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106-85 ORDINANCE NO. 106-85 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES TO ARTICLE II, "CORPORATE LIMITS", SECTION 2.02(d), "BOUND- ARIES AND TERRITORY OF GREATER DELRAY BEACH AREA", OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR DELETION OF THE REQUIREMENT THAT PROPERTY ANNEXED BE ADJACENT TO AND CONTIGUOUS AND PROVIDING THAT SUCH ANNEXATION MAY BE DONE IN THE MANNER ALLOWED BY THE CONSTITUTION, GENERAL AND SPECIAL LAWS OF THE STATE OF FLORIDA, AS WELL AS THE CITY CHARTER AND TO ARTICLE II, "CORPORATE LIMITS", SECTION 2.03(a), "VOLUNTARY ANNEXATION OF TERRITORY BY ORDINANCE", OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, TO ELIMINATE REFERENCES TO CONTIGUITY AND TO INSERT PROVISIONS THAT ANNEXATION SHALL BE BY ORDINANCE DULY PASSED OR IN ANY MANNER PROVIDED BY GENERAL OR SPECIAL LAW; PROVIDING A REPEALER; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON NOVEMBER 5, 1985; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Deh'ay Be~eh, Florida, deems it to be in the best interests of the residents and citizens of the City of Delray Beach, and in the interest of their health, safety and welfare to only provide in the City Charter that annexations by the City of Delray Beach shall be in accordance and in compliance with the requirements of the Constitution and General Laws of the State of Florida, as well as the City Charter, and to eliminate any references to contiguity in the Charter provisions providing therefor. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article II, "Corporate limits", Section 2.02(d), "Boundaries and territory of Greater Delray Beach Area", of the City Charter of the City of Delray Beach, Florida, Chapter 25786, Laws of Florida, Special Acts of 1949, and amendments thereto, be further amended to read as follows: ARTICLE II. CORPORATE LIMITS Section 2.02. Boundaries and territory of Greater Delray Beach Area. (d) Annexation by city. The City of Delrav Beach may annex the Greater Delray Beach Area or any part thereof at any time in any manner then allowed by the Constitution and General ~ Laws of the State of Florida; as well as Section 2.03 of the city a~l--eo~~-~-~-e~(~l~-14m4t~-e~-t-l~e-F.,i~,-e~-]~Ira~--B~el~. The City of Delray Beach may also annex any real property that is public or quasipublic located in the Greater Delray Beach Area which upon annexation would not be subject to direct ad valorem taxation by the city or that is owned by the federal government or any of its agencies, or that is owned by any political subdivision of the federal or state govern- ment may be annexed to the territorial limits of and included in the boundaries of the city at any time by ordinance of the city enacted by a majority vote of tl~e city council. Section 2. That Article II, "Corporate limits", Section 2.03(a), "Voluntary annexation of territory by ordinance", of the City Charter of the City of Delray Beach, Florida, Chapter 25786, Laws of Florida, Special Acts of 1949, and amendments thereto, be further amended to read as follows: ARTICLE II. CORPORATE LIMITS Section 2.03(a). Voluntary annexation of territory by ordinance. (a) Consent of land owners prerequisite to passage on first reading. The City of Delray Beach, Florida, may change its territorial limits by the annexation of any unincorporated tract or tracts of land lying eem~i~e~n~-~4~*e~--a~d within Palm Beach County, by ordinance duly passed in accordance with the rec~uirements and manner provided by General or Special Laws,' provided however, that before any such annexing ordinance is placed on its first reading by the city council, the City of Delray Beach ..hall have secured the consent and permission of the owner or owners of any such tract or tracts proposed to be annexed. Sec,.ion 3. That this Ordinance shall not be effective unless and until the same is approved by a majority of the electors of the City of Delray Beach, Florida, voting at the election to be held on November 5 1985 for the purpose of approving or disapproving of this Ordinance. The question to be submitted to the electors at such election shall be substantially as follows: AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTIONS 2.02(d) and 2.03(a) REGARDING VOLUNTARY ANNEXATION OF TERRITORY BY ORDINANCE AND THE BOUNDARIES AND TERRITORY OF GREATER DELRAY BEACH AREA TO DELETE REFERENCES THAT SUCH PROPERTIES TO BE ANNEXED MUST BE ADJACENT TO AND CONTIGUOUS TO 'file EXISTING LIMITS OF THE CITY OF DELRAY BEACH AND INSERTING REQUIREMENTS THAT SUCH ANNEXA- TIONS BE IN ACCORDANCE WITH THE REQUIREMENTS AND IN THE MANNER PROVIDED BY THE CONSTITUTION AND GENERAL OR SPECIAL LAWS OF THE STATE OF FLORIDA. SHALL THE ABOVE-DESCRIBED CHARTER AMENDMENTS BE ADOPTED: FOR APPROVAL ~-~ AGAINST APPROVAL ~-~ If a majority of the electors voting upon such. question approve the amendment(s), then the amencment(s) shall be in full force and effect. If a majority of the electors voting upon such question disapprove such amendment(s), then the amendment(s) shall be null and void. Section 4. That upon the approval of this Ordinance by the electors as aforesaid, all ordinances or parts of ordinances or Charter provisions~ or parts of Charter provisions in conflict w~th shall be and the same are hereby repe.qled as of the effective date of this Ordinance. Section 5. That if any clause, section or other part of this Ordinance shall be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby, but shall remain in full force and effect. PASSED AND ADOPTED in regular session on second and final reading on this the 24th day of September, 1985. ATTEST: First Reading,, September 10~ 1985 Second Reading. September 24 ~ 1985 2 ORD. NO. 106-85