Res 792-51 RESOLUTION NO. 792
i~.ESOLUTiOh 0F THE CiTY COUNCIL OF THE
~l~ ,2F ~L~u~Y ~H, FL01kID~-~, ~-~UTH0-
bY THE 1951 FLORID~ LEGISLATURE TO PRO-
VIDE FOR THE EiTENSION OF THE CORPORATE
LIPiiTS bY ~-~'hEXiNG ~d,]D INCLUDING ADDI-
TIONAL TERRiTOEY IN SAID CORPORATE LIAETS.
IHEREaS, the present Charter ~ct of the City of Delray
Beach as specified in Chapter 25786, Laws of Florida, Special
Acts of 1941~ describes the boundaries of and the territory to
be included within said municipality; and
~wvH,..R~a~.v.~, Totterdale Development, Inc., a corporation or-
ganized and doing business under the laws of the State of Florida~
the o~mer of the hereinafter described land _~doacent to the pre-
sent boundaries of the City of Delray Beach, has requested the
City Council of said City to annex said land to and include same
within tn. boundaries of said mu~icipality; and
',n.~.~o"~" ...., the City Council has at several of its meetings
considered and discussed the advisability o£ annexing said lands
and the terms and conditions upon which it. will agree to such
ann exation.
NOW', THEk?SFORE,
~E IT RESOLVED BY THE CiTY COUhCiL OF
THE CITY 0F DEL~i~.Y BS~CH, FL0~-~iL.~, iN
U~SGUL,u~ Ni~ETING ,~SSEidBLED:
1. That the present Charter ~,ct or the City of Detray
k. each, in Palm Beach County, Flori¢ia, be amended by a Special
~ct of the 1951 Florida Legislature so as to annex the following
described territory and include sa~e v..~thin the bound~ries of
the said mtmicipality:
The South Half (S 1/2) of Lot 13 a'.~d tl~e North
Half (N 1/2) of the East Three-.~uarters (E 3/~+)
of Lot 15, Subdivision of Section 8, To,reship
66 South, Nange 65 East, according to the plat
thereof on file in the office of'the Clerk of
the Circuit Court in and for Palm Beach County,
Florida, recorded in Plat Book 1 at Page 6; also
the East Half (E 1/2) of the Southwest ..~,uarter
(S?,T 1/~) of the Northwest .~uarter (N'i..,,' 1/~) of
the Northeast :.~uarter (NE 1/6) of Section 8,
Township 66 South, ~ange 65 l.:ast, Palm Beach
County, Florida.
2. That the City Council does hereby consent and agree to
the said territory being annexed upon the terms and conditions as
set forth in "A B I L L T 0 B E E N T I T L E D :"
AN ACT TO EXTEND THE coEPO~ATE LI~'~TS OF THE
CiTY OF DEL~AY BEACH, PAL~ BEACH COUNTY, FLO-
RIDA; TO PROVIDE FOR THE CREATION OF RESIDE~CE
"A', DISTRICT ZONE iN SaID ANNEXED TERRITORY
EEGULATING THE CONSTRUCTION AND/OR USE OF
BUILDINGS AND OTHER STRUCTURES; TO PROVIDE
FOR THE FURNISHING OF CITY WATER TO SAID AN-
NEXED TERRITORY; TO PROVIDE FOR A PLAN OF
TAXATION OF SAiD ANNEXED TERRITORY; TO PEO~ViDE
FOR THE REGULATION OF THE CONSTRUCTION OF
STREETS, SEWERS AND WATER ~AINS; AND TO PRO-
VIDE FO~{ EXEMPTION .OF SAID ANNEXED TERRITORY
FROM TAXATION FOR PAY]~NT OF EXISTING ~NJNICI-
PAL INDEBTEDNESS OF THE CITY OF DELRAYBEACH,
FLORI DA.
A copy of said bill is attached hereto and made a part hereof.
3. That a certified copy of this resolution shall be mail-
ed to the Honorable Russell Morrow, State Senator, the Honorable
B. Elliott, and the Honorable John Bollinger, Members of the House
of Representatives, wi~h a request that they give and lend their
~cooperation in the introduction and passage of the proposed Special
Act herein mentioned when the same is presented to them by Rhea
Whitley, the attorney for applicant, Totterdale Development, Inc.,
upon the convening of %he 1951 Florida Legislature.
The above and foregoing resolution was read in full and on
motion by Councilman Roth and seconded by COun--~
cilman Holland ., the same was unanimously adopted by
the City Council.
~dopted this .... 23~ day of April, A. D. 1951.
~layor
City Clerk
(~eal
BILL TO BE EN TI !PL E D :
,d,i i~CT TO EXTEND THE CO.%POiN, TE Lii'..~iT$ OF THE
CITY OF DELR.~Y BEn,CH, P,.L~.~ BE,~CH COUhTY, FLO-
AID~; TO P}~0VIDE FOP. THE CitE~TION OF iiESIDENCE
".~" DiSTRiCT ZONE IN S~ID ~NNEi.~D TE~INiTORY
R~JGULATiNG THE COh~r>~UCTION ~d'gD/Oh USE OF
EUILDINGS ~d,~D OTHER STiiUCTU~:~ES; TO
FON THE FURNISHING OF CITY
REXED TERhiTOE~Y; TO PXOVIDE FOR ~ PL~d~ OF
TAXATION OF SaID ...d;NE]ZJD TERItiTORY; TO
lfI~)E FOb T}iE R~;GU'L~,Ti0~. OF THE CONSTRUCTION
L:'iEOViDE FO~:t EXENPTiON OF rJ~,Ii) AhNEXED TEi-~i~I-
NUNICiP~L iNDELTEDEES3 0F THE CITY 0F DEL~L-~Y
BEACH, FL0i-tID~.
DE IT E?.L:tCTED ~Y THE ~Gi..~L..~TUiiE oF THE ~'iU.~TE OF FLO-
o:uPIOI, 1. That the present corporate limits of the
City of Delray Beach, Palm Beach County, Florida, be and the same
are hereby extended so as to include all that territory embraced
within the following lin~its and boundaries, that is to say:
The South Half (S 1/2) of Lot 13 and the North
Half (N 1/2) of the East Three-Quarters (E 3/4)
of Lot 15, Subdivision of Section 8, To'~tship
46 South, Range 43 East, according to the plat
thereof on file in the office of the Clerk of
the Circuit Court iN and for Palm Beach County,
Florida, recorded in Plat Book 1 at Page 4; also
the East Half (E 1/2) of the Southwest Quarter
(SW 1/~) of the Northweot Quarter (Ii'W 1/4) of
the Northeast Quarter (NE 1/4) of Section 8,
Township 46 South, Range 43 East, Palm Beach
County, Florida.
SECTION 2. ~hat the City of Delray Beach, Florida, is
hereby authorized and empowered to adopt an ordinance or ordinan-
ces regulating the construction and/or use of buildings and/or
other structures erected in the territory aescribed in Section 1
of this Act. However, for a period of ten years from the date
this ,~ct becomes a law all of the land described in Section 1 of
this Act shall be zoned Residence ~'A" District, as the require-
merits for' such district are now or may hereafter be set forth in
the Zoning Ordinances of the City of Detray Beach, Florida.
SECTION ~. The City of Deiray Beach is hereby autho-
rized and empowered to regulate the construction of streets, sewers
and water mains within the territory described in Section 1 of
this Act, and the owner or owners of said land shall be respon-
sible for and pay for all such construction.
SECTION 4. All water mains and other water fixtures
located on other than private property in the territory described
in Section i of this Act shall become the property of the City of
Delray Beach, Florida, and said City of Delray Beach is authorized
and empowered to furnish water t° the inhabitants of said terri-
tory at the same rate bharged to other water consumers in said
City of Delray Beach.
SECTION 5. That due to the great amount of work and
expense necessary and required to make the land described in Sec-
tion i of this Act inhabitable the City of Delray Beach shall not
levy, assess, charge or collect ad Volorem tax on said land in
excess of $5.00 per lot a year for a period of five years from
the date this Act becomes a law, or until 6~ of all lots in said
territory have been sold, which ever event occurs first. In the
event, however, that any lot or lots in said territory shall be
sold by the owner or owners, or any building or buildings are con-
structed on any lot and/or lots then such lot and/or lots may be
taxed in addition to the $5.00 limitation per lot as provided
above.
SECTION 6. That the above described ~erritory hereby
annexed to the City of Delray Beach, Florida, as described in
Section 1 of this Act shall not be liable for taxation to pay any
portion of the existing bonded indebtedness of the City of Delray
Beach or any interest thereon or extension or refunding thereof.
SECTION 7. If any Section or Sections or part there-
of, of this Act shall be declared unconstitutional, it shall not
in any way effect the validity of the other Sections of this Act.
SECTION 8. This Act shall become effective immediately
upon its passage and its approval by the Governor or upon its be-
coming a law without the approval of the Governor.