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52-90 ORDINANCE 52-90 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 90-1 PURSUANT TO THE PROVISIONS OF THE "COUNTY AND MUNICIPAL PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES CHAPTER 163; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 - 163.3243 known as the "County and Municipal Planning and Land Develop- ment Regulation Act"; and, WHEREAS, via Ordinance 82-89 the City adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 90-1"; and, WHEREAS, the Planning and Zoning Board as the Local Planning Agency, following due public notice, held a public hearing on May 7, 1990, in accordance with the requirements of the "County and Municipal Planning and Land Development Regulation Act"; and, WHEREAS, after the above-referenced public hearing, the Plan- ning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 90-1 be adopted; and, WHEREAS, proposed Comprehensive Plan Amendment 90-1 was sub- mitted to and reviewed by the City Commission; and, WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 90-1 was held by the City Commission on May 22, 1990, in accordance with the requirements of the "County and Municipal Planning and Land Development Regulation Act"; and, WHEREAS, proposed Comprehensive Plan Amendment 90-1 was forward- ed to the State Department of Community Affairs for review and comment on May 31, 1990; and, WHEREAS, a report of Objections, Recommendations and Comments has been received from the State Department of Community Affairs and said report has been reviewed by the Planning and Zoning Board, as Local Planning Agency~ and is the basis for modifications to the proposed Comprehensive Plan Amendment 90-1; and, WHEREAS, following due public notice, the second of two re- quired public hearings on Comprehensive Plan Amendment 90-1 was held by the City Commission on November 13, 1990, in accordance with the require- ments of the "County and Municipal Planning and Land Development Regula- tion Act", NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 - 163.3243 known as the "Local Government Comprehensive Planning and Land Development Regulation Act." Section 2. That in implementation of its declared intent set forth in Section 1 of this ordinance, there is hereby adopted and incorporated herein by reference the document entitled "Comprehensive Plan ~endment 90-1." Section 3. That the document entitled "Comprehensive Plan Delray Beach, Florida" is hereby ~ended pursuant to the document entitled "Comprehensive Plan ~endment 90-1." Section 4. 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. Section 5. That this ordinance shall become effective upon the City's receipt of Notice of Compliance from the State Department of Co--unity Affairs, pursuant to Florida Statutes Section 163.3184. PASSED ~D ADOPTED in special session on second reading on this the 20th day of November , 1990. ATTEST: I.~ l~. · City C~erk / First Reading October 23, 1990 Second Reading November 20, 1990 - 2 - BOCA RATOlq' NEWS DI~.LP,~.Y BEACH NEWS BOYNTON BEACH NEWS Published Daily Men,lay thru Sunday Boca Raton, Palm Beach County, Florida Delray Beach, Palm Beach County, Florida STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared NANCY WATT who on oath says that she is the Classified Advertising Manager of the Boca Raton News and the Delray Beach News, daily newspapers published at Boca Raton in Palm Beach County, Florida; that the attached copy of advertisement was published in said newspapers in the issues of: nunmntn~ - AN ORDINANCE OF THE CiTY ¢0~ MISSION OF THE CiTY OF DEB. RAy ~EHE~I~ P~N ~EN~ENT ~t ~RSU~T TO THE PROVI- SIONS OF THE ~NTY AND MU- N~IPA~ P~NNJ~ AND ~D ~ LORI~ ~A~TES CHA~ER t~; Affiant further says that the said Boca Raton .... ~~ News and Delray Beach News are newspapers pub- P,,OY,OmO A SAY,NO PROVIDING AN EFFECTIVE DATE lished at Boca Raton, in said Palm Beach County, t. ac..~ ~ ~ Florida, Monday through Sunday, and have been ~M ~ n ~ ~ s~ entered as second class matter at the post office in ~ ~ ~ ~ ~ ~ c~ ~ ~ C~ ~1~ ~ ~.W. ~ A~, Boca Raton, Palm Beach County, Florida, fo~ ape- ~ tied of one year next preceding the f~st publica- ~ ~. ~ c~ c~ will ~ · ~ ~m~ tion of the attached copy of advertisement; and ~, 1~ ~ 7:ffi P~. (~ ~ ~y affiant further says that she has neither paid no~ ~. ,~h ~ ~ ~ ~ ~ ~m~), ~ ~h ti~ pFomised ~y peFso~, fiFm o~ oo~oF~tio~ ~y dis- h ~di~e wm. r~ ~ ~it. ~ ill ~ ~ will N O0~t, rebate, oommissio~ or Fef~d foF the p~- a. ~ ~. ~. ~ pose of securing this advertisement for publication c~ ~ ~ ~y ~i~ m~ by in said newspapers. ~ ~ ~ ~ m~ ~ Swo~n to an bsc~ibed before mo this ~BLISH: ~ I, ~ T~ ~ I~('H.~,~ CHARLENE RICH My Commission expi~Pullt~/~ U,~ ~