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71-88 Located on the west s~de of the U.S.Highwa~ No. i, approximately 100 ft. south of the intersection of Linton Blvd. and U,S. Highway No. 1 ENCLAVE 44 IMPROVED ORDINANCE NO. 71-88 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 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE WEST SIDE OF U.S. HIGHWAY NO. 1, APPROXIMATELY 100 FEET SOUTH OF THE INTERSECTION OF LINTON BOULEVARD AND U.S. HIGHWAY NO. 1; 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 SC ~SPECIALIZED 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, Chap%er 86-427, Laws of Florida, providing for the annexation of enclave~ within the general boundaries of the City of Delray Beach; an~, 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 subjec~ ~o annexation un~er ~he Act. with ~aid referen- dum held on November 4, 1986, in conju~c~ion with a general election for Palm Beach County, Florida; WHEREAS, the referendum hel~] ca November 4, 1986, was approved by a single majority vote (~f 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 sixtk-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: ~ection .1~_ 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 Revised Plat in PB18P53 of Portions of Sections 28 and 29. Township 46 South. Range 43 East. The South 23.36 feet of the North 237,7 feet (less the Westerly 98.15 feet), Tract 2-A, lying within Section 28, Township 46 South, Range 43 East', Palm Beach County, Florida; together with, Th~ Revised Plat in PB18P53 of Portions of Sections 28 and 29, Township 46 South, Range 43 East, The South 18.55 feet of-the---N~tth 214.61 feet (less the Westerly 96.15 feet), Tract 2-A, lying within Section 28, Township 46 South, Range 43 East, Palm 'Beach County, Florida. The subject property is located on the west side of U.S. Highway No. 1, approximately 100 feet south of the. intersection of Linton Boulevard and U.S. Highway No. 1. The above described parcel contains a 0.29 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 SC (Specialized Commercial) as defined by existing ordinances of the City of Delray Beach, Florida. Section 4. That the land here~nabove 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. ~et,!_Q3]_.~_ That t,h~s tv ..... ~ncl~¢t~ng adjacent roads ~I l~v~ ~r the ~i' -~, ~ ar, v,. aha].! ...... ~r,e~_l acceptance b? th~ C~ty c~f an7 ~,~ri~ran. ce respo~sl- bilitv fc, r s~ch roads, a] spa~i~,-.~l'-- initiated bv ,~,he ment. s ~nd nond~tions. ~_~ 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 in regular session on second and final reading on this the ._2~f,h_ day of ~,,~, , 1988. ATTEST: First Beading June 28, 1988 Second Reading J._u_l_y__2___6, 198--8 - 2 - Ord. No. 71-88 ave