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LEGAL APPROVAL :L v-Q. t.,V , ~ ORDINANCE NO. 89-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, <FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ~NEXATION PURSUANT TO ARTICLE I, -SECTION 7 ( 32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION 171.044, FLORIDA STATUTES; REPEALING ALL ORDINANCES AND PARTS OF . ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES. ~ WHEREAS, Enrico Rossi, agent for the Lake Worth Drainage District, owner of the following tract of land as hereinafter described, has filed a Petition for Annexation to the City of Boynton Beach, Florida, directed to the City of Boynton Beach, Florida, directed to the City Commission pursuant to Article I , Section 7 ( 32) of the Charter of the City and Section 171.044, Florida Statutes; and WHEREAS, said tract of land lying and being within Palm Beach County is contiguous to the existing City limits of the City of Boynton Beach, Florida and will, upon its annexation, co'nstitute a reasonably compact addition to the City ~ territory; and 0< NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: Pursuant to Article I, Section 7 (32) of the Charter of the City of Boynton Beach, Florida and Section 171.044, Florida Statutes, the following described unincorporated and contiguous tract of land situated and lying and being in the County of Palm Beach, Florida, to wit: Ac[) ...- ~ . .' <... . -\ The East 734 feet of the Lake Worth Drainage District Lateral Canal #24 lying West of and adj acent to the West right-of-way of Congress Ave. described as follows: The West 734 feet of the East 794 feet of the South 25 feet of Section 19, Township 45 South, Range 43 East, Palm Beach County, FL. together with the West 734 feet of the East 794 feet of the North 60 feet of Section 30, Township 45 South, Range 43 East, Palm Beach County, FL. . is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be and become part of the City with the same force and effect as though the same had been originally incorporated in the< territorial boundaries thereof. Section 2: That Section 6 and 6(a) of the Charter of the City of Boynton Beach, Florida, is hereby amended to reflect the annexation of said tract of land more particularly described in Section 1 of this Ordinance. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. section 5: This Ordinance shall not be passed until the same has been advertised for four (4) consecutive weeks in a ,newspaper of general circula tion in the City of Boynton Beach, Florida, as required by the city Charter and Section 171.044, Florida Statutes. Section 6: This Ordinance shall become effective immediately upon its final passage. Section 7: Specific authority is hereby given to codify this Ordinance. Section 8: This Ordinance, after adoption, shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida. FIRST READING this S ?A-- day of &~I~6e , 1989. @;L SECOND, ~/?Jbe)/" , ~ , ATTEST; FINAL READING and PASSAGE this oqrJi day of 1989. i , .1< CITY OF" BOYNTON BEACH, FLORID~ ,/ /<.../7 ---- ,<' ,/...../l t.. --- ---- ..' ~~'.I/.',/' . /:i'?,' . c/ ;' Mayor l'~~ !/" I. i-\". i..'l.;;? Vice Mayor \ 4f/Io~!f ~~ U~--<~ CO issioner , ct~/(L~ <'-C6mfuissioner Ci~~ (Corporate Seal) ~ (JJ$ Notice of ... Municipal \ Annexat ion FROM: City of Boynton Beach, Florida Please be advised by this notification and attached location map, that certain <lands have been annexed by BOYNTON BEACH, Florida. Information contained herein is pertinent to the area in question. If additional material is required, please contact the office of: THE CITY ~LANNER. /j Name of Developme~t/Owne~: . I Lake Worth Drainage District . Ordinance # 89-2S or Special Act of State Legislature: Bill i . . < . Effective Date: < October 3; <1989 .' Arda of Subject Propert~: : 62~377;92 Sq.Ft. 1..432 Acres Estimated Present Population: 0< Estimated Number of Existing Dwelling Units: 0 Estimated Present Residential Density:< '0 d.u. Is/acre Zoning: . N/A '. Density Allowed: . d.u~' Is/acre ~xisting Typ~ of Development: < Canal Right-of-Way Proposed Type of Development: Same *Owner or Petitioner *County Commissioners All City Departments All Utility Compan~es Chamber of Commerce . *County Planning, Bldg, Zonin, *Area Planning Board *County Tax Assessor .. :~:~ " . Bureau of Census *Secretary of State *Supervis~r of Regist~ation *State Beverage Department *State Department .of Transporation *Clerk of County' Circuit Court to receive copy of ~rdinance Attachment Location Map D-l ~% .._---~ --.. ... .... l . .............. \1 ':;:) ~ \tl '> ""t Fl" p.. p.. '.. . " '"to ,,/4' ."? ~. \. \ \ , .~ \\\o..~o 160~O J€N€I .r.~.~ MEMORANDUM TO: Mr. James J. Golden Senior City Planner DATE: August 3, 1989 FROM: Betty S. Boroni City Clerk RE: LWDD Annexation Application ". Confirming your July 31 memo, we are processing the Lake Worth Drainage District application without sending out public notices or advertising same. We will await preparation of the annexation ordinance after City Commission review on August 15 and advertise that in accordance with annexation ordinance procedure. Please advise if there are any changes for this application. 4!1:/~: Betty . Boroni cc: G. Hunt R. Rae RECEIVED BSB/smk AUG 4 1E89 PLANNIi~G DEPT. - - . pW AGENDA MEMORANDUM July 31, 1989 FROM: Peter L. Cheney, City Manager James J. Golden, <Senior City Planner Lake Worth Drainage District - Annexation TO: RE: Accompanying this memorandum you will find a copy of < an application for annexation submitted by Enrico Rossi, agent for the Lake Worth Drainage District, property owner. Mr. Rossi is proposing to annex a 1. 432 acre portion of the L.W.D.D. L-24 Canal between North Congress Avenue and Winchester Park Boulevard. The property is contiguous to the corporate limits along its entire northern, eastern and southern property boundaries (see attached location map). Analysis of the municipal boundary description and the tax maps by the Planning Department staff appears to indicate that this right-of-way is currently wi thin the City. Research by the applicant, however " indicates that this portion of right-of-way has never been ,I, formally annexed into the City. < Please place this item on the City Commission agenda for the August 15, 1989 meeting for the Commission's consideration priori to first reading of the ordinance to annex. f=fJO. ~ ,I I JJG:frb Encs { cc: Carmen Annunziato Central File Lwddannx ";r@ ....... . . MEMORANDUM --------- July 28, 1989 TO: James J. Golden, Senior City Planner FROM: Peter L. Cheney, City Manager Raymond Rea, City Attorney THRU: .. RE: Legal Issues Concerning Processing of an Application for Annexation of Canal Right-of-Way I have reviewed your Memorandum dated July 25, 1989, and the attachments and provide answers to your questions, .as follows: 1. 2. We should annex, if they wish. There is no need to hold public hearings prior to 2nd reading of Ordinance to annex. 3. There is no need for land use element amendment and rezoning. ~~[l~~~ Raymontl Rea, City Attorney RR/r RECEIVED JUL 28 mag PLANWN@ IJg:f1f: ~ t~(jJ) "--.-1. i : '> t r I ,. : RE: Legal Issues Concerning Processing of an Application for Annexation of Canal Right-of-Way , Accompanying this memorandum you will find a copy of an : application for annexation submitted by Enrico Rossi, agent for the Lake Worth Drainage District, to annex a portion of the L.W.D.D. L-24 Canal between Congress Avenue and Winchester Park Boulevard (see attached copies of tax maps). The property on both sides of said right-of-way is within Boynton Beach and is zoned C-3 on the north side and C-3 on the south side, with the exception of the property on the south side of the extreme western portion of the canal right-of-way, which is zoned PU and is occupied by a city-owned lift station. Analysis of the City's zoning map and legal boundary description by our staff indicates that said right-of-way is located within the City. Research by the applicant, however, indicates that this right-of-way has never been annexed into the City. With respect to this application, the Planning Department is requesting that you provide a legal opinion on the fOllowing: ? 1) Is there a need to annex this right-of-way~into the < City or can it be assumed that this portion of L-24 Canal right-of-way is currently in the City? (See definition of "contiguous" on page 1879 of!Appendix A and Sections 3. A. 5. a, band c, "rules for' interpretation of district boundaries", on page 1894 of Appendix A.) If the City proceeds with this application, is there a need to hold pUblic hearings prior to second reading of the ordinance to annex? Section 7(32) of the City I Charter (page 21) and Chapter 171.044 of the Florida Statutes do not indicate that any additional public hearings are required. When the northwest<corner of the mall was annexed, public hearings were held before the Planning and Zoning Board and City Commission prior to first and second reading of the ordinance to annex. I The attorney for the DeBartolo Corporation, Cormac Conahan, indicated that his research of the City Charter and the Florida Statutes revealed that there is no specific requirement for these additional hearings. However, the attorney had no objection if it was the desire of the City to hold these extra hearings. ! TO: : THRU: : FROM: ~ .. k MEMORANDUM JU1* 25, 1989 Raymond Rea, City Attorney Peter L. cheney, City Manager James J. Golden, Senior City Planner 2) I I I .; ;1<181 / . ...... ',<. -.~ 3) If the City proceeds with this application, should the applicant also be required to submit an accompanying application for land use element amendment and rezoning? In the past, when the City has annexed 0 public rights-of-way, including canal right-of-way, an application for land use element amendment and rezoning has not been required. Please respond in writing at your earliest possible convenience I, so that I may advise the applicant accordingly. <, .~ Jr.'-I:. .~ AMES' . GOLDEN .. JJG:frb Enc cc: Carmen Annunziato Tim Cannon Tambri Heyden Enrico Rossi Bill Winchester Annex -~ t([J .~, < d~V;;':C < <:.x'o~...J ,<. <. I I ~I. ..._-~~~,~.....,.. lfJ;,1t!V'IMI'~ ............~..,;J~...~U.....L. ~~ .~ <:0<<,