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07-24-72 July 24, 1972. A regular meeting of the City Council of the City of Delray Beach, Florida, was called to order in the Council Chambers at 7:30 P.M,, Monday, July 24, 1972, by Mayor James H. Scheifley, with City Manager J. Eldon Mariott, City Attorney G. Robert Fellows, and Council Members Grace S. Martin, J. L. Saunders, Leon M. Weekes, and O. F. Youngblood present. 1. The opening prayer was delivered bY Reverend Roy Forward of the Christian and Missionary Alliance Church of Delray Beach. 2__~. The Pledge of Allegiance to the Flag of the United states of' America was then given. 3_~_. The minutes of the reqular meeting of July 10, 1972, were unanimously approved on motion by Mrs. Martin, seconded by Mr. Weekes. .4. Presentation of items by Council members. None. 5. Recognition of public requests from the floor. None. 6.a. The City Manager explained that the term of Dr. Frederic F. Bush, Jr., on the Delray Beach Housing Authority expired on July 14th. It was informally agreed at the July 17th Council work- shop meeting to appoint Dr. Warren J. Nubern, Pastor of the Lake- view Baptist Church if Dr. Nubern would accept the appointment. Council unanimously approved the appo.intment of Dr. Nubern to a 4-year term ending July 14, 1976 on motion by Mrs. Martin, seconded by Mr. Youngblood. 6.b. The City Manager presented a list of parcels of land in violation of the City's nuisance laws in compliance with Chapter 15 of the City's Code of Ordinances. He recommended that if there were no questions the City Clerk be directed to comply with Chapter 15 of the Code to obtain compliance with the applicable ordinances. Mr. Youngblood so moved, seconded by Mr. Saunders, and unanimously carried. 6.c. The City Manager explained that bids had been solicited for the removal of 6 buildings on City owned land located at 126 and 134 S. Ocean Boulevard and only 1 proposal was received. The lone bidder is: Cuyahoga Wrecking Corporation 1790 Service Road Opa Locka, Florida 33054 The' City Manager recommended that Council authorize the award for demolition and removal of these buildings to Cuyahoga Wrecking Corporation in the amount of $3,245.00, subject to the bidder post- ing proper bonds with the City. The cost of same to come from the General Fund Contingency Account. Mr. Saunders moved that the bid be accepted subject to the posting of the proper bond and the money be transferred from the General Fund Contingency Account, seconded by Mr. Youngblood, and unanimously passed. 6.d. The City Manager informed Council that the following bids were received and opened on July 17th for the Southwest Drainage Project: Bidder Bid Clayton Construction Co. $ ~79,462.50 Marmora, N. J. .Tech Corporation 993,818.00 Lighthouse Point, Florida Intercounty Construction Co. 1,152,499.00 Ft.' Lauderdale, Florida Belvedere Construction Co. 1,191,228.50 West Palm Beach, Florida A. Gaudio & Sons 1,220,275.00 Ft. Lauderdale, Florida · Paul N. Howard Co~ 1,328,860.00 Greensboro, N. C. Pipeline Services, Inc. 1,666,070.00 New Hartford, N. Y. Houdaille-Duval-Wright Co. 1,700,269.00 Jacksonville, Florida The City Manager recommended that the contract be awarded to the low bidder, Clayton ConStruction Company of Marmora, New Jersey, in the amount of $979,462.50. This is a tentative award subject to the approval of the Department of Housing and Urban Development. The construction time is 380 days as stated in the specifications to all bidders. It is judged that it will take approximately 30 days to receive approval from DRvUD. Following this period of time, the contractor is notified to proceed with construction within 10 days of notice from the City, From this point,~ 380 calendar days are allowed for execution and cOmpletion of construction. The City Manager presented RESOLUTION NO. 34-72, prepared for making the award as outlined above. A RESOLUTION ACCEPTING THE BASE BID OF·CLAYTON CONSTRUCTION CO., DIVISION OF RESIDEX CORPORATION, o. ~ FOR STO~ DRAI~GE FACILITIES, PROJECT NO. 5964- 9a, DHUD PROJECT NO. WS-Fla-199, IN THE TOTAL AMOUNT OF $979,462.50, SUBJECT TO T}IE APPROVAL OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND PROVIDING WHEN THIS RESOLUTION SHALL ~KE EPFECT. (Copy of Resolution No. 34-72 is attached to the official copy of these minutes.) See: Pages 132 A & B Mr. Youngblood moved for the adoption of Resolution 34-72, seconded by Mr. Saunders, and unanimously carried. 6.e. The City Manager recommended that Council authorize· ' execution of an agreement with the Florida East Coast Railway Company that will permit the installation of a sanitary sewer main across the F.E.C. right-of-way at S. E. 10th Street and passage.of Resolution No. 35-72 in connection therewith. - 2 - 7-24-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELP~Y BEACH, FLORIDA, AU~IOR- IZING 'THE EXECUTION OF AGREEMENT FOR A SANITARY SE~ER MAIN CROSSING THE FLORIDA EAST COAST RAILWAY COMPANY PROPERTY UNDER ITS TRACKS AT A POINT LOCATED 4507.8 FEET SOUTHERLY FROM P~ILWAY'S MILE POST NO. 317, AS MEASURED FROM JACKSONVILLE, FLORIDA. (Copy of Resolution No. 35-72 is attached to the official copy of these minutes.) . See: Pages 132-C Mr. Weekes moved for execution of. the agreement and passage of Resolution No. 35-72, seconded by Mrs. Martin, and unanimously passed. 6.f. The City Manager reported that it was informally decided at the July 17th workshop meeting to authorize the City Attorney at tonight's meeting to present to the Palm Beach County Legislative Delegation a request to redefine the corporate limits of the City of Delray Beach. The prime objective being to include the so-called "pockets" within the corporate limits of the City. M_rs. Martin moved to authorize the City Attorney to appear before the Palm Beach County Legislative Delegation to present the City's request to redefine the boundaries of Delray Beach, seconded by Mr. Saunders, On roll call Mrs. Martin, Mr. Saunders, Mr. Youngblood and Mayor Scheifley voted in favor of the motion, with Mr. Weekes opposed. 7.a. The City Manager explained that Dr. William H. Laughlin, a veterinarian who is constructing a veterinary hospital on South Federal Highway outside the corporate limits of the City, has requested the City to provide his building with water and sewer service. This property is located in the N. W. ¼ of Section 28- 46-43 at 1900 South Federal Highway. The' City Manager recommended that water and sewer service be furnished by the City provided Dr. Laughlin files an application for annexation into the City. It was so moved by Mrs. Martin, seconded by Mr. Youngblood, and carried unanimously. 7.b. The City Manager explained that a person who lives in Tropic Palms subdivision has run into a provision of the City's Code of Ordinances that prohibits him from doing certain work on his home after 5 P.M. The ordinance provides in part that construction work causing noise, vibration, shaking, jarring, etc., shall not be done between the hours of 5 P.M. and 8 A.M. the following morning. The party wishes to construct an addition to his home. Initially, he found his neighbors in agreement to allow him to work after 5 P.M. One n~ighbor, hov~ver, began to object resulting in a stop- page of work by the police. T~e Building Official conferred with the City Attorney to determine whether work on one's own home after 5 P.M. was in violation of the City Ordinance. It was found to be in violation. The City Manager also reported that a letter had been received from Mr. Michael L. BonDurant, President, Tropic Palms Homeowners Association requesting modification of the City's ordinance that prohibits construction work during certain hours. The City Manager recommended referral to a workshop meeting if Council was not ready to take action. The City Manager felt that repeal of the present ordinance would not be good due to noise, complaints, etc. Mr. Weekes moved to refer this matter to workshop, seconded by Mrs. Martin, and passed unanimously. - 3 - 7-24-72 7.c. The City Manager informed Council that a request had been received for annexation of a tract of land located generally at the S. W. corner of South Federal Highway and S. E. 10th Street, being the E~ of Lot 5, Section 21-46-43 and the S~ of NW-~ of NE¼ of SW¼, Section 21-46-43, lying W of U.S. Highway 1, subject to C-2 zoning. The applicant states he wishes to build a shopping center at this location. The City Manager recommended that the request be referred to the Planning and Zoning Board for study and recommendation. It was so moved by Mr. Weekes, seconded by Mr. Youngblood, and carried unanimously. 7~d. The City Manager explained that a request for a gratis license has been received from Mr~ James A. F. eece to operate 4-unit apartment at 709 through 715 N. E. 3rd Avenue. Satisfactory evidence per Section 16-4 of the City Code and Section 205.162 of the Florida Statutes has been submitted. He complied in all respects to provisions of the ordinance for a gratis license. ApproVal was recommended. Mr. Youngblood moved for approval, seconded by Mr. Saunders, passed unanimously. 8.a. The City Manager presented ORDi~ANCE NOo 14-72. AN ORDINANCE 'OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOTS 1 THROUGH 44, INCLUSIVE, BLOCK 15, AND LOTS 12 THROUGH 23, INCLUSIVE, BLOCK 2, ALSO THE NORTH-SOUTH ALLEYS IN BLOCK 15, DEL-RATON PARK. SUBDIVISION, W~{ICH LAArD IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID' CITY; REDEFINING THE BOL~DARIES OF SAID CITY TO iNCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 14-72 'is attached to the. official copy of these minutes.) See: Pages 13~ D & E He explained that a public hearing was held on the °rdi- nance at the July 10th Council meeting with passage consideration being deferred until such time as the contingency attendant to the subject annexation had been complied with. That contingency having been complied with by incorporation of same on a new subdivision replat of the property in question and the replat having been approved by unanimous vote of the Planning & Zoning Board at a meeting held on July 18th, he recommended that Ordinance No. 14-72 be passed on second and final reading. Mr. Saunders moved for the passage of Ordinance No. 14-72 on the 2nd reading, seconded by Mr. Youngblood, carried unanimously. The City Manager then presented RESOLUTION NO. 36-72. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY .BEACH, FLORIDA, VACATING AND ABANDONING CERTAIN EASE~V~ENTS A~D PORTIONS OF STREETS IN DEL-RATON PA.P~K SURD IVI S ION. (Copy of Resolution No. 36-72 .is attached to the official copy of these minutes.) See: Page 132-F - 4 - 7-24-72 He explained that this resolution is in connection with the repiat mentioned above. Mrs. Martin moved for the passage of Resolution No. 36-72, seconded by Mr. Saunders, and passed unan- imously. The City Manager then presented the preliminary and final plats of Aiden, a replat of the subject~property which .plat has been approved by the Planning & Zoning Board and the Engineering Department. Following inspection by Council of the plats, Mr. Youngblood moved to approve the Preliminary and Final Plats of Aiden, seconded by Mr. Saunders, carried unanimously. · 8.b. The City Manager presented ORDINANCE NO. 15-72. AN ORDINANCE RELATING TO°ALCOHOLIC BEVERAGES; AMENDING SECTION 4-5 OF THE CODE OF ORDINANCES OF THE CITY OF DELRA¥ BEACH, FLORIDA, TO PROVIDE FOR THE SALE OF LIQUOR IN LOTS 23 AND 24, BLOCK B, WEST SIDE HEIGHTS, OF THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Ordinance No. 15-72 is attached to the official copy of these minutes.) See: Pages ~32-G A Public Hearing was held, having been legally advertised, in compliance with the laws of the State of Florida, and the Char- ter of the City of Delray Beach. There being no objections to Ordinance 15-72, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Youngblood, seconded by Mr. Weekes. 8.c. City Manager Mariott presented ORDINANCE NO. 16-72. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, TO BE EFFECTIVE FOR A PERIOD NOT TO EXCEED 90 DAYS, ESTABLISHING A PROCEDURE FOR OBTAINING BUILDING PERMITS FOR COMMERCIAL, INDUSTRIAL AND MULTIPLE FAMILY DWELLINGS UP TO AND INCLUDING NINE (9) UNITS. (Copy of Ordinance No. 16-72 is attached to the official copy of these minutes.) See: Pages 132 H & I A Public Hearing was held, having been legally advertised, in compliance with the laws of the State of Florida, and the Char- ter of the City of Delray Beach. There being no objections to Ordinance 16-72, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Saunders, seconded by Mr. Weekes. 8.d. The City Manager presented ORDINANCE NO. 17-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA REPUBLISHING AND AMENDING ALL OF CHAPTER 16 "LICENSES" OF THE CITY'S CODE OF ORDINANCES ESTABLISHING REQUIREMENTS; EXPIRATION DATES; TRANSFERABILITY; DUE DATE; EXEMPTIONS; PENALTY; COLLECTION FEE AND LICENSE SCHEDULE IN COMPLIANCE WITH FLORIDA STATUTES CHAPTER 205. ~q~e City Manager explained it is necessary as a result of recent state legislation that this ordinance, which essentially is a - 5 - 7-24-72 130 repetition of the City's present business license ordinance as amended, be adopted and that it be published in its entirety. There was discussion concerning the necessity of advertising this ordinance at an estimated cost of $328.00. There was also discussion of the City and Florida League of Cities interceding with the legislative delegation concerning future legislation re- garding licensing. Mr. Youngblood moved to place Ordinance 17-72 on first reading, seconded by Mr. Weekes, passed unanimously. 8.e. City' Manager Mariott presented ORDINANCE NO. 18-72. AN ORDINANCE OF T~_E. CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, CERTAIN LANDS LYING IN THE SOUT~tWEST QUARTER (SW~) OF SECTION 12, TOWNSHIP 46 SOUTH, RANGE 4.2 EAST ALSO PORTIONS OF LAKE IDA ROAD AND BARWICK ROAD, WHICH LANDS · ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LA/~DS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LA,IDS; AND PRO- VIDING FOR THE ZONING THEREOF. Mr. Saunders moved that Ordinance No. 18-72 'be placed on first reading, seconded by Mr. Youngblood, and carried unanimously. 8.f. The City Manager presented ORDINANCE NO. 19-72. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING ORDINANCE NO. G-225, AS AMENDED, AND AMENDING PORTIONS OF THE SOUTHERN STANDARD BUILDING CODE, AS ADOPTED, IN CHAPTER 9, SECTION 9-1 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA. The City Manager explained that the proposed ordinance repeals Ordinance No. G-225, the current supplement to the Southern Standard Building Code and replaces same with a. new supplement. The ordinance, in addition, eliminates many duplications and in- corporates within its provisions certain other related building regulations now scattered elsewhere in the City's code of ordinances. AdOption of Ordinance No. 19-72, the substance of which was compiled with the able assistance of and approved by the Spanish River Section, Palm Beach Chapter, American Institute of Architects (in which connection Mr. Roy Simon played a key role) in addition to updating the City's building regulations for local benefit removes certain obstacles to future workable program certification. Also, the City's Contractors Board of Examiners concurs with the administration's recommendation that the ordi- nance be adopted. Mr~ Saunders moved that Ordinance No. 19-72 be placed on first reading, seconded by Mrs. Martin, and carried un animou sly. 8.g. city Manager Mariott presented. ORDINANCE NO. 20-72. AN ORDINANCE OF THE CIT~ COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELP~AY BEACH CERTAIN LANDS LYING IN SECTION 28, TOW~NSHIP 46 SOUTH, RANGE 43 EAST, - 6 -. 7-24-72 131 WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR THE ZONING THEREOF. Ordinance No. 20-72 was unanimously placed on first reading on motion by Mr. Youngblood and seconded by Mr. Saunders. 9. The City Manager explained that at the last meeting of the Planning & Zoning Board it was unanimously recommended that Council approve the use of a trailer for a sales office on Lot 1, Block 6, Rosemont Park, 620 S. W.~ 7th Street. The applicant is the Southway Development Company. Mr. Weekes moved that Council approve said use of the trailer for a period of 6 months, seconded by Mr. Saunders, and carried unanimously. · 10.a. The following Bills for Approval were unanimously approved for payment on motion by Mr. Weekes, seconded by Mr. Saunders. General Fund $213,940.84 Water Revenue Fund 288,642.65 General Fund, Sinking Fund 40,000.00 Beach Restoration Fund 5,000.00 10. a.1. Concerning the recent purchase of the water and sewer · systems from Ecological Utilities, Inc. that served the Delray Shores subdivision, City Manager Mariott reported that he had been informed today by the Director of Public Utilities that the water and sewer serVices had been disconnected from that system and con- nected to the City of Delray Beach water and sewer systems. He said the change over in the water system had caused a merky water condition resulting in complaints from many residents of that Subdivision° The residents were· informed that the condition was temporary. 10.b.2. The City Manager reminded Council of a complaint reported at the last Council meeting concerning an automobile wrecking yard located at 155 North Congress Avenue. It had been thought that the subject property was not within the City limits and the complaint had been referred to the County. It has now been determined that the wrecking yard is within the city limits and has been licensed and operating at that location for some time as the ABC Towing Service and seller of used parts. The City Manager said that Council approval would be necessary for an individual or company to operate an automobile wrecking business and this company had been contacted concerning same. He informed Council that a letter had been received from the ABC Towing Service containing a'Proposal to pick up junk cars in the City. This item was unanimously re- ferred to a workshop meeting on motion by Mr. Saunders, seconded by Mr. Youngblood. 10.b.3. Mayor Scheifley said he believed it would stimulate a person's desire to have his property annexed into the city if.he realized the length of time it would take the fire department that services the county areas to get to them. The meeting adjourned at 9:35 P.M. HALLIE E. YATES ' /~/ MA Y.O R ' - 7 - 7-24-72 ]32 - RESOLUTION N'O, 34-72 A RESOLUTION ACCEPTING T~ BASE BID OF CLAYTON CONSTRUCTiO~ CO., DIVISION OF RESIDEX CORPO.r~TION, FOR STORM DP~INAGE FACILITIES, PROJECT NO. 5964- 9a, DHUD PROJECT NO. WS-Fla-199,. IN ~E TOTAL AMOI/NT OF $979,462.50, suBJEcT TO TIE APPROVAL OF THE DEPARTmeNT OF HOUSING kND URBAN DEVELOPMENT AND PROVIDING WHEN THIS RESOLUTION SI~LL TAKE EFFECT. WHEREAS, bids were duly' cal. led for, advertised, and opened on July 17, 1972, in the manner prescribed by the City of Delray. ' _ Beach for Storm Drainage Facilities, Project No. 5964-9a, DHUD Project No. WS-Fla-199 and, WHEREAS, bids were received as per the schedule which is attached hereto and, by reference, made a part hereof and, WHEREAS, the City Manager has approved the expenditure herein Provided and recon~nends aWard of 'this contract and, WHEREAS, the City Clerk has certified-that there are suffi- cient funds 'on deposit for Storm Drainage Facilities, Project No. 5964-9a, DHUD Project No. WS-Fla-199. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH: SECTION 1. The City Council finds that the lowest and best bid submitted by a .responsible bidder, which does .not exceed the estimate for said project, is the following: $979,462.50 -- Clayton Construction Co., Division of Residex Corporation, 215 So. Shore Road,..Marmora, N.J. 08223 SECTION 2. The aforesaid bid is hereby accepted .subject to the approval of the Department of Housing and Urban Development and is subject to the terms and conditions of the bid documents. SECTION 3. The City Clerk hereby certifies that suffi, cient funds are available for said project. SECTION 4. The Mayor and City Clerk are hereby authorized to execute an appropriate contract and/or such documents as may be required. SECTION 5. The City Clerk is authorized to return the bid' security of all unsuccessful bidders with the exception of the three lowest bidders, in accordance with the terms of the bid documents. SECTION 6. This Resolution shall take effect immediately upon its adoption. .. PASSED AND ADOPTED this 24th day of July, 1972. AY~O R ATTE S T: City Clerk ~/ ].32-B STORM DRAINAGE FACILITIES SCHEDULE OF BIDS RECEIVED IULY 17, 1972-CITY OF DELRAY BEACH, FLA. PROJECT ~5964-9a, DHUD PROJECT ~WS-Fla. 199 CONTRACTOR ' AMOUNT Clayton Construction Co., Division of Residex $ 979,462.50 Corporation, 215 So. Shore Rd., Marmora, N.J. 08223 Tech Corporation & Associates, P.O. Box 5520 993,818.00 Lighthouse Point, Florida 33064 Intercounty Construction Corporation, P.O. Box 1500 1,152,499.00 Fort Lauderdale, Florida 33302 Belvedere Construction Co., P.O. Box 15107 '1,191,228.50 West Palm Beach, Florida 33406 A. C-au'dio & Sons, Inc., 2801 S.XAr. 46th Avenue 1,220,320.00 (Corrected) Fort Lauderdale, Florida 33314 Paul N. Howard Company, P.O. Box 20488 1,328,860.00 Greensboro, North Carolina 27420 Pipeline Services, Inc., P.O. Box 65 1,666,070.00 New Hartford, New York 13413 Houdaille-Duval-X~fright Co., P.O. Box 8'0'68 1,700,269.00 Ft. Lauderdale, Florida 33310 - 2 - Resolution 34-72 · ~32-C RESOLUTION NOo 35-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL~AY BEACH, FLORIDA, AUYT{OR- IZING THE EXECUTION OF AGKEE~.~NT FOR A SANITARY SEWER ~IN CROSSING THE FLORIDA EAST COAST RAILWAY COMPAL~ PROPERTY UNDER ITS TRACKS AT A POINT LOCATED 4507.8 FEET SOUTHERLY FROM RAILWAY'S MILE POST NO. 317, AS MEASURED FROM JACKSONVILLE, FLORIDA. BE IT RESOLVED, by the City Council of the City of Delray BeaCh,.a municipal corporation of t~e State of Florida, as follows: 1. That the City of Delray Beach, a municipal corporation of the State of Florida, does hereby.contract and agree to enter into an agreement with the Florida East Coast Railway 'Company, wherein and whereby, said City of Delray Beach is given the right and privilege to install, construct and maintain a subgrade 16 inch cast iron gravity sanitary sewer main to be encased in a 30 inch steel casing pipe at a point located 4507.8 feet southerly from Railway's Mile Post No. 317, as measUred from Jacksonville, Florida, and more fully described in License Agreement. .. Said location is shown on print as prepared by Russell & Axon, Consulting Engineers, Inc., and given Railway's Plan No. 317-3-28, dated May 30, 1972, and is .in the S. E. 10th Street right-of-way. 2. That the Mayor with the attestation of the City Clerk, be and they hereby are authorized and directed to execute said agreement for and on behalf of said City of Delray .Beach. 3. That this resolution shall take effect immediately upon its passage. PASSED AND ADOPTED this 24th day of July, 1972. ¢ MAYOR ATTEST: CITY CLE~' ]_32-D ORDINANCE NO. 14-72. AN ORDINANCE OF THE CIT~ COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOTS 1 THROUGH 44, INCLUSIVE, BLOCK 15, AND LOTS 12 THROUGH 23, INCLUSIVE, BLOCK 2, ALSO THE NORTH-SOUTH ALLEYS IN BLOCK 15, DEL-RATON PARK SUBDIVISION, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LkND; PROVIDING FOR THE RIGt~TS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. WHEREAS, ALDEN, INC., a New York corporation, is the fee simple owner of the property hereinafter first described; and, W~EREAS, AIDEN, INC., by its petition has consented and given permission for the annexation of said property by the City of Delray Beach; and, WHEREAS, the city of Delray Beach has heretofore been authorized to annex lands in accordance with Section 185.1 and Section 6A (4) of the City Charter of said .City granted to it by the State of Florida; and, WHEREAS, the annexation of .these lands hereinafter first described, in the C-2 General Commercial District, has been recom- mended by the Planning and Zoning Board in action taken at its meet- ing held on June 20, 1972; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ~ITY OF DELRAY 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 1 through 44, inclusive, Block 15, and Lots 12 through 23, inclusive, Block 2, Del-Raton Park Subdivision, per Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida; also, The Two North-South ten-foot (10') Alleys in Block 15, Del-Raton Park Subdivision, per Plat Book 14, Pages 9 and 10, Public Records of Palm Beach County, Florida. 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 land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. Tha~ the tracts of land hereinabove first described are hereby declared to be in Zoning District C-2 as . defined by existing ordinances of the City of Delray Beach, Florida. -1- OTS 132-E SECTION 4. That the ].ands hereinbefore described shall immediately 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 thereon 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 in regular session on the second and final reading on the 24th day of July , 1972. ATTEST: City Clerk~/ First Reading: JUN 2 6 1972 Second Reading: July 24~ 1972 . . Public Hearing July 10, 1972 -2- Ord. 14-72. 132-F RESOLUTION NO. 36-72. A RESOLUTION OF THE CITY COU~CIL OF THE CITY OF DELRAY BEACh{, FLORIDA, VACATING AND ABANDONING CERTAIN EASEMENTS AND PORTIONS OF STREETS IN DEL-RATON PARK SUBDIVISION. WHEREAS, AIDEN, INC., the owner of Lots 12 thru 23, Block 2, and Lots 1 thru 44, Blo6k 15 of DEL-RATON PARK'SUBDIVISION, has made application to the City Council of Delray Beach to vacate and abandon portions of streets in DEL-RATON PARK SUBDIVISION, and WHEREAS~ said dedicated rights-of-way have never been 'opened or used, and are deemed not needed by said City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: That pursuant to Section Seven (7), Paragraph Three (3) of the Charter for the City of Delray Beach, Florida, it is · - hereby determined to vacate and abandon 'any title and interest in the following described property: The South half of Avenue "E", adjacent to Block 15, and the two (2) ten (10) foot Alleys lying within Block 15: DEL-RATON PARK SUBDIVISION, as appears on pages 9 and 10, Plat Book 14, Public Records of Palm Beach County, Florida. PASSED AND ADOPTED in.regular session on this the 24th day of July, 1972. ATTEST: City Cle:' · OOG 132-G ORDINANCE NO. 15-72. AN ORDINANCE RELATING TO ALCOHOLIC BEVERAGES; AMENDING SECTION 4-5 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, F~ORIDA, TO PROVIDE - FOR THE SALE OF LIQUOR IN LOTS 23 AND 24, BLOCK B, WEST SIDE HEIGHTS, OF THE CITY OF DELRAY BEACH, FLORIDA. BE IT ORDAINED BY THE CITY CouNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 4-5 of the Code of Ordinances of the City of Delray Beach, Florida, be amended by adding the following provision, to-wit: "Lots 23 and 24, Block B, West Side Heights, per Plat Book 13, Page 61, of the Public Records of Palm Beach County, Florida." Section 2. That this ordinance is and shall be deemed supplemental to existing ordinances. PD~SED in regular session on second and final reading on this the 24th day of July , 1972. ~ ~-".~ -,., ,,, ,. ,~.;' .-'t ~ ~ ~,~,7 yMAYOR ATTEST: City Clerk _. First Reading .JUN ~ 6 1Q77 Second Reading July 24, 1972 66t~ 132-H ORDINANCE NO. 16-72. AN ORDINANCE OF T~IE CITY OF DELRAY BEACH, FLORIDA, TO BE EFFECTIVE FOR A PERIOD NOT TO EXCEED 90 DAYS, ESTABLISHING A PROCEDURE FOR OBTAINING BUILDING PERMITS FOR CO~kV~ERCIAL, iNDUSTRIAL Ai~D MULTIPLE FAMILY DWELLINGS UP TO AND INCLUDING NINE (9) UNITS. WHEREAS, the master plan of the City of Delray Beach, Florida, has been in process for ~ period of over two (2).'years; and, WHEREAS, the Planning and Zoning Board has held public hearings on the master plan; and, WHEREAS, the City Council has adopted the master plan in principle; and, WHEREAS, the Planning and Zoning Board is prepared to present to Council ordinances and a zoning map implementing the master plan; and, · WHEREAS, the Planning and Zoning Board has recommended a control procedure for issuance of building permits for commercial, industrial and multiple family dwellings up to and including nine ('9) units so that the salutary effect sought in the master plan will not be nullified; and, WHEREAS,~ control exists for the issuance of building. permits for buildings in excess of nine (9) units; and, WHEREAS, controls are no~t needed for single f~mily residences; and, WHEREAS, Council deems it to be in the best inte'rests of the City of Delray Beach to control the issuance of building permits for commercial, industrial and multiple family dwellings up to and including nine (9) units; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TH~ CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That this ordinance shall remain in effect for a period of 90 days or until superseded by the ordinances implementing the master plan, whichever occurs first. SECTION 2. All applications which are submitted to the Building Department for building permits for new construction of commercial, industrial and multiple family dwellings up to and including nine (9) units shall be referred to the Planning and Zoning Board. SECTION 3. The Planning and Zoning Board shall review such applications as to the use and density when applied in principle to the master plan and make a. reconunendation to. the City Council to approve or deny the application for the building permit. 132-1 SECTION 4. Council shall, after receiving such recommenda- tion from the Planning and Zoning~ Board, take such action as it may deem to be in the best interests of the City. SECTION 5. Council approval of the application shall be authorization for the Building Department to issue the appropriate permits. SECTION 6. This ordinance shall, while in effect, 'supersede all ordinances in conflict herewith. PASSED A/gD ADOPTED in reg'ular session on the second and _ final reading on the 24th day of July, 1972. ATTEST: City Clerk First Reading July 10, 1972 Second Reading J.gly 24? 1972 Ord. No. 16-72.