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42-88 Located ~ecween ~.W. ~tn ~y~eet and Gardenia Terrace East, approximately 200 feet east of ~.W. ~th Avenue. I~.~PROVED ENCLAVE 20 ORDINANCE NO. 42-88 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 N.W. 7TH STREET AND GARDENIA TERRACE EAST, APPROXIMATELY 200 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 (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, Flori~Ja~ 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 outlining the City's plan for implementation of the Delray Beach Enclave Act, which identifies sixty-five (~5) 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 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 South 148.73 feet of the East Half of the Southwest Quarter of Lot 3, less the East 190 feet thereof, lying within Section 8, Township 4S South, Range 43 East, Delray Beach, Palm Beach County, Florida; together with, The East 110 feet of the South Half of the West 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 N.W. 7th Street and Gardenia Terrace East, approximately 200 feet east of N.W. 8th Avenue. The above described parcel contains a 1.08 acre parcel of land, more or less. ~ 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 been followed in the establishment of a zoning classification this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District R-1AA (Single Famil~ 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. ~ That this annexation of the 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- 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 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. ~ 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 Jun~ , 1988. MAYOR ATTEST: First Reading May .24~ 1988 Second Reading June 28, 1988 - 2 - Ord. No. 42-88