34-79 ORDINANCE NO. 34-79
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH ALL
THAT PART OF LOTS 6 AND 7 OF THE SUBDIVISION OF HARRY
SEEMILLER, LOCATED IN SECTION 9, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING WEST OF
THE FEDERAL HIGHWAY (U.S. HIGHWAY NO.1), ACCORDING TO
THE PLAT THEREOF, RECORDED IN PLAT BOOK 9, PAGE 72, OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH
LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE
SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LAND; AND PROVIDING FOR THE ZONING THEREOF.
WHEREAS, Andre Ruel and Margarite Ruel, his wife, are the fee-
simple owners of the property hereinafter described; and,
WHEREAS, Andre Ruel and Margarite Ruel, his wife, have request-
ed by their petition to have the subject property annexed into the
Municipal limits of the City of Delray Beach; and,
WHEREAS, in conjunction with an annexation proceeding the City
of Delray Beach applies a City Zoning Classification to the subject
property; and,
WHEREAS, the designation of a zoning classification is part of
the annexation proceeding, the City Council has determined that the
procedures set forth in Section 29-23 of the Zoning Code, which applies
to property already in the City limits, shall not be applicable in
annexation proceedings; and,
WHEREAS, the City of Delray Beach has heretofore been authorized
to annex lands in accordance with Section 171.044 of the Florida Statutes,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Council of the City of Delray Beach,-
Palm Beach County, Florida, hereby annexes to said City the following
described lands located in Palm Beach County, Florida, which lies con-
tiguous to said City; to-wit:
All that part of Lots 6 and 7 of the Subdivision of
Harry Seemiller, located in Section 9, Township 46
South, Range 43 East, Palm Beach County, Florida, lying
West of the Federal Highway (U.S. No. 1), according to
the Plat thereof, recorded in Plat Book 9, Page 72, of
the Public Records of Palm Beach County, Florida.
The above-described parcel contains a 1.7 acre parcel of
land.
Section 2. That the Boundaries of the City of Delray Beach,
Florida, are hereby redefined so as 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.
Section 3. That the tract of land hereinabove described is
hereby de--be in Zoning District GC (General Commercial) Dis-
trict, as defined by existing ordinances of the City of Delray Beach,
ii {NFlorida-
Section 4. That the lands hereinabove ~escribed shall immediate-
ly 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 resid-
ing thereon shall be deemed citizens of the City of Delray Beach.
. OFFREC 3094 PG 1 ?
Section 5. That if any word, phrase, clause, sentence or part
of this ordinance shall be declared illegal by a Court of competent
jurisdiction, such record of illegality shall in no way affect the re-
maining portion.
PASSED AND ADOPTED in regular session on second and final
reading on this the llth day of June , 1979.
ATTEST:
First Reading May 14, 1979
Second Reading June 11, 1979
CERTIFICATE
I, ELIZABETH ARNAU, City Clerk of the City of Delray Beach, Florida,
do hereby certify that the above and foregoing is a true and correct
copy of Ordinance No. 34-79 which was passed by City Council on June
11, 1979.
IN WITNESS WHEREOF, I have hereunto set my hand and the official
seal of the City of Delray Beach, on this 14th day of June, 1979.
. .-~' El~abeth Arnau
' City Clerk
~' ~' City of Delray Beach
This instrument prepared by:
Roger Saberson, City Attorney
100 N.W. 1st Avenue
Delray Beach, Fla. 33444
- 2 - Ord. No. 34-79
OFF ItEC 3094 PG 5
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100 N. W. 1ST AVENUE (305) 278-2841
DELRAYBEACH, FLORIDA 334~
ELDON MARIOTT LEON M. WEEKES, MAYOR
CITY MANAGER JAMES H. SCHEIF LEY, VICE-MAYOR
MALCOLM T, BIRD. COUNCIL MEMBER
June 13, 1979
Mr. and Mrs. Andre Ruel
1180 North Federal Highway
Delray Beach, Florida 33444
Re: Annexing to the City of Delray Beach all that part
of Lots 6 and 7 of the subdivision of Harry Seemiller,
located in Section 9, Twp, 46 South, Range 43 East,
Palm Beach County.
Dear Mr. and Mrs. Ruel:
This is to advise you that your above described property
was annexed to the City of Delray Beach by Ordinance No.
34-79 which was passed and adopted on June 11, 1979 and
.which will become effective immediately. Copy of said
Ordinance is enclosed herewith.
We are pleased to welcome you into the City of Delray Beach
and believe that you will benefit by the extension of all
convenient City services and all other advantages which a
City is in a poSition to offer.
Very truly yours,
CITY OF DELRAY BEACH
Elizabeth Arnau
City Clerk
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Encl.