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11-67 ORDINANCE NO. 11-67. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, NAMELY LOTS 4 and 5, BLOCK 2, SILVER TERRACE SUBDIVISION, 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 PRO- VIDING FOR THE ZONING THEREOF. WHEREAS, CHARLES HALL is the fee simple owner of the prop- erty hereinafter described, and WHEREAS, the said CHARLES HALL, by his petition, has con- sented and given permission for the annexation of said property by the City of Delray Beach, and WHEREAS, the City of Delray Beach has heretofore been au- thorized to annex lands in accordance with Section 185.1 of the City Charter of said City granted to it by the State of Florida; 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 tract of land located in Palm Beach County, Florida, which lies contiguous to said City, to-wit: That tract of land, namely Lots 4 and 5, Block 2, Silver Terrace Subdivision, per Plat Book 11, page 61, as appears in the Public Records of Palm Beach County, Florida. SECTION 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein the above de- scribed 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 declared to be in Zoning District C-2, as defined by ex- isting ordinances of the City of Delray Beach, Florida. SECTION 4. That the land hereinabove described shall im- mediately become subject to all of the franchises, privileges, im- munities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. SECTION 5. That if any word, phrase, clause, sentence or part of this Ordinance shall be declared illegal by a court of com- petent jurisdiction, such record of illegality shall in no way af- fect the remaining portion. PASSED in regular session on the second and final reading on this the day of , 1967. ATTEST: M A Y O R c .ty clerf ,: - 1st Reading ........... 2nd Reading ........ 9.b. City'Clerk Worthing presented the following Plaaning Board report, dated May 17th: "At the request of Council, the Board, at its May~16th, 1967 meeting, discussed the previous request for annexation of Lots 4 and 5, Block 2, Silver Terrace Subdvision. -7- 5-22-67 --';~r~ After discussion and consideration of the entire subdivision, and a previous court decision on this property in question, we unanimously recommend that the annexation not be granted. The Board does not consider it advisable to recommend zoning contrary to the court's decision, nor does it feel that any annexation of a small portion of this subdivision would be economically feasible. °' Mr. Jurney read the following letter received from Mr. Hall regarding his petition for annexation to the City: "I understand that the Planning and Zoning Board in recent meeting denied my request to be annexed to the City of Delray Beach on the basis of C-2 Zone. It was not my intention to get a broader zoning. I only want the proper zoning that would be required to allow me the same privileges that I have with the County Zoning which is C-lA. Please consider annexing my property on a C-1 basis." Mr. Jurney said that Mr. Hall desires to be annexed to the City to have the benefit of reduced fire insurance rate, City water, police and fire protection and other services of the City. During discussion, Mayor Avery suggested that this item be referred back to the Planning and Zoning Board with the request for C-1 instead of C-2 zoning. Mr. Jurney read a letter that Mr. Charles Hall had received from the Palm Beach County Zoning Commission and stated that Mr. Hall has never asked the Palm Beach County Zoning Commission for any specific type of zoning: "This letter is to inform you of the Zoning change which has occurred on the above referenced property, Silver Terrace S/D, Lots 4 & 5, Block 2. On Thursday, May 5th, 1966, the Zoning Commission of Palm Beach County changed the zoning classification on your property from R-2 Multiple Family Dwelling District to C-iA Limited Commercial District. This change of zone was accomplished by the Zoning Commission in accordance with the provision with the final judgment entered on April 29th, 1966, in the Circuit Court Case of William H. Murtha vs. the Zoning Commission." There was discussion about how close a City water line and other property within the City are to that property. City Manager Gatchel suggested that since there is a new request from Mr. Hall, it be referred back, under the new request, to the Planning and Zoning Board. He assured Council that he would furnish the Planning and Zoning Board with accurate information as to the availability of water, sewer, etc. Mr. Jurney moved that this item be referred back to the Planning and Zoning Board, the motion being seconded by Mr. Merritt and unani- mously carried.