D U M
DATE: January 19, 1990
TO: Annexation Committee
FROM: Peter Jones
City Planhe
RE: Annexation Service Related Issues
For Review and Discussion
Per the Committee's discussions regarding analyzing the
various infrastructure, delivery and safety systems involved
in the development of the City's future annexation policies,
the following list of systems is for the Committee's review
and discussion. Data (current status, future service needs,
potential impacts, etc.) is available for each and can
quickly be assembled and documented prior to, and for
information and discussion purposes at a Council Workshop.
1. Wastewater Collection G Treatment
- current systems
- county -wide system plan and schedule for
availability
- environmental considerations
- jurisdictional considerations
2. Potable Water
- current systems
- county -wide system plan and schedule for
availability
- environmental considerations
3. Solid Waste Collection and Disposal
- current system
- county -wide system plan and schedule for
availability
January 19, 1990
Annexat ion Issues Memo
Page Two
9. Drainage/Storm Water Management
- existing system(s)
- future requirements
- model stormwater program
5. Police Protection
- existing service provisions
- future requirements
- program needs to meet requirements
- jurisdictional requirements
6. Fire/Safety Protection
— existing service provisions
- future requirements
- program needs to meet requirements
- jurisdictional requirements
7. Transportation
- existing road network assessment
- maintenance requirements
- future circulation needs
8. Environmental Assessment
- significant areas
- management program
9. Historic Resources
10. Future Land Use
- potential uses
- fit into surrounding context
- effect on above service needs
S. 1997
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F.5.1997 MUNICIPAL ANNEXATION OR CONTRACTION
CHAPTER 171
MUNICIPAL ANNEXATION OR CONTRACTION
171011
Short title.
171021
Purpose.
171022
Preemption: effect on special laws.
171031
Definitions.
171.0413
Annexation procedures.
171.042
Prerequisites to annexation.
171043
Character of the area to be annexed.
171044
Voluntary annexation.
171,045
Annexation limited to a single county.
171,051
Contraction procedures.
171,052
Crileria for contraction of municipal bounda.
ries.
171.061
Apportionment of debts and taxes in annex.
alions or contractions.
171.062
Effects of annexations or contractions.
171,071
Effect in Dade County.
I7061
Appeal on annexation or contraction.
171.091
Recording.
171.011 Short title.—This chapter shall be known
and may be tiled as the'Municlpal Annexation or Coni
fraction Act.'
Maori a I.. ra-,w
171.021 Purpose.—The purposes of this act are to
set Ienh procedures for adjusting the boundaries of mu.
nicipalities through annexations or contractions of cor-
porate limits and to set forth criteria for determining
when annexations or contractions may take place so as
to
(1) Insure sound urban development and accommo
dation to growth.
(2) Establish uniform legislative standards through.
oal the state for the adjustment of municipal bounds.
ries
(3) Insure the efficient provision of urban services to
areas that become urban in character.
(4) Insure that areas are not annexed unless munici
pal services can be provided to those areas.
1111". a. I, ch 1a-190
171.022 Preemption; effect on special laws.—
(1) It is further the purpose of this act to provide via.
bea and usable general law standards and procedures
for adjusting the boundaries of municipalities in this
slate.
(2) The provisions of any special act or municipal
charter relating to the adjusting of municipal boundaries
m effect on October 1, 1974, are repealed except as olh.
erwise provided herein.
lath-. r. 74-199.
171.031 Definitlons.—As used in this chapter, the
(Wowing words and terms have the following meanings
unless some other meaning is plainly indicated
(1) 'Annexation' means the adding of real properly
to the boundaries of an incorporated municipality, such
addition making such real properly in every way a part
of the municipality.
Ch. 171
(2) -Contraction' means the reversion of real proper-
ty within municipal boundaries to an unincorporated sta-
tus.
(3) 'Municipality means a municipality created pur-
suant to general or special law authorized or recognized
pursuant to s. 2 or s. 6, Art. VIII of the State Constitution.
(4) 'Newspaper of general circulalion' means a
newspaper printed in the language most commonly spo-
ken in the area within which it circulates, which is readily
available for purchase by all Inhabitants in its area of cir-
culation, but does not include a newspaper intended pri-
marily for members of a particular professional or occu-
pational group, a newspaper whose primary function is
to carry legal notices, or a newspaper that is given away
primarily to distribute advertising.
(5) 'Parties affected' means any persons or firms
owning property in, or residing in, either a municipality
proposing annexation or contraction or owning property
that is proposed for annexation to a municipality or any
governmental unit with jurisdiction over such area.
(6) "Ouahhed voter' means any person registered to
vote in accordance with law.
(7) 'Sufficiency of petition' means the verification of
the signatures and addresses of all signers of a petition
with the voting list maintained by the county supervisor
of elections and certification that the number of valid sig-
natures represents the required percentage of the total
number of qualified voters in the area affected by a pro-
posed annexation.
(8) 'Urban in character' means an area used inten-
sively for residential. urban recreational or conservation
parklands, commercial, industrial, institutional, or gov-
ernmental purposes or an area undergoing development
for any of these purposes.
(9) "Urban services" means any services offered by
a municipality, either directly or by contract, to any of its
present residents,
(10) "Urhan purposes" means that land is used inten-
sively for residential, commercial, industrial, Institutional,
and governmental purposes, including any parcels of
land retained in their natural slate or kept free of devel-
opment as dedicated greenbelt areas,
(11) 'Contiguous" means that a substantial part of a
boundary of the territory sought to be annexed by a mu-
nicipality is coterminous with a part of the boundary of
the municipality. The separation of the territory sought
to be annexed from the annexing municipality by a pub-
licly owned county park; a right-of-way for a highway,
road, railroad, canal, or utility; or a body of water, water-
course, or other minor geographical division of a similar
nature, running parallel with and between the territory
sought to be annexed and the annexing municipality.
shall not prevent annexation under this act, provided the
presence of such a division does not, as a practical mat
ler, prevent the territory sought to be annexed and the
annexing municipality from becoming a unified whole
with respect to municipal services or prevent [heir mined
items from tufty associating and trading with each other,
socially and economically. However, nothing herein shall
983
Ch. 171 MUNICIPAL ANNEXATION OR CONTRACTION _ F.S. 1917 !1 `._ M.1M7
be construed to allow local rights-ol-way, utility ease.
ments, railroad rights-of-way, or like entities to be an.
nexed in a corridor fashion to gain contiguity: and when
any provision or provisions of special law or laws prohibit
the annexation of territory that is separated (ram the an.
nexing municipality by a body of water or watercourse,
then that law shall prevent annexation under [his act.
(12) 'Compactness' means concentration of a piece
of property in a single area and precludes any action
which would create enclaves, pockets, or finger areas
in serpentine patterns. Any annexation proceeding in
any county in the slate shall be designed in such a man.
ner as to ensure that the area will be reasonably com-
pact.
his s I ch. 74-190: a. I, Ch 75-297.9 75, Ch 81x58:9 1, ch. &-14.
171.0413 Annexation procedures.—Any municipal
ity may annex contiguous, compact, unincorporated ter-
ritory in the following manner:
(1) An ordinance proposing to annex an area of con-
tiguous, compact, unincorporated territory shall be
adopted by the governing body of the annexing munici
pality pursuant to the procedure for the adoption of a
nonemergency ordinance established by s. 150.041.
Each such ordinance shall propose only one reasonably
compact area to be annexed. However, prior to the ordi.
nance of annexation becoming effective, a referendum
on annexation shall be held as set out below, and, if ap
proved by the referendum, the ordinance shall become
effective 10 days after the referendum or as otherwise
provided in the ordinance, but not more than 1 year fol
lowing the date of the referendum.
(2) Following the final adoption of the ordinance of
annexation by the governing body of the annexing mu-
nicipality, the ordinance shall be submitted to a separate
vote of the registered electors of the annexing munici-
pality and of the area proposed to he annexed. The rel
erendum on annexation shall be called and conducted
and the expense (hereof paid by the governing body of
the annexing municipality,
(a) The referendum on annexation shall be held at
the next regularly scheduled election following the final
adoption of the ordinance of annexation by the govern-
ing body of the annexing municipality or at a special
election called for the purpose of holding the referen-
dum. However, the referendum, whether held at a regu-
larly scheduled election or at a special election, shall not
be held sooner than 30 days following the final adoption
of the ordinance by the goveming body of the annexing
municipality.
(b) The governing body of the annexing municipality
shall publish notice of the referendum on annexation at
leas( once a week for the 4 consecutive weeks immedi-
ately preceding the date of the referendum in a newspa-
per of general circulation in the area in which the referen
dum is to be held. The notice shall give the ordinance
number, the time and places for the referentlum, and a
brief, general description of the area proposed to be an
nexed. The description shall include a map clearly show.
ing the area and a statement that the complete legal de-
scription by metes and bounds and the ordinance can
be obtained from the office of the city clerk.
(c) On the day of the referendum on annexation
there shall be prominently displayed at each polling
place a copy of the ordinance of annexation and a de
scription of the property proposed to be annexed. The
description shall be by metes and bounds and shall in
clude a map clearly showing such area.
(d) Ballots or mechanical voting devices used in the
referendum on annexation shall offer the choice'For an
nexalion of property described in ordinance number
of the City of _' and 'Against annexation of
properly described in ordinance number_ of the City,
of _' in that order.
(e) If there is a separate majority vote for annexation
in the annexing municipality and in the area proposed
to be annexed, the ordinance of annexation shall be
come effective on the effective date specified thereln
If there is a majority vote against annexation in either the
annexing municipality or in the area proposed to be an
nexed, or in both, the ordinance shall not become effec
live, and the area proposed to be annexed shall not be
the subject of an annexation ordinance by the annexing
municipality for a period of 2 years from the date of the
referendum on annexation.
(3) Any improved parcel of land which is owned by
one individual, corporation, or legal entity, or owned col
lectively by we or more individuals, corporations, or to
gal entities, proposed to be annexed under the provi.
sions of this act shall not be severed, separated, divid
ed, or partitioned by the provisions of said ordinance,
but shall, if intended to be annexed, or !(annexed, under
the provisions of this act, be annexed in its entirely and
as a whole. However, nothing herein contained shall be
construed as affecting the validity or enforceability of
any ordinance declaring an intention to annex land un
der the existing law that has been enacted by alnunici.
polity prior to July 1, 1975. The owner of such property
may waive the requirements of this subsection if such
owner does not desire all of his tract or parcel included
in said annexation.
(4) Except as otherwise provided in this law, the an
nexation procedure as set forth in this section shall coo
slitute a uniform method for the adoption of an ordi.
nance of annexation by the governing body of any mo
nicipality in this state, and all existing provisions of spa
tial laws which establish municipal annexation proce.
dures are repealed hereby: except that any provision or
provisions of special law or laws which prohibit annexa.
tion of territory that is separated from the annexing mu
nicipalily by a body of water or watercourse shall not be
repealed.
✓ (5) If more than 70 percent of the land in an area pro
posed to be annexed is awned by individuals, corpora
lions, of legal entities which are not registered electors
of such area, such area shall not be annexed unless the
owners of more than 50 percent of the land in such area
cyn=eat to such annexation. Such consent shall be ob
tained by the parties proposing the annexation prior to
the referendum to be held on the annexation.
Mabry. r. z Ch 75-51, a. I, Ch 76178: s. 41. Ch 77 -IN. a 1. Ch.
s 76. Ch 81-2e): f I. N 86113
984
171.042 Prerequisites to annexation.—
(1) Prior to commencing the annexation procedures
� r•31
1987 F.5.1987
MUNICIPAL ANNEXATION ON CONTRACTION
under s. 171.0413, the governing body of the municipali-
ty shall prepare a report setting forth the plans to pro-
vide urban services to any area to be annexed, and the
report shall include the following:
(a) A map or maps of the municipality and adjacent
territory showing the present and proposed municipal
boundaries, the present major trunk water mains and
sewer interceptors and curtails, the proposed exten.
sions of such mains and outfalls, as required in para.
graph (c), and the general land use pattern in the area
to be annexed.
(b) A statement certifying that the area to be an-
nexed meets the criteria in s. 171.043
(c) A statement setting forth the plans of the munici.
pality for extending to the area to be annexed each ma-
jor municipal service performed within the municipality
at the time of annexation. Specifically, such plans shall:
1. Provide for extending urban services except as
otherwise provided herein to the area to be annexed on
the date of annexation on substantially the same basis
and in the same manner as such services are provided
within the rest of the municipality prior to annexation.
2. Provide for the extension of existing municipal
water and sewer services into the area to be annexed
so that, when such services are provided, properly own-
ers in the area to be annexed will be able to secure pub-
lic water and sewer service according to the policies in
effect in such municipality for extending water and sew-
er lines to individual lots or subdivisions.
3. If extension of major trunk water mains and sew-
er mains into the area to be annexed is necessary, set
forth a proposed timetable for construction of such
mains as seen as possible following the effective date
of annexation.
4. Set forth the method under which the municipali
ty plans to finance extension of services into the area to
be annexed.
(2) Prior to commencing the annexation procedures
under s 171.0413, the governing body of the municipali-
ty shall file a copy of the report required by this section
with the board of county commissioners of the county
wherein the municipality is located.
III—%N 3. M
,m V_IV. a
eae ;a 3. U.& -2a1
✓171.043 Character of the area to be annexed.—A
municipal governing body may propose to annex an
area only 8 it meets the general standards of subsection
(1) and the requirements of either subsection (2) or sub-
section (3).
(1) The total area to be annexed must be contiguous
to the municipality's boundaries at the time the annexa -
lion proceeding is begun and reasonably compact, and
no pad of the area shall be included within the boundary
of amother incorporated municipality.
, (2) Part or all of the area to be annexed must be de.
veloped for urban purposes. An area developed for ur.
ban purposes is defined as any area which meets any
one of the following standards:
}(a) It has a total resident population equal to at least
two persons for each acre of land included within its
boundaries;
Ch. 171
7f (b) It has a total resident population equal to at least
one person for each acre of land included within Its
boundaries and is subdivided into lots and tracts so that
at least 60 percent of the total number of lots and tracts
are 1 acre or less in size; or
(c) It is so developed that an least 60 percent of the
total number of lots and tracts in the area at the time of
annexation are used for urban purposes, and it is subdi-
vided into Iota and tracts so that at least 60 percent of
the total acreage, not counting the acreage used at the
time of annexation for nonresidential urban purposes,
consists of lots and tracts 5 acres or less in size.
(3) In addition to the area developed for urban pur-
poses, a municipal governing body may include in the
area to be annexed any area which does not meet the
requirements of subsection (2) if such area either:
(a) Lies between the municipal boundary and an
area developed for urban purposes, so that the area de.
veloped for urban purposes is either not adjacent to the
municipal boundary or cannot be served by the munici.
pality without extending services or water or sewer lines
through such sparsely developed area; or
(b) Is adjacent, on at least 60 percent of Its external
boundary, to any combination of the municipal boundary
and the boundary of an area or areas developed for ur-
ban purposes as defined in subsection (2).
The purpose of this subsection is to permit municipal
governing bodies to extend corporate limits to include
all nearby areas developed for urban purposes and,
where necessary, to include areas which at the time of
annexation are not yet developed for urban purposes
whose future probable use is urban and which consti-
tute necessary land connections between the munici.
pality and areas developed for urban purposes or be.
tween two or more areas developed for urban purposes.
111.1m. a I.. 2x-Iw. . 2.. 76116
171.044 Voluntary annexation.—
(1) The owner of owners of real property in an unin-
corporated area of a county which is contiguous to a mu.
nicipality and reasonably compact may petition the gov-
erning body of said municipality that said properly be
annexed to the municipality.
(2) Upon determination by the governing body of the
municipality that the petition bears the signatures of all
owners of property in the area proposed to be annexed,
the governing body may, at any regular meeting, adopt
a nonemergency ordinance to annex said property and
redefine the boundary lines of the municipality to include
said properly. Said ordinance shall be passed after no.
tice of the annexation has been published once a week
for 4 consecutive weeks in some newspaper in such city
or town or, if no newspaper is published in said city or
town, then in a newspaper published in the same won.
ty; and if no newspaper is published in said county, then
at least three printed copies of said notice shall be post.
ad for 4 consecutive weeks at some conspicuous place
in said city or town. The notice shall give the ordinance
number and a brief, general description of the area pro-
posed to be annexed. The description shall include a
map clearly showing the area and a statement [hal the
complete legal description by metes and bounds and
985
Ch. 171 MUNICIPAL ANNEXATION OR CONTRACTION F.S.1987 V, F.S. 1987
the ordinance can be obtained from the office of the city
clerk.
(3) An ordinance adopted hereunder shall be filed
with the clerk of the circuit court of the county in which
the municipality is located and with the Department of
Stale.
(4) The method of annexation provided by this sec
tion shall be supplemental to any other procedure pro.
vided by general or special law, except that this section
shall not apply to municipalities in counties with charters
which provide for an exclusive method of municipal an.
nexation.
(5) Land shall not be annexed through voluntary an.
nexation when such annexation results in the creation
of enclaves.
altlory, s. 1, ch i, -19a, aa, 4,5.tl 75-2n alCh 76-176s. 2.M% -us
171.045 Annexation limited to a single county. In
order for an annexation proceeding to be valid for the
purposes of this chapter, the annexation must take
place within the boundaries of single county.
111 :. 2, crt 74 -IW
171.051 Contraction procedures.—Any municipali-
ty may initiate the contraction of municipal boundaries
in the following manner:
(1) The governing body shall by ordinance propose
the contraction of municipal boundaries, as described in
the ordinance, and provide an effective date for the con-
traction.
(2) A petition of 15 percent of the qualified voters in
an area desiring to be excluded from the municipal
boundaries, filed with the clerk of the municipal govern-
ing body, may propose such an ortlinance. The munici
polity to which such petition is directed shall immediate
ly undertake a study of the feasibility of such proposal
and shall, within 6 months, either initiate proceedings
under subsection (1) or reject the petition, specifically
staling the facts upon which the rejection is based.
(3) After introduction, the contraction ordinance
shall be noticed at least once per week for 4 successive
weeks in a newspaper of general circulation in the mu-
nicipality, such notice to describe the area to be exclud-
ed. Such description shall include a statement of find.
ings to show that the area to be excluded fails to meet
the criteria of s. 171.043, set the time and place of the
meeting at which the ordinance will be considered, and
advise that all parties affected may be heard.
(4) If, at the meeting held for such purpose, a peti-
tion is filed and signed by at least 15 percent of the quali-
fied voters resident in the area proposed for contraction
requesting a referendum on the question, the governing
body shall, upon verification, paid for by the municipah.
ty, of the sufficiency of the petition, and before passing
such ordinance, submit the question of contraction to a
vote of the qualified voters of the area proposed for con
traction, or the governing body may vote not to contract
the municipal boundaries,
(5) The governing body may also call for a referen-
dum on the question of contraction on its awn volition
and in the absence of a petition requesting a referen-
dum.
(6) The referendum, if required, shall be held at the
next regularly scheduled election, or, If approved by a
majority of the municipal governing body, at a special
election held prior to such election, but no sooner than
30 days after verification of the petition or passage of
the resolution or ordinance calling for the referendum.
(7) The municipal governing body shall establish the
date of election and publish notice of the referendum
election at least once a week for the 4 successive weeks
immediately prior to the election in a newspaper of gen
eral circulation in the area proposed to be excluded a
in the municipality Such notice shall give the lime and
places for the election and a description of the area to
be excluded, which shall be both in metes and bounds
and in the form of a map clearly showing the area pro
posed to be excluded.
(8) Ballots or mechanical voting devices shall otla
the choices 'For deannexation' and "Against deannexe
lion: in that order.
(9) A majority vole 'For deannexation' shalt cause
the area proposed for exclusion to be so excluded upon
the effective date set in the contraction ordinance
(10) Amajority vote"Against deannexation"shall pm
vent any part of the area proposed for exclusion Irom be
Ing the subject of a contraction ordinance for a period
of 2 years from the date of the referendum election
Hreron.—s t cn 74-190.
171.052 Criteria for contraction of municipal
boundaries.—
(1) Only those areas which do not meet the criteria
for annexation in s 171.043 may be proposed for exdu
sion by municipal governing bodies, If the area proposed
to be excluded does not meet the criteria of s. 171043.
but such exclusion would result in a portion of the mum
ipalily becoming noncontiguous with the rest of theme
nicipelity, then such exclusion shall not be allowed
(2) The ordinance shall make provision for span,
tionmenl of any prior existing debt and properly.
HHmm. s. 1. Ch 74-1m.
171.061 Apportionment of debts and taxes in an
nexations or contractiens.—
(1) The area annexed to a municipality shall be sib
ject to the taxes and debts of the municipality upon ne
effective dale of the annexation. However, the anne+M
area shall not be subject to municipal ad valorem to,e
lion for the current year if the effective date of the ai
ation falls alter the municipal governing body levies slxn
lax.
(2) The municipal governing body, In the evenlols,
elusion of territory, shall reach agreement with the can
ty governing body to determine what portion, it any, of
the existing indebtedness or properly of the municipally
shall be assumed by the county of which the excluded
territory will become a part, the fair value of such Ind al
artiness or property, and the manner of transfer and L
nancing.
HWCr, s I. ch 74-190
171.662 Effects of annexations or contraatkiri
(1) An area annexed to a municipality shall be M
jeer to all laws, ordinances, and regulations In farm la
that municipality and shall be entitled to the same Ph'
leges and benefits as other parts of that municipal¢
upon the effective date of the annexation.
K -IL
/6
ELM P.S. 1997 MUNICIPAL ANNEXATION OR CONTRACTION Ch. 171
(2) If the area annexed was subject to a county land
use plan and county zoning or subdivision regulations,
said regulations shall remain in full force end effect until
the area is rezoned by the municipality to comply with
Its comprehensive plan
(3) An area excluded from a municipality shall no
bnger be subject to any laws, ordinances, or regulations
in force in the municipality from which it was excluded
and shall no longer be entitled to the privileges and ben.
efits accruing to the area within the municipal bounds.
ties upon the effective date of the exclusion. It shall be
sublect to all laws, ordinances, and regulations in force
in that County.
Wlbry. i I. W N -19J, a E. N W -M
111.071 Effect In Dads County.—Municipalises
..thin the boundaries of Dade County shall adopt an.
nexation or contraction ordinances pursuant to methods
established by the home rule charter established pursu
at to s. 6(e), Art. VIII of the State Constitution.
wWrr. 1. M 7i. im
,/171.081 Appeal on annexation or contraction.—No
later than 30 days fallowing the passage of an annexa-
tion or contraction ordinance, any party affected who
believes that he will suffer material injury by reason of
the failure of the municipal governing body to comply
with the procedures set forth in this chapter for annexa
tion or contraction or to meet the requirements estab-
lished for annexation or contraction as they apply to his
property may file a petition in the circuit court for the
county in which the municipality or municipalities are lo-
cated seeking review by certiorari. In any action institut-
ed pursuant to this section, the complainant, should he
prevail. shall be entitled to reasonable costs and attor-
ney's fees.
171.091 Recording.—Any change in the municipal
boundaries through annexation or contraction shall re
vise the charter boundary article and shall be filed as a
revision of the charter with the Department of State with-
in 30 days.
Wabry.—a r N 7.-%w