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40-88 Locate~ Detween Lake ~kore Drive (N.W. ~th St and N.W. 7th Street, approximately 100 feet west of N.'W. 6th Avenue. IL~ROVED ENCLAVE 15 ORDINANCE NO. 40-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED BETWEEN LAKE SHORE DRIVE (N.W. 9TH STREET) AND N.W. 7TH STREET, A~PROXIMATELY 100 FEET WEST OF N.W. 6TH 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 (SINGLE FAMILY DWELLING) DISTRICT: PROVIDING ~- A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. -~ WHEREAS, the Legislature of the State of 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, Flc, r[da: and, WHEREAS, the referendum held on November 4, 1986, was approved by a single majority vote of sai~ q~alified electors: and, WHEREAS, the City of Delray Beach has prepared an Enclave Report outlining 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 TH~ CITY OF DELRAY BEACH, FLO~iDA, AS FOLLOWS: ~ That the City'Council of the City of Delray Beach, Palm Beach' County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: The Easterly 100 feet of the Westerly 540 feet of the Northwest Quarter of Lot 3, lying south of N.W. 9th- Street, within Section 8, Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida; together with, The East 80 feet of the West 164 feet of the North 135 feet of the East Half of the Southwest Quarter of Lot 3, lying within Section 8, Township 46 South, Range 43 East, Delray. Beach, Palm Beach County, Florida. The subject property is located between Lake Shore Drive (N.W. 9th Street) and N.W. ?th Street, approximately 100 feet west of N.W. 6th Avenue. The above described parcel contains a 0.64 acre parcel of land, more or less. ~_e_C_T~Lo_B_2~_ That the boundaries of the City 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. ~_ That Section 30-23 of the Zoning Code has bcen followed in the establishment cf a zoning classification~£n this ordinance and the tract of land hereinabove described-ia hereby declared to be in Zoning District R-1AA (Single Famli9 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. ~t.~qr~_~.~ That this a. nnexation ~f the subject proper- ty, including adjacent roads, alleys, nr th~ l~k~, if any, shall not be deemed acceptance by the City ~-~f any ~aintenance r~op_onsi- bility for such roads, alleys, or the like, unless otherwise specifically initiated by the C~tw pursuant to current require- ments and conditions. ~ 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 3urisdiction 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. ~ That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 28th day of June , 1988. MAYOR ATTEST: First Reading May 24, 1988 Second Reading June 28~ 1988 - Z - Ord, No. 40-88 !