LEGAL APPROVAL
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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.
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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
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territory; and
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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:
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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.
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SECOND,
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ATTEST;
FINAL READING and PASSAGE this oqrJi day of
1989.
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CITY OF" BOYNTON BEACH, FLORID~
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(Corporate Seal)
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Notice of
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Municipal
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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.
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Name of Developme~t/Owne~:
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Lake Worth Drainage District
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Ordinance # 89-2S
or
Special Act of State Legislature: Bill i
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Effective Date: < October 3; <1989
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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
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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
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MEMORANDUM
TO: Mr. James J. Golden
Senior City Planner
DATE: August 3, 1989
FROM: Betty S. Boroni
City Clerk
RE: LWDD Annexation Application
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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.
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Betty . Boroni
cc: G. Hunt
R. Rae
RECEIVED
BSB/smk
AUG 4 1E89
PLANNIi~G DEPT.
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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.
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cc: Carmen Annunziato
Central File
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MEMORANDUM
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July 28, 1989
TO:
James J. Golden, Senior City Planner
FROM:
Peter L. Cheney, City Manager
Raymond Rea, City Attorney
THRU:
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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.
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Raymontl Rea, City Attorney
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RECEIVED
JUL 28 mag
PLANWN@ IJg:f1f:
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: 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
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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:
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MEMORANDUM
JU1* 25, 1989
Raymond Rea, City Attorney
Peter L. cheney, City Manager
James J. Golden, Senior City Planner
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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
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so that I may advise the applicant accordingly.
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AMES' . GOLDEN
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cc: Carmen Annunziato
Tim Cannon
Tambri Heyden
Enrico Rossi
Bill Winchester
Annex
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