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Ord G-221(25-55) OPDINANCE NO. G-221 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, PALM BP~CH COUNTY, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, THE FOLLOWING DESCRIBED TRACT OR PARCEL OF LAND LOCATED IN PAI~ BEACH COUNTY, FLORIDA, AND LYING CONTIGUOUS TO THE~ CITY OF DELRAY BEACH, TO WIT: THE EAST QUARTER (E~) OF MODEL LAND CO~.~ANY ' S LOT 4, SECTION 8, TOWNSHIP ~6 SOUTH, RANGE 43 EAST, PALM BF~CH COUNTY, FLORIDA, ACCORDING TO THE PLAT SHOWING THE SUBDIVISION OF SECTION 8, TOWNSHIP 46 SOLFfH, RANGE 43 EAST, ON FILE IN THE OFFICE OF THE CLF~ OF THE CIRCUIT COURT IN AND FOR PALM BEACH COL~NTY, FLOP~IDA, RECORDED IN PLAT BOOK 1, PAGE 4, AI~D PROVIDING SAID PROPERTY SHALL NOT BE SUBJECT TO EXISTING BONDF~ INDEBTEDNESS OF THE CI~ OF DELRAY BF~CH, FLOHIDA, AND PROVIDING FOR TAXATION OF SAME. WHEREAS, the City Commission of the City of Delray Beach, has de- termined to annex to the City a tract of land as more particularly described in Section I hereof, and ~a single ~man, E. L, Sch~midt a.n~d ~Daisy M. gchmidt, his Mife, and John W. Alling and Augusta E. Allmn~. his wm~e,~ ~ WHEREAS, WILLIAM M. YOUNT/are the sole fee simple title oMnersof the property described in Section I hereof and have duly consented and given permis- sion to the annexation of said property by the City of Delray Beach, and WHERF~S, the City of Delray Beach, Florida, is authorized by virtue of Chapter 27,510, S~oecial Laws of Florida, Acts of 1951, to annex the said land s; NOW, THEREFOP~, BE IT ORDAINED by the City Commission of the City of Delray Beach, Florida, as follows: Section l: That the City Commission of the City of Delray Beach~ Palm Beach County, Florida, hereby annemes to said City the followiz~g described tract or parcel of land located in Palm Beach County, Florida, and lying contig- uous to said City, to wit: The East Quarter (E~1) of Model Land Company's Lot 4, Section 8, Township &6 South, Range 43 East, Palm Beach County, Florida, according to the plat showing the Subdivision of Section 8, Township 46 South, Range 43 East, on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book l, page 4. 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 lands are hereby declared to be in the corporate limits of said City of Delray Beach, Florida. -1- Section 3: The property hereinabove described and herein annexed to the City of Delray Beach, Florida, shall not be subject to taxation for the retiring of any existing bonded indebtedness of the City of Delray Beach, Florida. Section ~: The property hereinabove described and herein annexed to the City of Delray Beach, Florida, shall not be taxed for ad valorem taxes in excess of an annual tax of $5.00 per lot, as shown on said plat, for ten (10) years from the date of the enactment of this ordinance In the event, however, any such lot is sold by William M. Yount~ a single man, and/or E. L. Schmidt andl Daisy Mo Schmidt, his wife, and/or John Wo Alling and Augusta E. Alling, his wife, or in the event any building is constructed on any lot, then such lot slmll be subject to no~mal taxation, except for bonded indebtedness aforesaid° Section 5: That, if any word, phrase, clause, sentence or part of this Ordinance shall be declared illegal by a court of competent jm-isdiction, such record of illegality shall in no way affect the remaining portion. i___~~ASSED in Regular Sessi°n °n tho sec°nd and final reading °n this the~ day of December, AeDe, 1955e ! 2nd Reading: ¢[0 i}7 1955 PASSED & ADOPTED: LqEO :: 1955 REQUEST AND CONSENT BY OWNERS TO CITY OF DELRAY BEACH, FLORIDA, TO ANNEX LANDS INTO CORPORATE LIMITS. WHEREAS, William M. Youmt, a single man, E. L. Schmidt and Daisy M. Schmidt, his wife, and John W. Alling and Augusta E. Alling, his wife, are the owners in fee simple of the following described lands, which are unincorporated and lying contiguous to the territorial limits of the City of Delray Beach in Palm Beach County, Florida, to wit: The East Quarter (Et) of Model Land Company's Lot 4, Section 8, Township 46 South, Range 43 East, Palm Beach County, Florida, according to the pl~t showing the Subdivision of Section 8, Township 46 South, Range 43 East, on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1, page 4. WHEREAS, said owners do desire the City of Delray Beach, Florida to annex said lands within its territorial limits, provided, however, said lands will not be subject to existing bonded indebtedness; and further, that the said lands will not be taxed in excess of an annual ad valorem tax of $5.00 per lot, (after subdivision thereof) for ten (10) years from date of taking into the City; PROVIDED, HOWEVER, that in the event that any such lot is sold by William M. and/or Yount, a single man,/E. L. Schm~dt and Daisy M. Schmidt, his wife, an~John W. Alling and Augusta E. Alling, his wife, or in the event that any building is con- structed on any said lot, as per said olat, then said lot may be taxed without '. limitation, except for bonded indebtedness as aforesaid; and W~iER~AS, the City of Delray Beach, Florida, before annexing s~id des- cribed lands, is required to obtain the consent and permission of the owners of any tract of land proposed to be annexed in accordance with the Charter Provis- i lons of said City, being Chapter 27,510, Special Laws of Florida, Acts of 1951. NOW, THEREFORE~, for the purposes aforesaid, William M. Yount, a single i man, E. L. Schmidt and Daisy M. Schmidt, his wife, and John W. Alling and Augustai E. Alling, his wife, the owners of the above described property, do hereby con- sent and give their permission to the annexation of said lands by the City of Delray Beach and to the inclusion of said lands within the corporate limits of said City. IT IS FURTHER~ UNDEESTOOD that the first reading of the Ordinance annex-i lng said lands will be read at the regular meeting of the City Council of the City of Delray Beach, Florida, on Tuesday, December /.~, 1955, and that said ordinance, in addition to providing for the annexation of said lands, will .mm provide that the lands will not be subject to existing bonded indebtedness and that taxation will be limited as aforesaid. Alltng, his E. L. Schmidt and Daisy M. Schmidt, his wife, and John W. Alling and ^ug~sta IN WITNESS kq~EREOF, the said William M. Yount, a single ma~, have hereunto settheir handsand sealsto this Request and Consent by OwnerBto City of Delray Beach, Florida to Annex Lands, this ~ '~ day of December, 1955. IN THE PRESENCE OF: . ._ ~ v Wi~llia~ M~y°unt z .. Jo~ W. Alling~ STATE O~ ~0R~A ) '- (')' Au~sta ~. All,rig : SS. E.L. Schmidt and Daisy M. Schmidt, hie w~fe, CO~TY OF PA~ B~CH ) ~ ana John W. Allin~ ana Au~sta E. Allin~, his I ~BY ~, that on this day before me, an ottiaer d~y author- ized to take an~rt~y ackn~ledgments, oersonal~ appeared WILL~M M. YO~T, a single man,~o me well known and known t~ me to be the individua~described in and ~ho executed the above Request and Consent and acknowledged before me that ~ executed the same. WIT~ ~ hand and otfiatal seal in the County and State last afore- said this i~m'1~ay of December, A.D., 1955., Nota~ ~blic, State of Florida ~ co~ission e~ires: My Con~cn ~,e50~t. SI, -2- oI119 ORDINANCE NO.~_ 221 AN ORDINANCE OF T~ CI~ CO~$~ISSION OF TH~ CITY OF DFLRAY BEACH, PALM B~ACH COUNTY, FLORIDA, ANNEXING TO THF CITY OF DELRAY BEACH, ~ FOLLOWING DMSCRIBED T}~ACT OH PARCEL OF LAND LOCA~D l~ PALM BEACH COUNTY, FLORIDA, AND LYING CONTIGUOUS TO THY CITY OF DELRAY BEACH, TO WIT: ~ F~ST QUARTER (E~) OF MODEL LAND COMPANY ' S LOT 4, SECTION 8, TOWNSHIP Z6 SOUTH, RANGF 43 FAST, PALM BEACH COUNTY ~ FLOP. IDA, ACCORDING TO THE PLAT SHOWING ~ SUBDIVISION OF SECTION 8, TO~NSHIP A6 SOUTH, RANGE 43 EAST, ON FILE IN TRE OFFICE OF THF CLMBX OF TH~ CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, REC0~)ED IN PLAT BOOK l, PAGE 4, A~ PROVIDING SAID PROPEETY SHALL NOT BE SUBJECT TO EXISTING BONDED INDk~BTED~ESS OF TH~ CITY OF DELPAY BFACH, FLOLIDA, AND P~OVIDING FOE TAXATION OF SAgo WHEBF~S, the City Commission of the City of Delray Beach, has de- termined to annex to the City a tract of land as more particularly described in Sea,icon 1 hereof, and ~ a sm.ngme man, E. L. Schmidt and Daisy M. Schmidt, his wife and John W. Alling and August,_~ ~llinW~L~' wif_e ~-_,-- ' WHE~F~S, M. Y~U~Ff/~ the sole fee simple title ownersof the property described in Section 1 hereof and hm~ duly consented and given permis- sion to the annexation of said property by the City of Delray Beach, and ~HtERFAS, the City of Delray Beach, Florida, is authorized by virtue of Chapter 27,510, Snecial Laws of Florida, Acts of 1951, to annex the said land s; NO~, TH~REFOH~, BW IT OPJJAINED by the City Commission of the City of Delray Beach, Florida, as follows: Section ~t: That the City Commission of the City of Delray Beach, Pal~ Beach County, Florida, hereby annexes to said City the following described tract or parcel of land located in Palm Beach County, Florida, and lying contig- uous to said City, to wit: The East Quarter (E~) of Model Land Company's Lot 4, Section 8, Township 46 South, Range 43 East, Palm Beach County, Florida, according to the plat showing the Subdivision of Section 8, Township 46 South, Range 43 East, on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1, page 4. ~ection 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 lands are hereby declared to be in the corporate limits of said City of Delray Beach, Florida. -1- $petion 3: The property hereinabove described and herein annexed to the City of Delray Beach, Florida, shall not be subject to taxation for the retiring of any existing bonded indebtedness of the City of Delray Beach, Florida o .~ection 43 The property hereinabove described and herein annexed to the City of Delray Beach, Florida, shall not be taxed for ad valorem taxes in excess of an annual tax of ~5.OO per lot, as sho~n on said plat, for ten (lC) years from the date of the enactment of this ordinan4e. In the event, however~ any such lot is sold by ;~illiam M. Yount, a single m~.n, and/or F. L. Schmidt and Daisy M. Schmtdt, his wife, and/or John W. Alling ~,~ ~'ugusta g. All~, his shall be subject to normal taxation, except for bon~/~t bted ss a ~id. ~ ~.~, ~ ~ ~.ection ~51 That, if any word, ohrase, cl~d~fientence or par~ of ~ ~ =-. this Ordinance shal! be declared illegal by a cour~/t~ u~,mpeten~_~,Juris~totion~ '~':~ ~ ~ such record of illegality shall i~ no way affect ~~ining P°rtionJ~ PASSED in Regular Session on the second and final reading on this the g2~ day of December, A.D., 1955 /si w. snow ....... Mayor ATTEST: /S/ R.D. WO,tTHING City Clerk 1st Reading: ~IV.C ~ ~ 2nd Reading: Dec 27th 1955 .~ -~- - PASgED g~ ADOPED: Dec 27th 19~ -~ '1' ' ~ ' STA'O~ 0}" FLOI{II)A COUNTY 0F PALM BEACH CITY OF DEI,d~Y BRACH [, i{OBL~{T D. ~Oi{THING, City Clerk in and For tho City of belray Beach, Florida, do hereby certify that the fore_~oin~ is a true and correct ropy of Ordinance No. G-~I, ihe original of which is on File and appear of peeord in my IN ~I~iSS ~}~fl~OF I h~ve hereunto set my hand and affixed the official so~l of the City of Delr~y Beach, Florl0a, on this the 27th day of Dec.bee, A. D. 1955. .~ / ~, Fhis mstr~ent w~ f,~ for R~rd~~ ~ and R~orded }n B~k ~d Page ~ ~ve. R~ord verffi~. J. ~EX ARNE2T~ Cl~k C~cuit Court, Palm Be~ch ~unW, F~rida. -2- B~~~ :D~mty Clerk THE DELRAY BEACH JOURNAL Published weeldy on Thursday Delray Beach, Palm Beach County, Florida STATF, OF FLORIDA COUNTY OF PALi~I BEACH ~~/~the undersigned authority personally appeared who on oath says that he/&he is Edt~or or Publisher of The Delr~y Beach Journal, a weekly newspaper published at Delray Beach in Palm P. ea<;h County, Florida; thai the attached copy of advertisement, be- ing a Legal Notice in the matter of FLORI- TAXA- a ~ M. FOUNT. in the ........................ Court, was publlsh~ in ~d newspaper Dalsp., SC~wffe, ~ Affiant further says that the said Delray Beach Journal is a news- P'lori- paper published at Delray Beach, in said P~lm Beach Co~, Flo~da, Section 1: That ~L'~I~ Commie. and that the ~d newspaper has heretofore b~n con,flnuo~ly published i1~ ~t th~ City .~$~y ~a~m oeach Co~l~' hereby in said Palm B~h Count, ~o~ ~ch w~k and ~ ~n en~red annexes to sald~ ~e 'follow~g as second c~s mail maker ag the ~st o~ice in Del~y ~, Paint descried ~act ;~el of land ~ch ~unty, ~ori~, for a ~ of one year next prec~ing the ~cated in Pal~.':~ach Co~ty, fi~t ~blica~on of the a~ch~ copy of adge~ement; and ~flant !orl~a, a~ 1~. c~ous to said city, to wit: : ~her ~ys that he has neith~d nor promised any pe~n, firm ~he.g!st Q~ (g~) ~ or ~tion ~y ~sco~r~to, con,ion or refund for ~e ua~ ~,~s. ~ot 4, Section . ~e of s~g th~d~ment for publi~on~ the~said l;Xo~ ~::,~, R~g. ~P 46 ~, ~e 43 ~mmt, on f~e..tn ~, ~fl~ of ~e etak Sworn ~ ~d subscri~ before me t~ ...~ ...... day of ~: m ,mt'a~k l. pas. ~.  ecu~ i: ~t ~e bo~es of ~ ~e City of-Deh~ Beach, hereby decided ~:~ In ~e co~ ~ por~te ll~ta ofi s~City of Del. (SEAL) ~0~.~ Public, State of ~orida at large, ra~ Be~ch, Florida. ' ~ Section 3: l'he ff~pe~y herein* Ibove descried end her~ ,~exed ~ly Co:nmiss~on ex~! .~V~9, .$~ .~ .~9~ [~r,e Ilo ~e City of Debmy Bet&h, Florida, ~,.. Commis~;ioa ex~s Mo~ ]; '~ 75'~. ~ shellac ret~gn°t ~ of SUbJeCtany e~st~gt° taxationbondedfOr ~:a~ ~ad by Amer ~ S~r~ ~O. Of N.Y. indebtedness of ~e City of De~ay Beach, Florida. Section 4: The p~pe~y herein- . above described ~d herein ~nexed ' to the City of Delray Beach~ Flori- da, shall not ~ taxed for ad valorem S5.00 per lot, em aho~ on sail plat, for ten (I0) ye~a from date of the e~ctment of ~ls o~i- such lot Is sold by William M. Yount, a single m~, ~d/or E.L. Schmidt ~d Daisy M. Sc~dt, him w~e, mnd/ or John W. Alibi aM Auosta AII~, him wH~, or tn ~e event