O98-27ORDINANCE NO. 098-.~'
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE APPLICATION OF ROLAND E.
AND CEILA M. FOSTER (A 23.4 ACRE PARCEL
LOCATED NORTH OF MINOR ROAD BETWEEN
LAWRENCE ROAD AND CONGRESS AVENUE);
ANNEXING A CERTAIN UNINCORPORATED
TRACT OF LAND THAT IS CONTIGUOUS TO THE
CITY LIMITS WITHIN PALM BEACH COUNTY AND
THAT WILL, UPON ANNEXATION, CONSTITUTE A
REASONABLY COMPACT ADDITION TO THE CITY
TERRITORY, PURSUANT TO A PETITION BY THE
OWNER OF SAID TRACT OF LAND, REQUESTING
ANNEXATION PURSUANT TO ARTICLE I,
SECTION 7 (32) OF THE CHARTER OF THE CITY
OF BOYNTON BEACH, FLORIDA, AND SECTIONS
171.044, AND 171.062(2), FLORIDA STATUTES;
PROVIDING THE PROPER LAND USE
DESIGNATION AND PROPER ZONING OF THE
PROPERTY SHALL BE REFLECTED IN SEPARATE
ORDINANCES TO BE PASSED SIMULTANEOUSLY
HEREWITH; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE; PROVIDINGTHAT THIS
ORDINANCE SHALL BE FILED WITH THE CLERK
OF THE CIRCUIT COURT OF PALM BEACH
COUNTY, FLORIDA, UPON ADOPTION.
WHEREAS, the Comprehensive Plan for the City of Boynton Beach
requires the development of an Annexation Program; and
WHEREAS~ Julian Bryan of Julian Bryan and Associates, Inc., agent
on behalf of Roland E. Foster and Ceila M. Foster, property owners, , as
owner of the property more particularly described hereinafter, has heretofore
filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of
Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a
certain tract of land consisting of 23.4 acres; and
WHEREAS, the City of Boynton Beach hereby exercises its option to
annex the following tract of land as hereinafter described, in accordance with
Article I, Section 7 (32) of the Charter of the City and Section !71.044, and
:L7::L.062(2), 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,
and.will, upon its annexation, constitute a reasonably compact addition to
the City territory.
NOW, THEREFORE, BE TT ORDATNED BY THE Cl'TY
COMM'rss'roN OF THE CI'TY OF BOYNTON BEACH, FLOR1'DA, THAT:
Section 1. Pursuant to Article :[, 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:
The West 2/3 of the South ~ of the
East ~ of the Northeast ~ of the
Southwest ~ and the West 2/3 of the
East ~ of the Southeast ~ of the
Southwest ~ of Section 7, Township 45
South, Range 43 East; said lands
situate, lying and being in Palm
Beach County, Florida, LESS the South
40 feet thereof.
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
boundaries thereof.
Section 2:
had been originally incorporated in the territorial
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: That by Ordinances adopted simultaneously herewith, the
proper City zoning designation and Land Use category is being determined as
contemplated in Section 171.162(2), Florida Statutes.
Section 4. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Section 5:. 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 6: This Ordinance shall not be passed until annexation is
advertised for two (2) consecutive weeks in a newspaper of general circulation in
the City of Boynton Beach, Florida, as required by the City Charter and Section
171.044, Florida Statutes.
Section 7. This ordinance shall become effective immediately upon
passage.
Section 8.
Section 9.
the Circuit Court of Palm Beach County, Florida.
FIRST READING this ?' day of ~
Specific authority is hereby given to codify this Ordinance.
This ordinance, after adoption, shall be filed with the Clerk of
,1998.
SECOND, FTNAL READING and PASSAGE this ~=~/ day of
1998.
CT'FY OF BOYNTON BEACH, FLORIDA
3¥or ~ro I om
Commissioner
A'I-i'ES-I-:
Cit~ Clerk ·
(~ .
s~r~nnexa~on Fo~: