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OPINION DEFINING CONTIGUOUS PROPERTY RE VOLUNTARY ANNEXATIONS PER FLORIDA STATUTES I I CITY OF CLEARWATER Interdep.rtment Correspondence Sheet . TO: lleta Cozart, Assistant to the City Manager Tom Bustin, City Attorney FROM: COPIES: Responding to your memo of August 4, 1981 please be advised that annexations are covered by the provisions of Chapter 171, Florida Sta tute s. In answering your question, the definition contained in Section 171. 031(1l} ha.s application. . "(11) 'Contiguous' means that a substantial part of a boundary of the territory sought to be annexed by a municipality is coterminous with a pa~t of the boundary of the municipality. The sepa::ationof the territory sought to be annexed from the annexing municipality by aright-Qf-WaY for ~ highway, road, railroad, canal, or utility or by a body of water, a watercourse, or other minor geographical div:ision ofa similar nature, running parallel with and between the territory sought to be annexed and the annexing municipality, shall. n ot prevent annexation under this act, provided the presence of such a division does not, cis a practical matter, prevent the territory sought to be annexed and the annexing municipality from becoming a unified whole with respect to municipal services or prevent their inhabitants from fully associating and trading with each ether, . social- ly and ec.onomicall~. However, nothing herein shall be construed to allow local l'ights-of-way, utility easements, railroad rights-of-way, or like entities to be annexed in a corridor fashion to gain continuity, and when any provision or provisions of special law or laws prohibit the annexation of territory that is separated from the annexing munic- ipality by a body of water or watercourse, then that law shall prevent annexation under this act. II If I understood the material you provided the boundary of the property touches municipal property only at one point. Voluntary annexations are made pursuant to the provisions of Section 171. 044 Florida Statutes and . under subparagraph (1) of that section that land must be contiguous. . . It does not appear from the material provided that the land has become contiguous within the meaning of the above definition and until that element is present annexation cannot occur. TAB :f s 8) o ~-007 .. . Ch. 171 171.011 171.021 171.022 171.031 171.0413 171.042 171.043 171.044 171.045 171.051 171.052 171.061 171.062 171.071 171.081 171.091 I I 22 MUNICIPAL ANNEXATION OR CONTRACTION Ch. 171 CHAPTER 171 MUNICIPAL ANNEXATION OR CONTRACTION Short title. Purpose. Preemption; effect on special laws. Definitions. Annexation procedures. Prerequisites to annexation. Character of the area to be annexed. Voluntary annexation. Annexation limited to a single county. Contraction procedures. Criteria for contraction of municipal boundaries. Apportionment of debts and taxes in an- nexations or contractions. Effects of annexations or contractions. Effect in Dade County. Appeal on annexation or contraction. Recording. 171.011 Short title.-This chapter shall be known and may be cited as the "Municipal Annexa- tion or Contraction Act." History.-e. 1. ch. 74-190. 171.021 Purpose.- The purposes of this act are to set forlh procedures for adjusting the boundaries of municipalities through annexations or contrac- tions of corporate limits and to set forth criteria for determining when annexations or contractions may take place so as to: (1) Insure sound urban development and accom- modation to growth. (2) Establish uniform legislative standards throughout the state for the adjustment of munici- pal boundaries. (3) Insure the efficient provision of urban ser- vices to areas that become urban in character. (4) Insure that areas are not annexed unless mu- nicipal services can be provided to those areas. History.-s. 1. ch. 74-190. . 171.022 Preemption; effect on speciallaws.- (1) It is further the purpose of this act to provide viable and usable general law standards and proce- dures for adjusting the boundaries of municipalities in this state. (2) The provisions of any special act or municipal charter relating to the adjusting of municipal bound- aries in effect on October 1, 1974, are repealed except as otherwise provided herein. History.-8. 1, ch. 74-190. 171.031 Deimitions.-As used in this chapter, the following words and terms shall have the follow- ing meanings unless some other meaning is plainly indicated: (1) "Annexation" means the adding of real prop- erly to the boundaries ofan incorporated municipal- ity, such addition making such real property in every way a part of the municipality. (2) "Contraction" means the reversion of real properly within municipal boundaries to an unincor- porated status. . (3) "Municipality" means a municipality created pursuant to general or special law authorized or rec- ognized pursuant to s. 2 or s. 6, Art. Vlll of the State Constitution. (4) "Newspaper of general circulation" means a newspaper printed in the language most commonly spoken in the area within which it circulates, which is readily available for purchase by all inhabitants in its area of circulation, but does not include a newspa- per intended primarily for members of a particular professional or occupational group, a newspaper whose primary function is to carry legal notices, or a newspaper that is given away primarily to distrib- ute advertising. (5) "Parlies 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 juris- diction over such area. (6) "Qualified voter" means any person regis- tered to vote in accordance with law. (7) "Sufficiency of petition" means the verifica- tion 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 signatures represents the re- quired percentage of the total number of qualified voters in the area affected by a proposed annexation. (8) "Urban in character" means an area used in- tensively for residential, urban recreational or con- servation parklands, commercial, industrial, institutional, or governmental 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) "U rban purposes" means that land is used intensively for residential, commercial, industrial, institutional, and governmental purposes, including any parcels ofland retained in their natural state or kept free of development as dedicated greenbelt areas. (11) "Contiguous" means that a substantial parl of a boundary of the territory sought to be annexed by a municipality is coterminous with a part of the boundary of the municipality. The separation ofthe territory sought to be annexed from the annexing municipality by a right-of-way for a highway, road, railroad, canal, or utility or by a body of water, a watercourse, 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 matter, prevent the territory sought to be annexed and the annexing municipality from becoming a unified whole with respect to mu- nicipal services or prevent their inhabitants from fully associating and trading with each other, social- ly and economically. However, nothing herein shall be construed to allow local rights-of-way, utility I , j MUNICIPAL ANNEXATION OR CONTRACTION Ch.l71 1 the referf'hdum on annexation shall offer the choice easements, railroad rights-of-way, or like entities to\ "For anll~ation of property described in ordinance be annexed in a corridor fashion to gain continuity, number ...l.ofthe City of ....." and "AO'ainst annexa- and when any provision or provisions of special law tion of property described in ordinan~e number ,,'n or laws prohibit the annexation of territory that is' of the City of ....... in that order. separated from the annexing municipality by a body' (e) If there is a separate majority vote for annex- of water or watercourse. then that law shall prevent I' ation in the annexing municipality and in the area annexation under this act. . proposed to be annexed, the ordinance of annexation (12) "Compactness" means con(;entration of ai shall become effective on the effective date specified piece of property in a single area and precludes any! therein. If there is a majority vote aO'ainst annexa- action which would create enclaves, pockets, or fino' tion in either the annexing municip~lity or in the ger areas in serpentine patterns. Any annexation area proposed to be annexed, or in both, the ordi- proceeding in any county in the state shall be de- nance shall not become effective, and the area pro- signed in such ~ manner as to ensure~~hat the area posed to be annexed shall not be the subject of an shall be reasonably compacl . l' annexation ordinance by the annexing municipality ~.-. L ch. 74-190; ... 1. ch. 7.297.' for a period of 2 years from the date of the referen- dum on annexation. (3) Any improved parcel of land which is owned by one individual, corporation, or legal entity, or owned collectively by one or more individuals, corpo- rations, or legal entities, proposed to be annexed un- der the provisions of this act shall not be severed separated, divided, or partitioned by the provision~ of said ordinance, but shall, if intended to be annex- ed, or ifannexed, under the provisions of this act, be annexed in its entirety and as a whole. However, nothing herein containpd shall be construed as af- fecting: the validity or enforceability of any ordi- nance declaring an intention to annex land under the existing law that has been enacted by a munici- pality prior t.o July 1. 19~5. The owner of such prop- erty may walve the requlrements of this subsection I if such owner does not desire all of his tract or parcel included in said annexation. 14; Except as otherwise provided in thislaw. the annexation procedure as set tanh in this section shall constitute a uniform method for the adoption of an ordinance of annexation by the governing body of a~y' municipal!ty in this state, and all existing prOVISIOns of special laws which establish municipal annexation procedures are repealed hereby; except that any provision or provisions of special law or laws which prohibit annexation of territory that is separated from the annexing municipality by a body of water or watercourse shall not be repealed. (5) Ifmore than 70 percent ofthe land in an area proposed to be annexed is owned by individuals, cor- porations. or legal entities which are not registered electors of the area proposed to be annexed, such area shall not be annexed unless the owners of more than 50 percent of the land in the area proposed to be annexed consent to such annexation. Such con- sent shall be obtained by the parties proposing the annexation prior to the referendum to be held on the annexation. lfis,tory:-s_ 2. ch. 7~297: s. 1. ch. 76-176; 5. 44. ch. 77~104; s. 1. en. 80-350. -) Ch. 171 171.0413 Annexation procedures. i } i 171.0413 Annexation. procedures.-Any mu- nicipality may annex contiguous, compact, unincor- porated territory in the following manner: l1J An ordinance proposing to annex an area of contiguous, compact, unincorporated territory shall be adopted by the governing body of the annexing n:unicipality pursuant to the procedure for the adop- tIOn of a non emergency ordinance established by s. 166.041. Each such ordinance shall propose only one reasonably compact area to be annexed. However. p.rior to the ordinance of annexation becoming effec- tive. a referendum on annexation shall be held as set out below, and, if approved by the referendum, the ordinance shall become effective 10 days after the referendum or as otherwise provided In the ordi- n~n,ce. but not more than 1 year following the date 01 tne referendum. ~.~ Following the final Cldoption of the ordinance or annexation by the g:overning body ofthe annexing mumclpahty. the ordmance shall be submitted to a seC;,trate vote of the reg-istEered electors ofthe annex- i:--c: :T.unicipalitv ami ohhe area oroposed to be an- nexed. The referendum on annexation shall be ~J.!!,:.-i and co~ducted and the expense thereof paid Dy tne governIng body of the annexing municipality. 'al The referendum on annexation shall be held at the next regularly scheduled election following the final a~option of the ordinance of annexation by the gove:nmg b~dy of the annexing municipality or at a speCial electIOn called for the purpose of holding the referendum. However, the referendum, whether held at a regularly scheduled election or at a special ~lection, shall not be held sooner than 30 days follow- ~ng the final adoption ofthe ordinance by the govern- mg body of the annexing municipality. (.~) ~he gover.ning body of the annexing munici- pallty snall publIsh notice of the referendum on an- nexation at least once a week for the 4 consecutive weeks immediately preceding the date of the refer- endum in a newspaper of general circulation in the area in which the referendum is to be held. The notice shall give the time and places for the referen- dum and a description of the area proposed to be annexed. The description shall be by metes and bounds and shall include a map clearly showing such area. Ie) 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 description of the property proposed to be annexed. The description shall be by metes and bounds and shall include a map clearly showing such area. !d I Ballots or m;chanical voting devices used in 0.- - 23 I f<(J ~~.. maIDs and sewer interceptors and outtalls, the pro- posed extensions of such mains and outfalls. as re- quired in paragtaph (c), and the general land use pattern in the area to be annexed. (h) A statement cerlifying that the area to be annexed meets the criteria in s. 171.043. (c) A statement setting forlh the plans ofthe mu- nicipality for extending to the area to be annexed each major municipal service performed within the .---.-",,,,,=:!:- I . Ch. 171 MUNICIPAL ANNEXATION OR CONTRACTION Ch. 171 24 I 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 munici- pal water and sewer services into the area to be annexed so that, when such services are provided, properly owners in the area to be annexed will be able to 5t!cure public water and sewer service accord- ing to the policies in effect in such municipality for extending water and sewer lines to individual lots or subdivisions. . 3. If extension of major trunk water mains and sewer mains into the area to be annexed is neces- sary, set forth a proposed timetable for construction of such mains as soon as possible following the effec- tive date of annexation. 4. Set forth the method under which the munici- pality plans to finance extension of services into the area to be annexed. (2) The Department of Community Affairs shall lend its technical assistance to any such municipal- ity in preparing for annexation or deannexation. History.-s. 1, ch. 74-190: s. 3. ch. 75-297. . 171.043 Character ofthe area to be annexed. -A municipal governing body may propose to annex an area only if it meets the general standards of subsection <1/ and the requirements of either subsec- tion (2) or subsection (3). n) The total area to be annexed must be contigu- ous to the municipality's boundaries at the time the annexation proceeding is begun, and no part of the area shall be included within the boundary of anoth- er incorporated municipality. (2/ Part or all of the area to be annexed must be developed for urban purposes. An area developed for urban purposes is defined as any area which meets anyone of the following standards: (a) It has a total resident population equal to at least two persons for each acre ofland included with- in its boundaries; (b) It has a total resident population equal to at least one person for each acre of land included with- in 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 at least 60 percent of the total number oflots and tracts in the area at the time of annexation are used for urban purposes, and it is subdivided into lots and tracts so that at least 60 percent of the total acreage, not counting the acre- age used at the time of annexation for nonresidential urban purposes, consists oflots and tracts 5 acres or less in size. (3) In addition to the area developed for urban purposes, 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 developed for urban purposes is either not adjacent . to the municipal boundary or cannot be served by the municipality without extending services or wa- ter or sewer lines through such sparsely developed area; or (h) Is adjacent, on at least 60 percent of its exter- nal boundary, to any combination of the municipal boundary and the boundary of an area or areas de- veloped for urban purposes as defined in subsection (2). The purpose of this subsection is to permit municipal governing bodies to extend corporate limits to in- clude 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 constitute necessary land connections be- tween the municipality and areas developed for ur- ban purposes or between two or more areas developed for urban purposes. History.-s. 1, ch. 74-190. 171.044 Voluntary annexation.- (1) The owner or owners of real property in an unincorporated area of a county which is contiguous to a municipality may petition the governing body of said municipality that said property be annexed to the municipality. . (2) Upon determination by the governing body of the municipality that the petition bears the signa- tures of all owners of property in the area proposed to be annexed, the governing body may, at any regu- lar meeting, adopt a nonemergency ordinance to an- nex said property and redefine the boundary lines of the municipality to include said property. Said ordi- nance shall be passed after same has been published once a week for 4 consecutive weeks in some newspa- per in such city or town or, if no newspaper is pub- lished in said city or town, then in a newspaper published in the same county; and if no newspaper is published in said county, then at least three print- ed copies of said ordinance shall be posted for 4 con- secutive weeks at some conspicuous place in said city or town. (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 State. (4) The method of annexation provided by this section 'shall be supplemental to any other procedure provided 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 annexation. (5) Land shall not be annexed through voluntary annexation when such annexation results in the cre- ation of enclaves. Hioto..,.._. 1. ch. 74-190; ... 4. 5. ch. 75-297. 171.045 Annexation limited to a single coun- ty.-In order for an annexation proceeding to be val- id for the purposes of this chapter, the annexation must take place within the boundaries of a single county. ' m.tory.-.. 2. ch. 74-190. I . 25 I Ch. 171 MUNICIPAL ANNEXATION OR CONTRACTION Ch. 171 . 171.051 Contraction procedures.-Any mu- nicipality may initiate the contraction of municipal boundaries in the following manner: (1) The governing body shall by ordinance pro- pose the contraction of municipal boundaries, as de- scribed in the ordinance, and provide an effective date for the contraction. (2) A petition of15 percent of the qualified voters in an area desiring to be excluded from the munici- pal boundaries, flied with the clerk ofthe municipal governing body, may propose such an ordinance. The municipality to which such petition is directed shall immediately undertake a study of the feasibility of such proposal and shall, within 6 months, either ini- tiate proceedings under subsection (1) or reject the petition, specifically stating the facts upon which the rejection is based. (3) After introduction, the contraction ordinance shall be noticed at least once per week for- 4 succes- sive weeks in a newspaper of general circulation in the municipality, such notice to describe the area to be excluded. Such description shall include a state- ment of findings 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 ordinanc~ will be considered, and advise that all parties affected may be heard. (4) If, at the meeting held for such purpose, a petition is filed and signed by at least 15 percent of the qualified voters resident in the area proposed for contraction requesting a referendum on the ques- tion, the governing body shall, upon verification, paid for by the municipality, ofthe sufficiency ofthe petition, and before passing such ordinance, submit the question of contraction to a vote ofthe qualified voters of the area proposed for contraction, or the governing body may vote not to contract the munici- pal boundaries. (5) The governing body may also call for a refer- endum on the question of contraction on its own volition and in the absence of a petition requesting a referendum. (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 ofthe 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 referen- dum election at least once a week for the 4 successive weeks immediately prior to the election in a newspa- per of general circulation in the area proposed to be excluded or in the municipality. Such notice shall give the time and places for the election and a de- scription 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 proposed to be excluded. (8) Ballots or mechanical voting devices shall of- fer the choices "For deannexation" and "Against deannexation," in that order. (9) A majority vote "For deannexation" shall cause the area proposed for exclusion to be so exclud- ed upon the effective date set in the contraction ordi- nance. . -~-~~ (10) A majority vote "Against deannexation" shall prevent any part of the area proposed for exclu- sion from being the subject of a contraction ordi- nance for a period of 2 years from the date of the referendum election. Hiotory.-. 1. ch. 74-190. 171.052 Criteria for contraction of municipal boundaries.- (1) Only those areas which do not meet the crite- ria for annexation in s. 171.043 may be proposed for exclusion by municipal governing bodies. If the area proposed to be excluded does not meet the criteria of s. 171.043, but such exclusion would result in a por- tion of the municipality becoming noncontiguous with the rest of the municipality, then such exclu- sion shall not be allowed. (2) The ordinance shall make provision for ap- portionment of any prior existing debt and property. HIstory.-s. 1. ch. i4-190. 171.061 Apportionment of debts and taxes in annexations or contractions,- U) Th,e area annexed to a municipality shall be subject to the taxes and debts of the municipality upon the effective date of the annexation. However, the annexed area shall not be subject to municipal ad valorem taxation for the current year ifthe effec- tive date of the annexation falls after the municipal governing body levies such tax. (2) The municipal governing body, in the event of exclusion of territory, shall reach agreement with the county governing body to determine what por- tion, if any, of the existing indebtedness or property of the municipality shall be assumed by the county of which the excluded territory will become a part, the fair value of such indebtedness or property, and the manner of transfer and financing. History.-9. 1. ch. 74-190. 171.062 Effects of annexations or contrac- tions.- U) An area annexed to a municipality shall be subject to all laws, ordinances, and regulations in force in that municipality and shall be entitled to the same privileges and benefits as other parts of that municipality upon the effective date of the annexa- tion. (2) If the area annexed was subject to a county land-use plan ~nd county zoning or subdivision regu- lations, said regulations shall remain in full force and effect until otherwise provided by law. However, a municipal governing body shall not be authorized to increase, and is expressly prohibited from increas- ing, or decrease the density allowed under such county plan and regulations for a period of 2 years from the effective date of the annexation unless ap- proval of such increase is granted by the governing body of the county. (3) An area excluded from a municipality shall no longer be subject to any laws, ordinances, or regu- lations in force in the municipality from which it was excluded and shall no longer be entitled to the privileges and benefits accruing to the area within the municipal boundaries upon the effective date of .. . . I Ch. 171 26 I MUNICIPAL ANNEXATION OR CONTRACTION Ch,171 the exclusion. It shall be subject to all laws, ordi- nances, and regulations in force in that county_ Hbtory_-. 1. ch. 74-190. 171.071 Effect in Dade CountY.-Municipal- ities within the boundaries of Dade County shall adopt annexation or contraction ordinances pursu- ant to methods established by the home rule charter established pursuant to s. 6<e), Arl. VIII of the State Constitution. HIstory._. 1. th. 74-190. 171.081 Appeal on annexation or contrac- tion.- (1) No later than 30 days following the passage of an annexation or contraction ordinance, any party affected who believes that he will suffer material injury by reason of the failure of the municipal gov- erning body to comply with the procedures set forth in this chapter for annexation or contraction or to meet the requirements established for annexation or contraction as they apply to his property may file a petition in the circuit court for the county in whicn the municipality or municipalities are located seek- ing review by cerliorari pursuant to s. 120.31. In any action instituted pursuant to this section, the com- plainant, should he prevail, shall be entitled to rea- sonable costs and attorney's fees. HIstory.-. 1. ch. 74-190. 171.091 Recording.-Any change in the munic- ipal boundaries through annexation or contraction shall revise the charler boundary article and shall be filed as a revision of the charter with the Depart- ment of State within 30 days. Hlatory.-. 1. ch. 74-190.