92-88 Located between the~I~tracoastal
Naterw~ and the Atlantic Ocean.
at the south boundary of the City,
adjacent to Highland Beach.
ENCLAVE N0.-49 IMPROVED
ORDINANCE NO. 92-88
AN ORDINANCE OF THE CITY COMMISSION 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 BETWEEN THE INTRACOASTAL WATERWAY AND
THE ATLANTIC OCEAN, AT THE SOUTH BOUNDARY OF
THE CITY, ADJACENT TO HIGHLAND BEACH;
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 RM-15 (MULTIPLE 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, 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 Repo~rt 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 COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ That the City Commission 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 100 feet of the Section lying north
of the East-West Quarter Section Line, lying
between the EaSterly right-of-way of the
Intracoastal Waterway and the Atlantic Ocean
(less right-of-way of State Road AIA),
Section 28, Township 46 South, Range 43 East,
Palm Beach County, Florida.
The subject property is located between the
Intracoastal Waterway and the Atlantic Ocean,
at the south boundary of the City, adjacent
to Highland Beach.
The above described parcel contains a 1.2
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 tracts of land and said lands are hereby declared
to be within the corporate limits of the City of Delray Beach,
Florida.
$_~ That Section 173.886 of the Zoning Code has
been followed in the establishment of a zonin~ classification in
this ordinance and the tract of land hereinabove described is
hereby declared to be in Zoning District RM-15 (Multiple 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.
~ 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.
$_s_~J~A_~_ 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.
$_s~JZ~1~$~_ 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 23rz]__ day of August , 1988.
ATTEST:
First Reading LJuly 26:1988
Second Reading August 23, 1988
- 2 - Ord. No. 92-88