38-88 Located on the south side of Lake Shore
Drive (N.17. 9th Street), approximately
!00 feet east of N.W. 8th Avenue
IMPROVED
E~CLAVE 16
ORDINANCE NO. 38-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH THE EASTERLY llO FEET OF
THE WESTERLY 220 FEET OF THE NORTHWEST
QUARTER OF LOT 3, LYING SOUTH OF N.W. 9TH
STREET, WITHIN SECTION 8, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY: SAID
LAND IS LOCATED ON THE SOUTH SIDE OF LAKE
SHORE DRIVE (N.W. 9TH STREET~. APPROXIMATELY
100 FEET EAST OF N,W. 8TH AVENUE: REDEFINING
THE BOUNDARIES OF SAID CITY TO INCLUDE SAID
LAND: PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; ,PROVIDING FOR THE
ZONING THEREOF TO R-1AA ('~IN~LE FAMILY
DWELLING) DISTRICT: PROVIDING A GENERAL
REPEALER CLAUSE: PROVIDING A SAVING CLAUSE:
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State e~ Florida passed
the Delray Beach Enclave Act,. Chapter 86-427, Laws of Florida,
providing for the annexation of enclaves within the general
boundaries of the City of Delray Beach: and,
WHEREAS, pursuant to the Delray Beach Enclave Act, the
City of Delray Beach called for a referendum of those qualified
electors within the City of Delray Beach and the enclaves that
would be subject to annexation under the Act, with said referen-
dum held on November 4, 1986, in conjunction with a general
election for Palm Beach County, Florida; and,
WHEREAS, the referendum held on November 4, 1986, was
approved by a single majority vote of said qualified electors;
and,
WHEREAS, the City of Delray Beach has prepared an
Enclave Report, outlJ~-~ing the City's plan for implementation of
the Delray Beach Enclave Act.. which identifies sixty-five (65)
enclaves eligible for annexation pursuant to the Act; and,
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with the Delray Beach
Enclave Act,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOI,LOWS:
~ That the City Council of t~e City of Delray
Beach. Palm Beach County, Florida. hereby annexes to said City
the following described ]and located in Palm Beach County.
Florida, which lies contiguous to said City to-wit:
The Easterly ~10 feet of the Westerly 220
feet of the Northwest Quarter of Lot 3, lying
south of N.W. 9th Street, within Section 8,
Township 46 South. R~ng~ 43 East, Delray
Beach, Palm Beach CountM, Florida.
The subject properr. M is located on the south
side of Lake Shore Driv% (N.W. 9th Street),
approximately ~00 feet east of N.W. 8th
Avenue,
The above described parcel cont, ains a 0,33
acre parcel of land, more or less,
~ That the boundaries of the C~ty of Delray
Beach, Florida, are hereby redefined to include therein the
above-described tract of land and said land is hereby declared to
be within the corporate limits of the City of Delray Beach,
Florida.
~_e~%,_ That Section 30-23 of the Zoning Code has
been followed in the establishment of a zoning classification in
this ordinance and the tract of land hereinabove described is
hereby declared to be in Zoning District R-1AA ~Sing]~ Family
Dwelling) as defined by existing ordinances of the City of Delray
Beach, Florida.
~ That the land hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws
to which lands in the City of Delray Beach are now or may be
subjected and persons residing thereon shall be deemed citizens
of the City of Delray Beach.
Section ~ That this anne×ation of th~.--subject proper-
ty, including adjacent roads, alleys, or the like, if any, shall
not be deemed acceptance by the City of any maintenance responsi-
bility for such roads, alleys, or the like, unless otherwise
specifically initiated by the City pursuant to current require-
men%s and conditions,
Section 6,.. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
~ That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 8,. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED ~n regular session on second and
final reading on this the 28th day of June _~, 1988,
ATTEST:
First, 9eading May 24, 1988
Second Reading June 28~ 1988
- 2 - Ord. No. 38-88
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