48-88 Located at the southeast ncr of
i~.E. Jth Street and Palm 5'rail (N.E. 10th Ave.
IMPROVED
ENCLAVE 30
ORDINANCE NO. 48-88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH THE EAST 256 FEET OF ALL
THAT PART OF LOT 6 LYING EAST OF McGINLEY AND
GOSMAN'S SUBDIVISION AND WEST OF THE
INTRACOASTAL WATERWAY (LESS ROAD RIGHT-OF-WAY
AND THE SOUTH 250 FEET THEREOF), LYING WITHIN
SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
LOCATED AT THE SOUTHEAST CORNER OF N.E. 8TH
STREET AND PALM TRAIL (N.E. 10TH 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 GC (GENERAL COMMERCIAL) ~
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,
WHEgEAS, pursuant to the De]ray Beach Enclave Act. the
City of Delray Beach called for a referendum of those q~a]ified
electors within the City of Delray Beach and the enclaves that
would be subject to annexation under %he Act, with said referen-
dum held on November 4, 1986. in conjunction with a ge~eral
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 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
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 East 256 feet of all that part of Lot 6
lying East of McGinley and Gosman's
Subdivision and West of the Intracoastal
Waterway (less road right-of-way and the
South 250 feet thereof), lying within Section
9, Township 46 South, Range 43 East, Delray
Beach, Palm Beach County, Florida.
The subject property is located at the
southeast corner of N.E. 8th Street and Palm
Trail (N.E. 10th Avenue).
The above described parcel contains a 1.3
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 in
this ordinance and the tract of land hereinabove described is
hereby declared to be in Zoning District GC (General Commercial)
as defined by existing ordinances of the City of Delray Beach,
Florida.
S_~ 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.
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.
~ 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.
ATTEST:
First Reading May 24, 1988
Second Reading June 28, 1988
- 2 - Ord. No. 48-88
; DRIFT
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