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04-09-73 APRIL 9, 1973 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:30 P.M. on Monday, April 9, 1973, with Mayor James H. Scheifley presiding, City Manager J. Eldon Mariott, City Attorney G. Robert Fellows. and Council Members Grace S. Krivos, J. L. Saunders, Leon M. Weekes and O. F. Youngblood present. 1. The oDening prayer was delivered by Dr. Frederick Bush of St. Paul's EDiscoDal Church of Delray Beach. 2. The Pledge of Allegiance to the Flag of the United States of America was given. 3. The minutes of the regular meeting of March 26, 1973 were unanimously approved on motion by Mrs. Krivos and seconded by Mr. Wee~es. 4.a. Mrs. Krivos brought to the attention of Council a bill from Marion's Garage in the amount of $1,593.86, which amount is attributable to the repair of Police vehicles. Police Chief Grantham informed Mrs. Krivos that the amount for repairs gener- ally ranges from $900 to $1,500 per month. Mrs. Krivos asked whether or not the City had a sufficient number of mechanics in the City Garage to repair the police vehicles. Chief Grantham stated that if one of the police vehicles came in, other matters would have to be dropped in order to repair the vehicle on an emergency basis. Mrs. Krivos suggested that this matter be given some thought and be discussed in a workshop meeting. 4.b. Mr. Weekes informed Council that Mr. Arnold Ramos is leaving the Department of Transportation, He suggested that a Resolution of commendation be sent to Mr. Ramos from the Council. Mr. Weekes stated that Mr. Ramos had been one of the most cooperative individuals with whom he had worked in public office. Council unanimously agreed with this suggestion and Mayor Scheifley requested City Attorney Fellows to prepare such a Resolution for the next meeting. 4.c. Mr. Weekes reported that when Council met with Mr. Ramos and DOT to discuss the problems with the 1-95 interchange at Atlantic Avenue, one of the major concerns was the proper place- ment of the people still remaining in the right-of-way area and connected with this problem was the completion of a certain portion of the Stuart Arms Apartments. A'representative from Stuart Arms attended the meeting and he assured Mr. Ramos and the City that his firm would complete certain of the buildings so the people could be placed prior to the deadline. Mr. Weekes indicated his dissatisfaction with the reports received and expressed his desire to take some action concerning progress reports so Council would know what progress has or has not been made. Mr. Youngblood questioned the report given at the first meeting which had stated 12 families would be placed by June 1st. Discussion followed indicating that imcomplete reports had been received. Mr. Mariott stated that any progress reports received from the builders would be on a voluntary basis. Further dis- cussion resulted in a request for Mr. Mariott to attempt to determine the status of the building project and the applicants for the housing. 5.a. Mr. Edgar Vaden of Delray Beach spoke from the floor concerning a letter and documents he had forwarded to the City Council. Mayor Scheifley ascertained it was essentially a duplication of information received from Dr. Grady of Belle Glade. Mr. Vaden discussed in detail the regionalization of the 50 states by executive order of the President. He elaborated upon the reasons for his objections to the governmental depart- ments being established to control each region. Mr. Vaden stated Florida has been divided into 10 regions by the government resulting in some loss of constitutional government. He further stated Governor Askew is in apparent agreement with the plan under the possible threat of loss of Federal revenue. Mr. Vaden requested a Resolution be passed and forwarded to the government of the State of Florida, Congress and the President objecting to this sort of unconstitutional government. Mayor Scheifley informed Mr. Vaden that Council had received a similar Resolution from the City of Boynton Beach with a request that Delray Beach pass a Resolution on the same lines. Mayor Scheifley further stated that this would be discussed at the next workshop meeting. 5.b. Mayor Scheifley asked Council if they received copies of a legislative bulletin containing bills, legislative agenda, etc. He stated it set out all the bills before the legislature concerning the cities in the State. Council stated they did not receive copies of this document, and Mayor Scheifley pointed out that several items currently on the agenda were of vital interest to Delray Beach and should be discussed at the next workshop meeting. 5.c. ,~ Mr. Wendell Jewell from Sherwood Park spoke from the floor concerning annoyances in his area such as having water shut off for several hours at a time without advance warning. Another subject was the closing of Lowson Blvd. for approximately 10 days. Mr. Jewell requested that the City pave Dover Road from Lowson Blvd. through to Atlantic Avenue. He also stated a problem existed with the Lakeview Development since they are apparently mining fill for 1-95. This leaves large piles of dirt which will probably be there for sometime; in turn, th±s~auses ~ dust storm everytime a south wind occurs. Another complaint by Mr. Jewell was the appearance of the houses being constructed in Imperial Villas. In reply to Mr. Jewell's complaints, the City Manager stated the Hamlet has been requested by the City to pave Dover Road. Mayor Scheifley stated that as long as construction was going on in the City, many inconveniences would occur which could not be avoided; this would include the dirt, trucks, etc. Mayor Scheifley stated concerning Imperial Villas that the main objection was that the models were built with the Boston Hip roofs while the houses were built with a less expensive type roof. He also stated that roofs and details of architecture were not included in the site plans received from the developers; however, the City has caused the company to discontinue adver- tising models with the hip roofs. Mr. Saunders stated that if the water were to be shut off for several hours, the radio station could announce it to the public. Discussion followed regarding the problems accom- panying building and growth in the City. 7.a. The City Manager informed Council that a request has been received that the City abandon that portion of Avenue A between Blocks 37 and 38, Del Raton Park Subdivision. The property is located on So. Federal Highway between the Yolks- wagon dealership and Delray Motors on the E. side of U.S. Highway 1. Mr. Willard C. Wheeler, Atty., has requested the abandonment. The City Manager recommended that the request be 4/9/73 referred to the Planning and Zoning Board for study and recom- mendation. Mr. Saunders so moved, seconded by Mr. Youngblood which motion passed unanimously. 8.a. The City Manager presented Resolution No. 16-73. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, EXPRESSING THE DESIRABILITY TO RETAIN RAILROAD PASSENGER SERVICE FOR SOUTH FLORIDA. (Copy of Resolution No. 16-73 is attached to the official copy of these minutes.) The City Manager stated that the City of Winter Park recently passed a Resolution after which Resolution No. 16-73 is patterned. City Manager Mariott further stated that information recently received indicates there is a very good possibility that Amtrac might discontinue service not only directly to Delray Beach, which has already been done, but to all of South Florida. At present, there is not a stop between West Palm Beach and Ft. Lauderdale. The City Manager recommended passage of the Resolution. Mr. Youngblood moved that Resolution No. 16-73 be adopted, seconded by Mrs. Krivos and passed unanimously. 8.b. The City Manager presented Resolution No. 17-73. A RESOLUTION AUTHORIZING THE EXECUTION OF A COOPERATION AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH HOUSING AUTHORITY. (Copy of Resolution No. 17-73 is attached to the official copy of these minutes.) The City Manager stated it had been decided by Council at a workshop meeting to approve a Cooperation Agreement between the City of Delray Beach and the Delray Beach Housing Authority. This was brought before Council at the last regular council meeting at which time Council approved the entering into of the Cooperation Agreement by motion. City Manager Mariott informed Council it has since been discovered that the adoption of a Resolution is required. Mr. Saunders moved for the adoption of Resolution No. 17-73, seconded by Mr. Youngblood and passed unanimous ly. 8.c. The City Manager presented Resolution No. 18-73. A RESOLUTION AUTHORIZING EXECUTION OF AN UTILITIES AGREEMENT FOR THE ADJUSTMENT, CHANGE OR RELOCATION OF CERTAIN UTILITIES WITHIN THE RIGHT-OF-WAY LIMITS HEREAFTER DESCRIBED, AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT. (Copy of Resolution No. 18-73 is attached to the official copy of these minutes.) The City Manager stated at the last Council meeting, Council had approved the entering into of an agreement between the City of Delray Beach and the Department of Transportation regarding the lighting of a section of South Federal Highway. This particular location would involve 31 street lights. City Manager Mariott further stated the agreement between the City and the Department of Transportation will save the City an -3- 4/9/73 estimated $971.00 per year as opposed to the City entering into an agreement directly with Florida Power and Light for this particular service. The Department of Transportation has requested a Resolution be adopted which would effect an indemnification agreement between the City and the Department of Transportation. The City Manager recommended the passage of the Resolution. Reso- lution No. 18-73 was passed unanimously upon motion by Mr. Weekes and seconded by Mr. Saunders. 8.d. The City Manager presented Ordinance No. 7-73. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING CERTAIN PUBLIC RIGHTS-OF-WAY KNOWN AS LAKE AVENUE AND DIXIE HIGHWAY BEING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH ARE LOCATED IN THE DELRAY BEACH RESERVE AREA. (Copy of Ordinance No. 7-73 is attached to the official copy of these minutes.) The City Manager stated this Ordinance would annex to the City that portion of Dixie Highway between N.E. 8th Street ex- tending northward to Lake Aven~e ~a~so Lake Avenue ~t~lf. ebew~gen Dixie Highway and Federal Highway which is needed primarily due to the planned' opening of the Pancake House in that vicinity. A public hearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, and there being no objections to Ordinance No. 7-73, said Ordinance was unanimously passed and adopted on second and final reading on motion by Mr. Saunders and seconded by Mr. Youngblood. Mrs. Krivos asked if a small cut-through street from Southbound Federal Highway to Old Dixie between Cocoa Court and the Pancake House property is presently in the City limits. The City Manager stated he would check on the matter. 8.e. The City Manager presented Ordinance No. 8-73. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO CITY OF DELRAY BEACH CERTAIN LANDS, NAMELY LOTS 1, 2, 3, 10, 11, 12, A, B, C, D, E AND F, BLOCK 6, SOPHIA FREY SUB- DIVISION, AND LOT 5, FIRST ADDITION TO KENMONT; ALSO A PORTION OF PALM TRAIL LYING NORTH OF N.E. 8TH STREET, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUND- ARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 8-73 is attached to the official copy of these minutes.) The City Manager stated Ordinance No. 8-73 would be passed subject to RM-15 zoning and was recommended for passage by the Planning and Zoning Board. City Manager Mariott stated the property was located on the north side of and adjacent to N.E. 8th Stree~. between the Intracoastal Waterway and Palm Trail. -4- 4-9-73 75 A public hearing was hal. d, b. nv].ng been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Dc!ray Beach, nnd there being no objections to Ordinance No. 8-73, said Ordinance was unanimously passed and seconded by Mr. Youngblood. ].0.a. The following ]Bills for Approval were unanimously approved for payment on motion by Mr. Weekes and seconded by Mr. S aunders. ~ General Fund ............ $360,914.73 Water and Sewer Fund ........ 114,789.18 Cigarette Tax Fund ......... 4,057.72 Utility Tax Fund .......... 5,440.00 Refundable Deposits Fund ...... 1,600.00 Improvement Trust Fund ....... 2,130.00 Lowson Blvd. W&S Project Fund . . . 560.00 10.b. The City Manager stated the City observes Easter as a holiday. April 23rd, the day following Easter, will be observed as the official City holiday. This date would ordinarily be a Council meeting date. The City Manager recommended the Council meeting date be changed to Tuesday, April 2Ath, at 7:30 P Mr. Saunders so moved, seconded by Mr. Youngblood and passed unanimous ly. lO.b.1. The City Manager informed Council that the Florida Power and Light Co. had requested the City to sell some land to that Company, be~_ng a portion' of the Southeast Ten Acres of Lot 20, Block 1, of Delray Shores, according to the plat recorded Plat book 24, page 232, of the Public Records of Palm Beach County, Florida. Ilo further stated that the matter had been discussed at the workshop meeting, but had not been put on the agenda because it was not knov.m for certain that the definite delineations of the property lines that would be reconunended for offering at a future ~.uction could be established. The City Manager recommended that Council author'ize for submission 'to auction the south 500 feet of the entire tract of land which measures about 234 feet in width on the Lake Ida Road. frontage with contingency that the purchaser of the property provide for a 10' public utility easement along the southern boundary of the property which would be adjacent to the Lateral No. 32 canal and also along the eastern '~%'~oundary of the property which would be adjacent to the Seaboard Ce. asr Line Railroad. Council could then decide after securing bids at public auction whether or no~ to sell the land. The enti~e tract of land involved is the 5 acre tract fronting on Lake Ida Ro~ on the north and on the Seaboard Coast Line Railroad on the easter, n, boundary. The City Manager replied to Mayor Scheifley's questions ~h~t the approximate dimensions of the property to be retained by ~t. he. City would be 170 feet wide by 470 feet deep and that the proceeds from t]~e sale would be placed in a fund designated by Council. Mayor Scheifley reported that Mr. Collier, Manager of of Florida Power and Light, agreed to landscape this property ~klcomDletely. Mayor SCheifley asked Mr. Fellows to suggest the W~rdJ. ng of the motion generally. Mr. Fellows suggested the motion read.as follows: That the City authorize the sale of the land as ~,outl'i,~qd by the City hanag~.r subject to the provisions of Chapter 7 of tho City Charter with Council retaining the right to reject all bids~'~' Mr. Youngblood moved the motion be predicated on the assertion ~f~ the City Attorn~v~, seconded by Mrs. Krivos and passed un an imous ly. Thekmeeting was adjourned at 8:25 P.M. --5-- APPROVED: MAYOR -6- 76a RESOLUTION I40. 16-73. A RESOLUTION OF Tim CITY CO~CIL OF THE CITY OF DELRAY EEACH, FLORIDA, EXPRESSING T~E DESIRABILI%~ TO RETAIN RAILROAD PASSENGER SERVICE FOR SOUTH FLORIDA. WHEREAS, it has come to the attention of the city Council that consideration is being given by various authorities to the termination of Amtrak Railroad passenger service within the State of Florida; and WHEREAS, the City Council recognizes that due to the growth in the South Florida area resulting in part from the existence of various vacation facilities which attract visitors from many parts of the United States; and WHEREAS, such growth has created serious traffic problems, in- cluding inadequate highways, inadequate airport facilities, inadequate parking facilities, and inadequate mass transit systems; and WHEREAS, the City of Delray Beach believes that a railroad passenger system is and should be an integral part of any transportation system, and would alleviate or solve many of the transportation problems affecting the State of Florida, and the city of Delray Beach; and WHEREAS, the City Council believes that Amtrak is presently serving an important function to the people of South Florida and should, therefore, be encouraged to retain and improve its system, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COI/NCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: That it is the judgment of the City Council of the City of Delray Beach, Florida, that Amtrak passenger service in Florida should be continued and improved. BE IT FURTHER RESOLVED that the public be encouraged to use rail- road passenger service facilities through appropriate public information programs, improved scheduling, and expanded service. BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized and directed to communicate this Resolution to all appro- priate authorities at such times and in such manner as the said City Manager shall deem it most appropriate and proper. THIS RESOLUTION shall become effective immediately upon passage. ADOPTED at a regular meeting of the City Council of the City of Delray Beach, Florida, held at City Hall, Delray Beach, Florida, this 9th day of April, 1973. ATTEST- ~s't[ Cit~ CYerk' ' OO8 ~[- 76b RESOLUTION NO. 17-73. A RESOLUTION AUTHORIZING THE EXECUTION OF A COOPERATION AGP~EHENT BE~qEEN THE CITY~ OF DELP~Y BEACH AI~rD THE DELRAY BEACH HOUSING AUT~tORITY. WHEREAS, the Delray Beach Housing Authority (herein called the "Local Authcrity") and the City of Delray Beach (herein called the "Municipality") desire to enter into a Cooperation Agreement in connection with the development of low-rent housing units pursuant to the United States Housing Act of 1937 as amended, I~OW, THEREFOP~E, BE IT RESOLVED BY THE CITY COUNCIL OF THE CI1~f OF DELP~AY BEACH that the Local Authority and the Municipality enter into a Cooperation Agreement and the Mayor is hereby authorized to execute th~ same on behalf of the l~unicipe, lity and the. City Clerk to attest the same and affix thereto the seal of the Municipality, said Cooperation Agreement being in sub- stantially the form attached hereto. PASSED ~AiD ADOPTED this 9th day of April, 1973. ATTEST City Cle r~_~/ 66 , - 76c ~iLITY INDEMNiFICAT' ~0,. AGREEMENT 93 oln 6510 5 Palm Beach A R~OLUTION AUTIIORIZING EXECUTION OF AN UTILITIES AGREEMENT FOR TIlE' A~JUSTMENT, CIIANGE '~LOCATION OF CERTAIN UTIE1TI~S B~TtlIN TtlE RIGIIT-OF-WAY LIMITS IIEREAFTEI[ DE~CRIgED, ~XD PRO. ~IDING WHEN TIII5 RE~OLUTION SI!ALL TAKE EFFECT. NO. ~8-73 . ~OLUTION . ...... ,N MOTION OF 97¢)t~¢~(Coundhnan)~~o~0~ , seconded hy ~7~~r (Cou'ncil- ~i;)J. L. Saunders , the following Resolution was adopted: - 'I!EREAS, tlte State of Florida Dcp~rtmc~tt o[ Transportation has located mtd proposes to construct . ~econstruct a part of Sihtc Road , AND WIlEREAS, in. grder for the State o{Flor[da Department o~ Transportatlon to fl~rther and compIctc project, it is necessary t~at certain utilities and/or facilities within thc Right-of-Way limits of said State 5 be adjusted, changed or relocated, " AND WIIEREAS, the State of Florida Department of Transportation haGng requested the City of DELRAY BEAOt Florida, to execute and de5vcr to the q~ate 6fFlorida Department of Transportation a Utilities Agreement, a .... ,, ...., to make or cause to be made a:ch adjustments, changes or relocations of s~id utiStks and/or facilities as set out in said Agreement, and said re'quest hexing been duly considered, ;, NOWTItEIIr~''' , ti'gl%I:, BE IT RESOLVED by thc ci ~y Cm]nnq l of thc City of DEL~Y BEACH ~.Florida, that thc Mayor and Clerk (City Manager) be and they are. hereby au,ho[izod and dkcctcd to execute and deliver to the State of Florida Department of'Transportation a Utilities A~ccmcnt for tlm adjust- ~ men,, chan~c or relocation of certain utilities within thc. Right of Way Unfits of said State Road 5 ~Scction ~010-6610 - ._.. · BE IT FURTIIER RESOLVED that a certified copy of this Resolution be forwarded to the State of Florida ~Dep~tment Of Transportation at Tallahasse~, Floriaa., , . PASSED ~,ID ADOPWED by the C~ty Council ~n regular session on this 9th day of April~ 1973. Ci ~y Clerk CI 'OF DD. P~Y'Ii EACH .... 'COunTY OF P;,L:'I BEACH '.' i I tlEREBY CERTIFY that thc foregoing is a true a,id correct cop)' of a ResolutiOn adopted by thc " ,._ _ C~'l-.,r cv-,,,,-~ ,-, ¢.? ........... Of thc Ci!)' of · T)elray Beach .... , Florida at amccting df said _. c'i ey ccmn~'~ 1 , held o,t this . .. 9th . day .~f. Apri 1 , A. D. 197:3 . .. ' ; WITNESS my hand and seal on this 10th__day of gr~ril /'7 ,.A D ~97-3-~ · · -. .. ' ~ ~!~)[,: (City 31am, get) of tlr,: City or ' .. . _ _ Delr_a¥ Beach, ,FIorida. ! tSl~:\l.) . 76d ORDINIANCE NO. 7-73. AN ORDIN~.NCE OF %ITE CITY' COUNCIL OF THE cITY OF DELRAY BEACIt, FLOR~.IA, ANneXiNG CERTAIN PUBLIC RIGHTS-0F-%gAY KNOWN AS LA~{E AVENUE AND DIXIE HIGRi~AY BEING IN SECTION 9, TOW~NSHIP 46 SOUTH, RANGE 43 EAST, ~HICH ARE LOCATED IN THE DELRAY BEACH RESERVE AREA. ~HEREAS, the City Council of the City of Delray Beach, Florida, has previously been authorized to annex real properties that are public or quasi-public which are not subject to ad valorem taxation; and WIIEREAS, the City Council. of the City of Delray Beach deems it to be in the best interest of the City to annex certain contiguous road rights-of-way for the purpose of traffic control on public streets and malzing land contiguous in the City limits, NOW, ~EREFORE, BE IT ORDAIifED BY THE CITY COUNCIL OF TITE CITY OF DELRAY BEACH, FLORIDA, AS FOI.LOWS: SECTION 1. The City Council of the City of Delray Beach hereby annexes the following described rights-of-way to said City: That portion of Lake Avenue as shown on Plat of La Hacienda as recorded in Plat Book 15, page 6, Public Records of Palm Beach County, lying east of the East Right-of-way line of Dixie. Highway and west of the West Right-of- way line of State Road No. 5 (U.S. No. 1); and That portion of Dixie Highway, lying south of the westerly extension of the North Right-of- way line of said Lake Avenue, and north of the westerly extension of the North Right-of-way line of N.E. 8th Street. SECTION 2. The corporete limits of this City are hereby amended to include the aforedescribed properties. PASSED AND ADOP'ZED in regular session on the second and final reading on the 9th day of April , 1973. ATTE.~ST: City Cle~:~ First Reading March 26, 1973 . Second Reading Apr~ 9..~ 1973 . II I I I -- II II II tim, I II ~11 II I ! I ........... ~ O]hDII.~At~CE NO. 8-73. AN OPd~INANCE OF TIlE CITY COUiqCIL OF TIIE CI~%[ OF DELIbAY BEACit, FLORIDA, ANb~XING TO 57tE CITY OF DELRAY BEACH CEI%TAIN LA~.~)S, Ni~/dELY LOTS 1, 2, 3, 10, 11, 12, A, B, C, D, E A?~ F, BLOCK 6, SOPHIA FREY SUBDIVISION, A~ LOT 5,' FIRST ADDITION TO , KEK740~T; ALSO A POI~TION OF PAL'-~ TP~IL LYING NORTH OF N. E. 8TH STREET, ~qIICH I~Ab.~DS ARE CONTIGUOUS TO EXISTING MU%IIC!PAL LIMITS OF SAID CITY; REDEFINING T}LE BOUNiDARIES OF SAID CiTJ TO INCLLUDE SAiD LII,.qDS; PROV~!NG FOP. THE RIGHTS ALU) OBLIGATiO~TS OF SAID I~A"xT)S; AA~D PROVIDING FOR TI~E ZONIifG T~PHEOF. ?~tEP. EAS, ALFONS BACH and A~ITA S. BACH, his wife, are the fee simple ovn~ers of the lands hereinafter first described; and ?~IEREAS, ROBERT D. CI-DAPIN, Agent for ALFONS BACH ~_nd ANITA S. BACH, his wife, by his petition has consented and given permission for the annexation of said lands by the City of Delray Beach; ~nd lqTEREAS, the City of Delray Beach has heretofore been author- ized to annex 15nds in accordance with Section 185.1 ~_nd Section 6A (4) of the City Charter' of said City granted to it by the State of Florida; and ~'~E, REAS, the a~]nexation of these lands, hereinafter first described, in the RM-15 Multiple Fmmily Dwelling District has been recommended by the Planning and Zoning Board in action t-.~ken at its meeting held on March 21, 1973, NOW, Tt-UEREFORE', BE iT ORDAINED BY TPJ~ CITY COUI~CIL OF THE CITY OF DELP~AY BEACH, FLORiDA, AS FOLLOWS: SECTION 1. That the City Council of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the follow- ing described tracts of l~nd located in Palm Beach County, Florida, which lie contiguous to said City, to-wit: Lots 1, 2, 3, 10, 11, 12, A, B, C, D, E and F, Block 6, Sophia Frey Subdivision, as recorded in Plat Book 4 , page 37, of the Public Records of Palm Beach County, Florida, and Lot 5, First Addition to Kenmont, as recorded in Plat Book 22, page 24, of the Public Records of Palm Beach County, Florida; and That part of Palm Trail lying south of the north line of Lot 5, First Addition to Kenmont as recorded in Plat Book 22, page 24, of the Public Records of Palm Beach County, said right-of-way of Palm Trail extending southerly through Sophia Frey Subdivision ~s recorded in Plat Book 4, page 37, of the Public Records of Palm Beach County, to the north right-of-way line of N.E. 8th Street as now laid out ~d in use. 76f SECTION 2. Thak the boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein the above described tracts of land, and said l~ds are hereby declared to be within the corporate li:nits of the City of Delray Beach, Florida. SECTION 3. That the lands herein first above described are hereby declared to be in Zoning District R~'.~-15 as defined by existing ordinances of the City of Delray Beach, Florida. SECTION 4. That the lands hereinabove described shall imme- diately become subject to all of the franchises, privileges, immunities, debts, obligaticns, lieJoilities, ordinances and laws to which lands in the City of De!ray Beach are now or may be, and persons residing thereon shall be dee,reed citizens of the City of Delray Beach. - SECTION 5. That if any word, phrase, clause, sentence or part of this Ordinance shall be declared illegal by a court of compe- t~.~t juri~.~d-'..cticn, such reccrd of ~~v sha!]. ~.n no way affect the remaining portion. PASSED in regular session on the second smd final reading on the 9th day of April , 1973. ATTEST: