12-26-73 DECEMBER 26~ 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., Wednesday,
December 26, 1973, with Mayor James H. Scheifley presiding, Acting City
Manager Thomas E. Weber, City Attorney G. Robert Fellows and Council
members Grace S. Krivos, Leon Mo Weekes and O. Fo Youngblood present.
Mr. J. L. Saunders was absent.
1o The Lord's Prayer was recited in unison.
2. The Pledge of Allegiance to the Flag of the United States of
America was given.
3. The minutes of the regular Council meeting of December 10, 1973,
were unanimously approved on motion by Mrs. Krivos and seconded by Mr.
Youngblood.
4.a. Mr. Weekes suggested the possible need for an Ordinance dealing
with the theft of gasoline during the energy crisis. Mayor Scheifley
referred the matter to the City Manager and the Chief of Police and
requested they present ideas on such an Ordinance at the next meeting.
4.b. Mayor Scheifley read a Proclamation proclaiming February 15 and
16, 1974, as Poppy Days sponsored by the American Legion Auxiliary Unit
No. 65 of Delray Beach, Florida.
4.c. Mayor Scheifley reported he had received a letter from Andy
Gent, Secretary of the Planning and Zoning Board, explaining that he had
been elected a Director of the Florida Planning and Zoning Association
and requesting that the City reimburse his attending the meetings of
the Association. The Planning and Zoning Board Budget has excess funds
in the Contingency Account. Mr. Weekes stated since they have budgeted
funds which have not been expended and since the City would benefit
from Mr. Gent attending the meetings, he moved that Mr. Gent be paid
for the expenses involved. The motion was seconded by Mrs. Krivos and
passed unanimously.
4.d. Mayor Scheifley reported he had been contacted by Dr. Farber,
a member of the Hilltoppers and a sponsor of the Boynton-Delray Atlantic
High'School Football Team. Dr. Farber explained several years ago when
Seacrest won the Championship of their League and District, the City of
Delray Beach gave each boy a plaque and he felt this was appreciated
more than anything else that was done for that Championship team. Dr.
Farber asked that Council consider doing the same for this year's
Championship team. Their annual banquet is scheduled for early February
and this would be the ideal time to present the plaques if they are
approved. Mr. Weber reported that in 1970 Carver High School won their
class championship and the same thing was done for them. He stated one
plaque was presented to the school and 37 individual plaques presented
to the team. The cost was $335.00. ~his year's Ati~ntic team has 42
coaches and players and Mr. Weber suggested an appropriation of approxi-
mately $475.00 be made for this project. Mr. Youngblood commended the
team and moved that the City provide the amount of mone~ required to
purchase the plaques, the money to come from the General Fund Contingency
Account. The motion was seconded by Mrs. Krivos and passed unanimously.
Acting City Manager Weber agreed to take necessary action to have the
plaques ready by the annual banquet date.
216
4.e. Mayor Schc. ifley reported when Mr. Tore Wallin was appointed to
tl~e ~?lanning and Zcni. n,[~ Board, the appointment ].eft a vacancy for ~n
alternate member on the Board of Adjustment. Mr. Jay Singer, a member
of the facu].tV of Florida Atlantic Universitv, has offered his services
to t]~e community and stated his interest in serving on the Board of
Adjustment. Mr. Weekes moved i. Ir. Singer be appointed as an alternate
member on the Board of Adjustment, seconded by Mrs. KriVos, said motion
passing unanimously. Mayor Scheifley asked that Mr. Singer be notified
of his ~ppointment by letter from the City Manager, the term of appoint-
ment expiring on 3-15~76.
4.f. Mayor Scheifley asked Mr. Ernest Scheir to approach the podium.
Mayor Scheifley re~d some excerpts from a letter Mr. Scheir had written .
to the Council, expressing his intent to cease participation in the
City's Council meetings. Mayor Scheifley co~m. ended Mr. Scheir for his
activities during the past five years and appointed him Honorary Mayor
of the City of Delray Beach. Mr. Scheir acknowledged %he honor and
thanked the Council.
~ Nayor Scheifley stated Mrs. Phyllis Carey had contacted him
concerning the Community Child Care Center lease with the City. Mrs.
James Bo,.zen, 105 Bonnie Briar Lane, Delray Beach, spoke from the floor
explaining that certain terms of the lease for the Cgmmunity Child Care
Center with the city of De!ray Beach would expire the end of December
.and expressed the need and desire to renew the lease with the City.
The City Attorney stated another year could be granted to obtain a
bui-ldi~'g permit and an extension could be granted until 1977 to obtain
a certif' ~ ~ .
lca=e of. occupancy. Mrs Krivos moved the lease with the De!ray
Beach Community Child Care Center' and the city of Delray Beach be
~ _ . ~ ~re Dec~mber 3], ].974 and to
obtain a certificate of occupancy on or before September l, 1977. The
~otion was seconded by Mr. Youngblood and passed unanimously.
.4.]~m Mayor Scheifley stated Council had received copies of a letter
from Mr. David EkVall, President of the Beach Property O~ers' Association.,
requesting a moratorium on the' purchase of beach property, blrs. Krivos
s~ parking .areas are not sufficient for the present parking needs and
expressed her doubt concerning placing a moratorium on the purchase of
beach property. Mayor Scheif!ey stated he disagreed with~,.r. '~ Ekvall's
statement that the property would be a waste. Mr. Weekes stated it
was the consensus of Council that the planned action should be continued
and it is not in the best interests of the City to delay the action.
M~yor Scheifley reported it was unanimousl~ agreed by Council not to
declare a moratorium on the purchase of beach propertY.
5.a. Mr. Ernest Scheir asked the status of the acquisition of beach
property on the north end of the beach, blayor Scheifley answered that
everything is under negotiation and nothing has been definitely decided.
6.a. Acting City I~anager Weber reported it was recommended that
Council authorize execution of an agreement, with Russell and Axon for
the preparation of plans and specifications for the construction of
wastcwater facilities including the co~struction of a Regional Waste-
water 'l'rcatmenfc Plant. ~ir. Weekes stated the projecL has been discussed
in detail ]05, Council. and moved authorization for Russell and Axon to
prepare plans and specifications for the construction of wastewater
facilities. Mrs. krzvo~. ~econded the motion, blayor Scheifley stated
the project wa~; being handled in conjunction with Boynton Beach and
the a?plication ~hould tenth the Federal Government by January 1, 1974.
Thc motion [~as~ed una1%imousl~,.
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12-26-73
217
6.b. Acting City Manager Weber recommended that the extension of
water main and sewage force main, Lowson Boulevard, be accepted as
completed and final payment be authorized to Clayton Construction Com-
pany. The final contract amount is $306,667.13 compared to the original
figure of $302,291.90. Payment has been recommended by Russell and
Axon, Consulting Engineers. Mrs. Krivos moved the final payment be
authorized to Clayton Construction Company for the completion of exten-
sion of water main and sewage force main, Lowson Boulevard, seconded by
Mr. Youngblood, said motion passing unanimously.
6.c. Acting City Manager Weber reported the following bids were
received to sell the City five pickup trucks:
Earl Wallace Rich Hauser
Ford Motors Dodge
3/4 ton pickup with
utility body $ 4,154.08 $ 4,041.77 $ 3,734.07
3/4 ton pickup with
hydraulic lift gate 4,796.29 4,658.65 4,229.07
3/4 ton pickup 4,467.40 3,680.83 3,203.87
Less trade in 1,000.00 500.'00 250.00
Net 3,467.40 3,180.83 2,953.S7
l'ton pickup,
utility body No Bid 6,209.20 5,280.95
Less trade in 600.00 305.00
Net · 5,609.20 4,975.95
3/4 ton pickup 4,167.40 3,566.77 3,203.87
Less trade in 550.00 400.00 105.00
Net 3,617.40 3,166.77 3,098.87
It is recommended that the award be made to the low bidder,
Hauser Dodge, in the net amount of $18,991.83. There are sufficient
funds provided in the budget to cover the purchase. Mr. Youngblood
moved the low bid of Hauser Dodge of $18,991.83 be accepted, seconded
by Mr. Weekeso The motion passed unanimously.
6od. The Acting City Manager stated bids were received for the City's
insurance coverage for 1974. No bids were. received for Comprehensive
General Liability or Automobile Physical Damage. The'present carrier
has agreed to extend the coverage to February 1, 1974 to give the
various agents an opportunity to negotiate with their companies for this
coverage. For the other Coverages, it is recommended that award be made
to the low bidders as underlined ~n the attached analysis. He further
stated if Council has any questions, Mr. Clarence Beery of the City's
insurance advisors, is present to answer any questions. Mr. Weekes
requested the record to show that Weekes Realty Company, Inc. did not
bid on the City insurance. Mr. Youngblood-asked if the bids were compet-
itive. Mr. Weekes answered he felt they were with the exception of the
Workman's Compensation ~ich is closely controlled by the State anyway.
Mr. Weekes asked Mr. Beery if the reason for the lack of bids on the
General Liability Coverage was the lack of lead time for the companies
to prepare bids. Mr. Beery answered affirmatively, sta_ing it takes
approximately six weeks to properly engineer, inspect and quote, which
time has been provided by Gracey Brothers agreeing to extend their
coverage until February 1, 1974. Mr. Beery stated he anticipated bids
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12-26-73
218
would be received at that time. He also stated he expected a downward
trend in the cost of the City's insurance. Mrs. Krivos asked Mr. Bee~y
why there was such ~ difference between the low bid and the high bid
on the Treasurer's Bond Mr. Beery replied the coverage was the same
and companies could bid whatever they chose on the bond insurance. Mr.
Weekes moved the insurance be awarded to the low bidder in each respec-
tive instance in accordance with the analysis provided, seconded by Mr.
Youngblood, said motion passing unanimously.
(Copy of insurance analysis is attached to the official copy
of these minutes.)
7.a... Acting City Manager Weber reported a request for Veteran's
exemption on a sprinkler (Specialty) license has been received from
William Go Pagel, 137 South Swinton Avenue. His 60% disability would
allow a $50 exemption on the license fee per Florida Statute 205.171.
The license would therefore cost Mr. Pagel $10.00. Mrs. Krivos moved
that Mr. Pagel's request for exemption on his sprinkler (Specialty)
license be approved, seconded by Mr. Youngblood, said motion passing
unanimous ly.
7.b. Acting City Manager Weber reported a letter has been received
requesting permission to open and operate a teenage recreation center.~
Inasmuch as the desired use is not provided for in the City's zoning
ordinance, it is recommended that the request be referred to the Planning
and Zoning Board for study and recommendation. Mro Youngblood so moved,
seconded by Mr. Weekes. Mr. Weekes asked what the proposed teenage
recreation center was; Mayor Scheifley also asked if it would be a
privately operated center. Acting City Manager Weber read the letter
describing the type of establishment DroDosed. Mayor Scheifley stated
a great deal more information would be required prior to any apprcval.
The motion passed unanimously to refer the project to the Planning and
Zoning Board.
7.c. Acting City Manager Weber stated a communication has been re-
ceived from 'the Delray Beach .Public Library Association, Inc. requesting
permission to solicit funds between March 3, 1974 and March 16, 1974,
approval of which is recommended by the Solicitation Committee. It was
ascertained these dates did not conflict with the Community Che~t soli-
citation. Mr. Youngblood moved to accept the request approved by the
Solicitation Committee. Mrs. Krivos pointed out March 3rd was on
Sunday. Mr. Youngblood accepted an amendment to his motion for the dates
of solicitation to be March 4 through March 16, 1974, seconded by Mrs.
Krivos. The motion passed unanimously. Acting City Manager Weber
agreed to advise them of the changed date involved.
7.d. The Acting City Manager stated a request has been received
that the zoning on Lots 1, 2, 3 and 7 through 18 inclusive, Haller&
Grootman's Subdivision of Part of Lot 8, Section 9, Township 46 So. uth,
Range 43 East, 414 N.E. 6th Avenue be changed from C-1 (Limited Commer-
cial) to SC (Specialized Commercial). The. applicant, is Joe Rose Motors,
Inc. It is recommended that the request be referred to the Planning
and Zoning Board for study and recommendation. Mr. Weekes stated this
was a part of the overall review and a mer~er of the Plannin9- and Zoning
Board had said the whole area should have been zoned SC and that the
line was simply drawn on the wrong place on the zoning map and the land
use m_p. Mr. Weekes further stated he hoped they would correct the
entire area at one time rather than handle it in a piecemeal fashion. ~
A great many of the car dealers in the north end of town are presently
non-conforming and there exists the possibility that one of them could
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12-26-73
219
request an addition to his property. Mayor Scheifley stated the
recommendation should stand as it is, but be forwarded with the cotangents
made by Mr. Weekes. Mr. Weekes so moved, seconded by Mrs. Krivo3, said
motion passing unanimously.
7.e. The Acting City Manager reported a petition has been received
for annexation, subject to RM-6 (multiple family dwelling) zoning of
133.73 acres located in the NW¼ of Section 7, Township 46 South, Range
43 East, less the North 988.55 feet thereof; and that part of the SW¼
of Section 7 lying North of the North right-of-way line of Lake Ida
Road, lying East of the extension of the West right-of-way of Coral Way
extended, Northerly to the half section line of Section 7 of Delray
Shores, less the East 40 feet thereof; North side of Lake Ida Road
bordering on the West side of Davis Road and East of Coral Way. It is
recommended that the request be referred to the Planning and Zoning
Board for study and recommendation. Mr. Youngblood moved the request
be referred to the Planning and Zoning Board Board for study and recom-
mendation, seconded by Mr. Weekes, said ~otion passing unanimously.
7.f. Acting City Manager Weber reported a petition has been received
for annexation subject to RM-6 (multiple family dwelling) zoning of
23.8 acres on the North side of Lake Ida Road bordering on the South
side of Lone Pine Road and West of Davis Road, the South 392 feet of
the North 988.55 feet of the NW¼ of Section 7, Township 46 South, Range
43 East, less the East 40 feet for road right-of-way. It is recommended
that the request be referred to the Planning and Zoning Board for study
and recommendation. Mrs. Krivos so moved, seconded by Mr. Youngblood,
said motion passing unanimously.
7.g. The Acting City Manager reported the City is in receipt of an
application for rezoning a tract of land on the South side of Lake !da.
Road between Military Trail and Barwick Road, the SW¼ of the SW¼ of
Section 12, Township 46 South, Range 42 East, and the SE¼ of the SW¼
of Section 12, Township 46 South, Range 42 East, less the East 750 feet
of the South half of the South half, from RM-10 (multiple family
dwelling) to RM-6 (multiple family dwelling). The applicant is Mr.
Richard G. Kempa, Arlas Community Builders. It is recommended that the
request be referred to the Planning and Zoning Board for study and
recommendation. Mr. Youngblood moved the request be referred to the
Planning and Zoning Board for study and recommendation, seconded by
Mrs. Krivos, said motion passing unanimously.
8.a. Acting City Manager Weber presented Resolution No. 59-73.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES
UPON CERTAIN LANDS LOCATED WITHIN SAID CITY; SETTING
OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT
OF SAID NUISANCES, AND DECLARING SAID LEVY TO BE A
LIEN UPON SAID PROPERTY iN AN AMOUNT AS SHOWN BY RE-
PORT OF THE CITY .~LA~NAGER OF DELP~Y BEACH, FLORIDA.
(Copy of Resolution No. 59-73 is attached to the official
copy of these minutes.)
Acting City Manager W~ er stated the Resolution provides for
the assessment of cost incurred by the City in abating previously d~ter~-
mined nuisances against certain properties, the owners of which failed
to abate such nuisances within the allotted time from date of original
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12-26-73
220
nuisance violation notice. The property affected has previously been
reported to Council by the City Manager as being in violation of City
law. Council may request any further desired information, in lieu of
which, and in compliance with Section 15 of 'the City's Code of Ordi-
nances, adoption of Resolution No. 59-73 is recommended. Mrs. Krivos
moved for the passage of Resolution No. 59-73, seconded by Mr. Young-
blood. Upon roll call, Council voted as follows: Mrs. Krivos - Yes;
Mr. Weekes - Yes; Mr. Youngblood - Yes; Mayor Scheifley - Yes.
8.b. Acting City Manager Weber presented ~ Ordinance No. 41-73.
AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AN~EXiNG TO THE CITY OF DELRAY BEACH
CERTAIN LAN~S, ~NA~ELY LOTS 4, 5, 6, 7, 8, 9, 13, 14, 15,
16 AND 17, TOGETHER WITH THE ABAArDONED ALLEY LYING BE-
TWEEN LOTS 4 THROUGH 8 AND LOTS 13 THROUGH 17 AND THE
WEST HALF OF SAID ALLEY LYING ADJACENT TO LOT 9, BLOCK
5, SOPHIA FREY SUBDIVISION, WHICH LANDS ARE CONTIGUOUS
TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING
THE BOUI~DARiES OF SAID CiTY TO INCL%~E SAID LANDS; PRO-
VIDING FOR 'i~IE RIGHTS AND OBLIGATIONS OF SAID LANDS;
AND PROVIDING FOR T~E ZONING THEREOF.
(Copy of Ordinance No. 41-73 is attached to the official
c.opy of these minutes.)
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. There being no objections, the Public Hearing
was closed.
Mr. Youngblood moved the adoption of Ordinance No. 41-73 on
second and final rea. ding, seconded by Mrs. Krivos. Upon roll call,
Council voted as follows: Mrs. Krivos - Yes; Mr. Weekes - Yes; Mr.
Youngblood - Yes; Mayor Scheifley - Yes.
9.a. Acting City Manager Weber reported the Planning and Zoning
Board at a meeting held on November 20th recommended by unanimous vote
that Council approve the site plan modification and preliminary plat
for the Aronimink Corporation. This is a modification of the site plan
previously approved by Council and was reviewed by Council at the
December 18th workshop meeting. This property is located in the SE¼ of
Section 19, To~nship 46 South, Range 43 East at the Southwest corner of
the intersection of Lowson Boulevard and Congress Avenue. Approval is
recommended. Mrs. Krivos moved to approve the site plan modification
and preliminary plat for Aronimink Corporation, seconded by Mr. Young-
blood, said motion passing unanimously.
10.a. The following Bills for Approval were unanimously approve~ for
payment on motion by Mr. Youngblood and seconded by Mr. Weekes.
General Fund ............... $782,795.96
Water and Sewer Fund .......... · . 6,500.00
Cigarette Tax Fund ........... 12,725.00
Utility Tax Fund ............. 60,000.00
Beach Restoration Fund .......... 7,707.60
Federal Revenue Sharing Fund ....... 750.00
The meeting adjourned at 8:35 P.M.
City Clerk
~/ M A Y O R -6'- 12-26-73
oo ~<
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R~en?-~',~',-? NO. 59-73
220B
A RESOLUTIO[,[ OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ~SS~.oSI~G COSTS FOR ABATING NUISANCES
UPON CERTAIN LAN~S LOCATED WITHIN SAID CITY; SETTING
OUT ACTUAL COSTS INCI~ED BY SAID CITY TO ACCOMPLISH
SUCH ABATEmeNT A~ LE'~ING THE COST OF SUCH ABATEMENT
OF SAID ~ISANCES, AND DECLARING SAID LE~ TO BE A
LIEN UPON SAID PROPERTY iN AN AMO~T AS SHO~ BY RE-
PORT OF THE CITY ~,NAGER OF DEL~Y BEACH, FLORIDA.
~HE~AS, the City Council of the City of Delray Beach, did, in
regular ~xxxxxxxxxx session held on the 23rd day of
July, 1973 declare the existence of a nui-
sance upon certain lots or parcels of land, described in a list s~-
mitred to them, for violation of the provisions of Ordinance G-147;
WHE~AS, pursuant to such declaration, the City Clerk of said
City did furnish each of the respective owners of the lands described
in said list with a notice describing the nature of the nuisance an~
that they must abate said nuisance within thirty (30) days, failing
in which the City Council would have it done, and the cost thereof
would be levied as an assessment against said property; and
WHEREAS, the owners hereinafter named did fail and neglect to
abate the nuisance existing upon their respective lands within the
time prescribed in said notice and Ordinance G-147, and the City of
Delray Beach was required to and did enter upon the following lands
and incur costs in abating the nuisance existing thereon as described
in the aforesaid list; and
~E~AS, the City Manager of the City of Delray Beach, has, pur-
suant to said Ordinance G-l~,7 and the City Charter submitted to the
~City Council a report of the costs incurred in abating the nuisance
~as aforesaid, said report indicating the costs per parcel of land
~ involved.
o 0ws:
1. ~at assessments in the individual amounts as shown by the
~report of the City Manager of the City of Delray Beach, involving the
~ City'
~ s cost of abating the aforesaid nuisances upon the lots or par-
mcels of land described in said report, a copy of which is attached
~hereto and made a part hereof, are levied against the parcels of land
~described on said report and in the amounts indicated thereon. Said
· assessments so levied shall be a lien upon the respective lots and
.parcels of land described in said report, of the same nature and to
~ the same extent as the lien for qenezal city taxes and shall be eol-
~ lectible in the same manner and with the same penalties and under the
~ same provisions as to sale and foreclosure as city taxes are
m 2. That the City Clerk of said City shall, as soon as possible
after the effective date record a certified copy of this resolution
~ in the office of the Clerk of the Circuit Court in and for Palm Beach
·County, Florida, and shall furnish to each of the owners named in and
upon said report a notice that the City Council of the City of Delray
o did on the July 23, 1973
o Bsa ch, ,
~uo~ order the abatement of a certain nuisance existing on their described
property and property owner having failed to abate such nuisance,
within the 30 day period, whereupon it was abated by the City at costs
shown in said report and such assessments shall be legal, valid and
binding obligations upon the property against which said assessments
are levied. This resolution shall become effective 30 days from the
date of adoption, and the assessments c6ntained herein shall become
due and payable thirty days after the mailing date of the notice of
said assessment, after which interest shall accrue at the rate of 6~
per annum on any unpaid portion thereof.
PASSED AND ADOPTED in regular session on the 26th day of
Dece~.~ber , A.D. 19 7~. ~/~~.~,~ /'//-" .
ATTEST: ~,'"~ ~./~ ~ [.,'f_/[.~4 ]
220C
COST OF ABATING NUISANCE UNDER ORDINANCE NO. G-147
July 23, 1973
PROPERTY DESCRIPTION OWNER ASSESSMENT
Seestedt - Stevens, Lots iA and R.D. & M. B. Priesmeyer
$125.00
lock 4, Lot 6, Delray Beach Urban Realty Corporation
Heights 100.00
First Addition to High Acres. Anthony T. Totero, M.D.
Block F, Lot 9 less the El0' 95.00
thereof
220D 901--919 N. Es 9th Avenue
&
900-906 Palm Trail
UNIMPROVED PROPERTY
ORDINANCE NO. 41-73.
AN ORDIIqANCE OF THE CITY COUNCIL OF T~LE CITY OF
DELtlAY BEACII, FLORIDA, ANNrEXING TO TH~~. CITY OF
DELRAY BEACH CERTAIN LA~TDS, L%\MELY LOTS 4, 5, 6,
7, 8, 9, 13, 14, 15, 16 AND 17, TOGETI-LER WITH
THE ABANDO~ED ALLEY LYING BET~,'rEEN LOTS 4 TI-]'ROUGH
8 AND LOTS 13 ~ROUGH 17 AND ~{E ~EST ~tLF OF
SAID ALZ~Y LYING 2~JACEBIT TO LOT 9, BLOCK 5, SOPH~
FREY SUBDIVISION~ I~f-tICH ~S A~ CONTIGUOUS TO
EXISTING !'.gJNICIPAL LIMITS OF SA~ CI~; REDEFINING
~ BOUndARIES OF SAID CI~f TO iNCLL~E SAID LA~S;
PROVIDIIqG FOR Tf~ RIGHTS A%~ OBLIGATIONS OF SA~
~S; AL~ PROV~ING FOR T~ ZONING ~ELEOF.
~AS, ALBA-I~ESTMENT & DEVELOPMENT CORP. is the fee simple
o~er of the lands hereinafter described; and,
$~EREAS, ROBERT D. C~PIIq, agent for ALBA-I~EST~NT & DEVELOP-
MENT CORP., by his petition has consented ~d given permission for
the annexation of said lands by the City of Delray Beach; and,
~REAS, the City of Delray Beach has .heretofore been author-
ized to annex lands in ~ccordance with Section 185.1 and Section 6A
(4). of'the City Charter of said City granted to it by the State of
Florida; and,
in the Pd,,l-15,.u~,~itiple Family Dwelling =_o~~-~_~ have been recom~ended
by the Planning and Zoning Board in action taken at its meeting held
on November 20, 1973,
NOW, ~EREFO~, BE IT O~Ai~D BY THE CI~ COUNCIL OF THE CI~
OF DELSEY 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 following
described tracts of land located in Palm Beach County, Florida, which
lie contiguous to said City, to-wit:
Lots 4, 5, 6, 7, 8, 9, 13, 14, 15, 16, and 17,
together with the abandoned alley lying bet~een
Lots 4 through 8 and Lots 13 through 17, and the
West half of said alley lying adjacent to Lot 9,
Block 5, Sophia Frey Subdivision, as recorded in
Plat Book 4, Page 37, of the Public Records of Palm
Beach County.
SECTION 2. That 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 lands are hereby 'declared to be
within the corporate limits of the City of Delray Be~ch, Florida.
SECTION 3. That the lands herein above described are hereby
declared to be in Zoning District ~-15 as defined by existing ordi-
nances of the City of Delr~y Beach, Florida.
SECTION 4. That the lands hereinabove described shall imme-
diately become subject to all of the franchises, privileges, immunities,
debts, obligations, liabilities, ordinances and laws to which lands in
the City of Delray Beach are now or may be, and persons residing there-
on shall be deemed 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 competent
jurisdiction, such record of illegality shall in no way affect the
remaining portion.
PASSED AND ADOPTED in regular session on second and final reading
on this the 26th day of December , 1973.
. MAYOR
ATTEST: ~
City Clerk ~ .
First Reading ~!9~/ Z ~ ~97~
Second Reading. December 26, 1973.
-2-
Ord. No. 41-73
SECTION 4. That the lands hereinabove described shall imme-
diately become subject to all of the franchises, privileges, ies,
debts, obligations, li-nbilities, ordinances and laws to which in
the City,of De!ray Beach are now or may be, and persons res there-
on shall deemed citizens of the City of Delray Beach.
5. That. if any word, phrase, clause, se ce or part
of this Ordi] rice shall be declared illegal by a cou] of competent
jurisdiction uch record of illegality shall in n( affect the
remaining ~ .
PASSED AND )OPTED in regular session o~ and final reading
on this the 26th of December 1973.
/
~ / ,.,',, ,,. :, , /- _~...
' / 1//, ~ ~/' .... 0
Cit~ Cle rk~ ?~/ . /
Second Rea~ng December 26, 1973.
-2-
Ord. No. 41-73