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11-136-72 207 NOVEM[~ER ~ ~_,_3, 1972. 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, November 13, 1972, with Mayor James H. Scheifley presiding, 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 Lord's Prayer was repeated 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 October 24, 1972, were unanimously approved on motion by Mrs. Martin and seconded by Mr. Weekes. 4.a. At the suggestion of Mr. Saunders, Mayor Scheifley introduced Messrs. Samuel H. Allen, Jr., Mark S. Baldwin and Semmie Z. Taylor, Candidates for Council in the coming election. Mayor Scheifley also mentioned that Councilmen J. L. Saunders and Leon M. Weekes are candidates in that election. 4.b. Mr. Youngblood reported that there are numerous junk cars on N. W. 3rd Street and N. W. 5th Avenue, and asked that this condition be checked into. Mayor Scheifley referred this matter to the City Manager for disposition. 4.C. Mayor Scheifley read a Proclamation proclaiming November 19 through November 26, 1972, as BIBLE WEEK and urged all men, women and children of all faiths to observe the week by reading the Scriptures. 4.d. The Mayor read a Proclamation proclaiming November 17 through November 23, 1972, to be FARM-CITY WEEK and requested all citizens to participate in the local activities attendant to a successful Farm-City Week. 4.e. Mayor Scheifley read the following ELECTION PROCLAMATION: WHEREAS, the Charter of the City of Delray Beach, Florida, provides for the calling of a Primary Election for the purpose of nominating four Council Member Candidates for the next General Election, and WHEREAS, in pursuance of said Charter provisions, it is provided that a Primary Election shall be held two weeks prior to the first Tuesday in December. NOW, THEREFORE, I, JAMES H. SCHEIFLEY, Mayor of the City of Delray Beach, Florida, do hereby call for such Primary Election to be held on Tuesday, November 21, 1972, between the hours of 7:00 A.M. and 7:00 P.M., the Precincts and Polling Places in the City of DelraY Beach, Florida, being as follows: Precinct No. Polling Place 166 & 170 St. Vincent Ferrer's Church, 740 Palm Trail. 172 Spady School Cafeteria, 300 N.W. 8th Avenue 173 Carver Jr. High School, 301 S.W. 14th Avenue 171 & 175 Community Center Building, 50 N.W. 1st Avenue 190 Beach Fire Station, 23 Andrews Avenue 20S Ail qualified electors of the City of Delray Beach, Florida, shall be qualified to vote in such election. Dated at Delray Beach, Florida on this 6th day of November, 1972. Mayor Scheifley said this is quite a departure from previous Municipal Elections as this is the first Municipal Election held since the City adopted the permanent single voter registration system. Instead of only one polling place at the Community Center, 50 N. W. !st Avenue, as has been the custom for many years, the qualified electors of the City will cast their votes in the seven different precincts as listed in the foregoing ELECTION PROCLAMATION. 4. f. Mrs. Clarence Plume of the League of Women Voters of South Palm Beach County announced that a candidates' meeting for Delray Beach City Council would be held in the Council Chambers at the City Hall, Wednesday, November 15, 1972~ at 8:00 P.M. She urged all people to come to this candidates' meeting to hear the views on different issues and get acquainted with the candidates. Mrs. Plume also mentioned that instead of only one polling place for the municipal elections, as had been the procedure for many years, all qualified electors will vote in the same precinct where they voted in the recent Presidential election. 6.a. ~e City Manager.reported that in compliance with Section 12-5 of the City's Code of Ordinances, Council should determine the qualifications of the following candidates who have filed for the office of Councilman for a two-year term commencing on the first Monday in January, 1973. Prior to acceptance of the candidates' qualifications, Council should solicit the advice of the City Attorney in order to determine that all legal requirements have been met. SAMUEL H. ALLEN, JR. MARK S. BALDWIN JACK L. SAUNDERS SEMMIE Z. TAYLOR LEON M. WEEKES Due to the Candidates' qualifications meeting the approval of the City Attorney, Mr. Youngblood moved for the acceptance of said candidates, the motion being seconded by Mrs. Martin and unanimously carried. ~.b~ City Manager Mariott reported that in compliance with requirements set forth in Chapter 12 of the City's Code of Ordinances, Council should appoint Clerks and Inspectors to conduct the Primary Election.which will be held on Tuesday, November 21, 1972, and the General Election which will be held on Tuesday, December 5, 1972. He recommended that authorization be given for the selection of 7 Clerks and 21 Inspectors from the following list of 32 possible appointees to serve at the named Elections: - 2 - 11-13-'72 JOHN D. BASLEY ALFRED W~ RISKER LENS B. BRI~INER GLADYS RISKER LORETTA, COSTELLO MONA ROTH VIRGINIA DAVLIN L!NA SCHROEDEL NLARTHA DeCLERCQ ANNE ROSE SLOAN SARA DeNEEN WILLIAM A. STUIBER, JR. D. J. EDMONDS BILLY JO SWILLY HELEN ELLIOTT LYNDA TIERNAN ANDREW GENT ANNETTE TYSON PERRY M. GISH MARY B. WALKER TILELMA GOODWIN BEATRICE WEST CHARLOTTE KIEL ELSIE WHARTON LYDA MERRILL DOROTHY WILLIAMS TILLIE NELSON CHESTER L. WRIGHT KATHERIN~E RAWLS PEARL WRIGHT NEAL RAWLS L.L. YOUNGBLOOD Mrs. Martin moved that seven Clerks and twenty-one Inspectors be selected, by the City Clerk, from the list of possible appointees in compliance with Chapter ].2 of the City's Code of Ordinances. ,Motion seconded by Mr. Weekes and unani- mously carried. 6.c. The City Manager reported that in compliance with Section 12-7 of the City's Code of Ordinances, Council should canvass the returns of the Primary Election at a meeting to be held not later than three days after said election. On motion by Mr. Sa~nders and seconded by Mr. Youngblood, a special meeting was scheduled to be held at 12:15 P.M., Wednesday, November 22, 1972, for the purpose of canvassing the returns of the November 21 Primary Election. 6.d. The City Manager recommended that Council authorize the relinquishment of an easement and the acceptance of an alternate easement for utility purposes in Plumosa Park Sub- division as reflected on a drawing from the City Engineer's office, dated October 4, 1972. This is in connection with relocation of water distribution pipe lines. The City will relinquish an easement over the South six feet of Lot 106, less the East ten feet, Plumosa Park, Sec. "A" and receive an Easement Deed over the South six feet of the North 26 feet of Lot 107, Plumosa Park, Sec. "A", and within an existing Florida Power and Light Company easement along the easterly 10 feet of the North 26 feet of Lot 107 and the South 6 feet of Lot 106, Plumosa Park, Sec. "A". Mrs. Martin moved to accept the relinquishment of an easement and the acceptance of an alternate easement for utility purposes covering portions of Lots 106 and 107, Plumosa Park, Sec. "A". Motion seconded by Mr. Youngblood and unanimously carried. .6.e. City Manager Mariott reported that a public auction was recently held for sale of merchandise considered to be surplus to the City's needs. The merchandise and the high amounts bid are as follows: 210 · , Amount Bid 7 - boys' bicycles- from 50¢ to $5.50, total of $ 18.50 5 - girlsi bicycles - from 50¢ to 3.75, total of 7.75 i - mode]. 70 Honda Motorcycle 28.00 1 - 1966 Buick Station Wagon 4.00 1 - 1967 Woodson Boat - 17'6" length, 7'3" beam, with 100 HP Evinrude motor and 1967 Seminole heavy duty trailer 850.00 The City Manager recommended acceptance of the bids as listed. Mr. Weekes moved to authorize the City Manager to accept the bids as listed, seconded by Mr. Saunders and unanimously - carried. 6.f. The City Manager recommended that Council authorize the execution of a contract with Russell & Axon, Consulting Engineers, for engineering services for the preparation of application forms and related work in the City's application for federal grant funds on the order of $3,000.000 in connection with the City's upcoming $8½ million water and sewer improvement program. It is estimated that the work to be done under this contract will cost approximately $15,000. This authorization~request is explained in detail in a letter to the City Manager from Russell & Axon, dated October 17, 1972. Mr. Saunders moved for authorization of the execution of the Contract with Russell & Axon for engineering services, the motion being seconded by Mr. Youngblood and unanimously carried. 6.q. City Manager Mariott reported that the City has been contacted by the State Director of the Selective Service System with the information that the office now maintained in Delray Beach for the registration of young men when they become 18 years of age will soon be discontinued, and unless other Provision is made these individuals would have to make a trip to West Palm Beach for that purpose. The City has been requested by the State Director to provide for that service in the office of the City Clerk as reflected in a letter from Col. George E. Haynes, · , dated October 17, 1972. He said that an attempt is being made to Set up two or three other registration points in Delray Beach. The City Manager recommended that Council give authorization to the Administration to permit this service to be performed by the City Clerk's office. It was so moved by Mr. Weekes, seconded by Mrs. Martin and unanimously carried. 6.h. City Manager Mariott recommended, as was discussed at - a recent workshop meeting, that Council authorize the issuance of a building permit under Ordinance No. 16-72 for the construction of a building to be used as International House of Pancakes, on property in Section 9, Township 46 South, Range 43 East, lying between Dixie Highway and U. S. Highway 1, approximately 420 feet north of N. E. 8th Street. Mrs. Martin moved that a building permit be issued to the International House of Pancakes, the applicant being Mr. Eugene D. Pflug, under Ordinance No. 16-72. The motion was seconded by Mr. Saunders and carried unanimously. 7.a. Mayor Scheifley acknowledged receipt of the minutes ef the Beautification Committee meeting held on October 4, 1972. - 4 - 11-13-72 7.b. The City Manager reported that a communication had been received from the Daughters of Zion Seventh-Day Adventist Church requesting permission to solicit funds in Delray Beach between Noven~ber 18, 1972 and December 2, 1972~ approval of which is recommended, by the Solicitations Committee. Approval for solicita- tion of funds by the Daughters of Zion Seventh-Day Adventist Church was unanimously granted on motion by Mr. Saunders and seconded by Mr. Youngblood. 7.c. The City Manager reported that a communication had been received from the Boynton/Delray Seventh-Day Adventist Church requesting permission to solicit funds between December 8 and 23, 1972. Approval has been recommended by the Solicitations Committee. Approval for solicitation of funds by the Boynton/Delray Seventh-Day Adventist Church was unanimously granted on motion by Mr. Weekes and seconded by Mr. Saunders. 8.a. City Manager Mariott presented RESOLUTION NO. 51-72. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL SANITARY SEWERS INSTALLED IN ~{E SUBDIVISION OF ROSEMONT VILLAS L~NITS "A" AND "B" AS OPERATTONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AmD OTHER CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID SANITARY SEWERS. (Copy of Resolution No. 51-72 is attached to the official copy of these minutes.) See: Page 216-A Resolution No. 51-72 was unanimously passed on motion by Mrs. Martin and seconded by Mr. Saunders. 8.b. The City Manager presented ORDINANCE NO. 35-72. AN ORDINANCE OF TPIE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LANDS LYING IN SECTION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, 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. The City Manager said that if this Ordinance is adopted, it annexes a tract of land consisting of approximately 210 acres on the north side of Lake Ida Road west of Congress Avenue subject to P~-2 zoning with the exception of a 125-foot strip~east of and adjacent to the east side of Davis Road which would be annexed subject to R-1AAA zoning. A public hearing was held on this ordinance at the October 24th Council meeting with passage consideration on the second reading being deferred until the. next Council meeting, pending the filing of a document with the City satisfactory to the City Attorney with regard to the applicant guarantying that a strip of land 175 feet in width in an east-west direction adjacent to the 125-foot strip along Davis Road be set aside for landscaping only. City Attorney Fellows reported that the Declaration of Restrictions from Mr. Melvin I. Muroff concerning this 175-foot strip of land for landscaping purposes had been filed with him. Mr. Fellows said that this document had been reviewed by Attorney John H. Adams, an interested area property ow~]er, and that Mr. Adams is in agreement with this Declaration of Restrictions. - 5 - 11-13-72 2 12 City Manager Mariott asked what the o%~,.er would basically be permitted to do with the 175-strip of land as set forth in this Declaration. The city Attorney read the following excerpt from the Declaration of Restriction: "NOW, THEREFORE, in consideration of the benefits to be derived and other good and valuable considerations heretofore received, Declarer for himself, heirs, personal representatives, successors and assigns, hereby declares that the following described property be restricted in that no building improvements shall be erected within the confines thereof and though the same shall remain under private ownershi~ the same shall be beautified, landscaped and maintained by the owner for those purposes commonly considered open area unimproved park purposes, but to include a limited automobile parking facility. ,' Mr. Jerry Kern, 3911 Lone Pine Road, a resident of that area, also representing other residents of that area, objected to the inclusion of a limited automobile parking facility within this 175-foot strip of land. Following lengthy discussion, Mr. Muroff agreed to the deletion of the phrase "but to include a limited automobile parking facility." from the Declaration of Restrictions. (Copy of the Declaration of Restriction is attached to the official copy of these minutes.) See: Pages 216 B-C Mr. Saunders said that since the Declaration of Restriction has been received by the City and is now agreeable with the deletion concerning parking, he would move for the passage of Ordinance No. 35-72 on second and final reading. The motion was seconded by Mr. Youngblood and carried unanimously. See: Page 206 L-M for copy of ORD. No. 35-72. 8.c. The City Manager presented ORDINANCE NO. 36-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, NAMELY LOT 52, DELRAY BEACH SHORES, WHICH · . LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES 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. 36-72 is attached to the official copy of these minutes.) See: Page 216-D 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. 36-72, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Youngblood and seconded by Mr. Weekes. 8.d. City Manager Mariott presented ORDINANCE NO. 37-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, A~NEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, NAMELY LOT 13, LAKE SHORE ESTATES, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUAiDARIE-S OF SAID CITY TO INCL,/DE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING T~.iEREOF. - 6 - 11--13-72 213 (Copy of Ordinance No. 37-72 is attached to the official copy of these minutes.) See: Page 216-E A public hearing was held, having been legally advertised in compliance with the laws of the St~.te of Florida and~ the Charter of the City of Delray Beach, and there being no objections to Ordinance No. 37-72, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mrs. Martin, seconded by Mr. Saunders. 8.e. The City Manager presented ORDINANCE NO. 38-72. AN ORDINANCE OF TH~ CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, NAMELY LOT 15, SECOND ADDITION TO HIGH ACRES, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES 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. 38-72 is attached to the official copy of these minutes.) See: Page 216-F A public hearing was held, havin~ 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. 38-72, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Saunders and seconded by Mr. Youngblood. 8.f. City Manager Mariott pres'ented ORDINANCE NO. 39-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, NAMELY LOT 50, LAKE SHORE ESTATES, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; .. AND PROVIDING FOR THE ZONING THEREOF. Ordinance No. 39-72 was unanimously placed on first reading, on motion by Mr. Weekes and seconded by Mrs. Martin. 9.a. The City Manager reported that the Planning and Zoning Board at a meeting held on October 17, 1972, by unanimous vote, recommended that Council approve the site plan for construction of 636 dwelling units on a 31.7 acre tract of land, said land being located in Tropic Towers, Tracts 1 and 2, Lots M-4 through M-7, Tropic Isle Subdivision and in a portion of the NE¼ of Section · 32-46-43 and the NW¼ of Section 33-46-43 lying North of the C-15 Canal. This site plan was reviewed by Council at a recent work- shop meeting. The applicant for this site plan is C.I.D.C. LTD.IV. Mr. Weekes said there had been a question as to the improvement of the access to this development prior to the actual construction of the development, since at present there is a very narrow street leading into this area. A representative of the developer reported that at the inception of the development of the subject property they are prepared to make the necessary widening of the access roads. He further reported that with regard to the anticipated traffic flow, - 7 - 11-13-72 the petitioner, at his own cost, is prepared to landscape and widen that ~rt of the site access road from Tropic I~].~n Drive south to Spanish Circle to a 70-foot right-cf-way wiclth median divided boulevard. This sit~ plan was unanimously approve~ on motion by Mr. Weekes and seconded by Mr. Saunders. 9.b. City Manager Mariott reported that the Planning and Zoning Board at a meeting held on ©ctober 17th, by a vote of 5 to 0, with Mr. Pompey abstaining', recommended that Council approve the site plan for construction of 432 dwelling units on a. 58-acre tract of land located in the North half of Section 30-46-43, bound on the East by Congress Avenue, on the West by the E-4 Canal, on the South by Germantown Road, and on the North by Linton Boulevard, less a gas station corner at Congress and Linton. The applicant for this site plan is Yusem Properties, and the site plan was reviewed by Council at a recent workshop meeting. There was discussion concerning the foregoing phrase: "less a gas station corner at Congress and Linton." It was pointed out that said corner parcel of property referred to is not included in this site plan. Mrs. Martin moved for the approval cf the site plan of the Yusem Properties, less the ~as station corner, and'stated that in no way does this ~pproval give any permission whatsoever or even a thought to having a gas station at the corner of Congress Avenue and Linton Boulevard. The motion was seconded by Mr. Saunders and carried unanimously. 9.c. The City Manager reported that the Planning and Zoning Board at a meeting held on October 17th, by unanimous vote with the Chairman absenting himself from the meeting, recommended that the request for conditional use permit for construction of a church building on the West half of the East Quarter of the Northwest Quarter of Lot 1, Section 20-46-43, at 610 S. W. 4th Street, be denied. Mr. Mariott informed Council the reason the Planning and Zoning Board had recommended denial was because tandem parking was provided to meet the City's off-street parking requirements. Since that time the architect revised the off- street parking plans to eliminate the tandem parking but still provide the adequate number of parking spaces as required by City Ordinance. After the alteration in parking plans the application was reviewed by Council at a workshop meeting, at which time it was decided to place the item on the ~genda of this meeting. Mr. Saunders stated that since the parking planhad been revised he would move that the conditional use permit for a church at that location be granted. The motion was seconded by Mr. Youngblood and carried unanimously. 10.a. The following Bills for Approval were unanimously approved for payment on motion by Mr. Weekes and seconded by Mr. ¥oungblood. General Fund .......... $284,656~40 Cigarette Tax Fund ...... 4,057.72 Utility Tax Fund ........ 5,440.00 Refundable Deposits Fund .... 18,659.00 10.b.].. City Manager Mariott reported that th~ City h~s con- structed a temporary road across two parcels of land south from Linton Boulevard a short distance west of the Florida East Coast Railroad to the garbage and trash Transfer Plant site. 11-13-72 215 He said that Resolutions and Agreements h~.ve been prepared dealing v~ith the use of these two parcels of land ~nd explained the conditions of the agreements. The City Mariager presen~ted RESOLUTION NO. 52-72. A BP. SOLUTION OF T~ CITY COUNCIL OF 'I%IE CITY OF DELRAY BEACH, FLORIDA, PERTAINING TO .AN AGREEMENT FOR A TEMPORARY USE PERMIT FOR A ROkD OVER CERTAIN LANDS FOR ACCESS TO THE TRANSFER PI~ANT. (Copy of Resolution No. 52-72 and accompanying Agreement are attached to the official copy of these minutes.) See: Pages 216 G-I The people involved in this Resolution and Agreement as Trustee and owners are Robert M. Kinkead, Richard G. Manthey and Mary G. Manthey. Resolution No. 52-72 was unanimously passed and adopted on motion by Mr. Saunders and seconded by Mr. Youngblood. City Manager Mariott then presented RESOLUTION NO. 53-72. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PERTAINING TO AN AGREEMENT FOR A TEMPORARY USE PERblIT FOR A ROAD OVER CERTAIN LANDS FOR ACCESS TO THE TRANSFER PLANT. (Copy of Resolution No. 53--72 and accompanying Agreement are attached to the official copy of these.minutes.) See: Pages 216 J-L The individual involved in this Resolution and Agreement is Mr. Charles E. Schmidt. Resolution No. 53-72 was unanimously passed and adopted on motion by Mr. Youngblood and seconded by Mr. Weekes. 10.b.2. City Manager Mariott referred to a court suit in which the City had recently been involved with the Mebra Development Corporation concerning a site plan on property located in Section 28-46-43, lying between State Road A1A and the Atlantic Ocean. He reported that the City had authorized Attorney Robert Chapin, Legal Counsel for the City, to settle this suit based on terms that were agreeable to both the applicant and the City Council. The City Manager said that his office had received several inquiries recently as to whether this agreed-upon site plan would be on the agenda for Council consideration tonight. He reported that the site plan that had been brought in to the Planning and Zoning Office was insufficient in several respects. ThiS fact was made known to the Administration and to Mr. Chapin. Mr. Chapin advised that a report be made to Council regarding the status of this item, and that Council be advised that the Planning and Zoning Office had forwarded a letter to the Mebra DeveloPment Corporation telling them of the deficiencies in the present site plan. The City Manager said he would presume that these minor deficiencies would probably be taken care of in order that the site plan may possibly be considered by Council at its next meeting. 10.b.3. Mayor Scheifley, for the benefit of Councilmen Weekes and Saunders and City Attorney Fellows, reported that Mrs. Martin, Mr. ¥oungblood, Mr. Mariott, Mrs. Yates, himself and several other City officials, attended a trial in the Federal Court in West Palm Beach today from 8:30 A.M. until approximately 6:30 P.M. This suit had been filed against the City by United Farm Wo~ers of Florida Housing Project, Inc. ~ 1].-13-72 216 Mayor Scheifley said that both sides in the case were heard~ and the Judge had requested the filing of some briefs by November 20, 1972 by the various parties involved and had agreed to give a ruling before the plaintiffs must extend their option to buy the land. 10.b.4. Mr. Weekes reported that a meeting' had been arranged with the Palm Beach County Legislative Delegation to be held Wednesday, November 15, at 9:30 A.M. in the Council Chambers at the West Palm Beach City Hall. The purpose of this meeting is to discuss the sewer moratorium as it affects Delray Beach, West Palm Beach, Palm Beach, Lake Worth, Be].le Glade, Riviera Beach, and Palm Beach County. Those various bodies will have representatives there to discuss their situations, and Delray - Beach will be represented to discuss these matters with the Legislative Delegation prior to the time they go to Tallahassee for the Special Session. The meeting adjourned at 8:30 P.M. APPROVED:  Mayor - 10 - 11-13-72 216-A RESOLUTIO~I NO. 51-72~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACh{, FLOP, IDA, ACCEPTING ALL SANITARY SEWERS INSTALLED iN THE SUBDIVISION OF ROSEMONT VILLAS UNITS "A" AND "B" AS OPEP~ATIONAL AND SETTING THE INITIAL SC~E~ ~D~ OF PeATES, FEES AND OTHER CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNIS~ BY SAID SANITARY SEWERS. WHEREAS, the City Engineer has certified as operational all Sanitary Sewers and related facilities as shown on the Pre- ,, liminary Plat of Rosemont Villas Units "A" and "B" as presented bY the developer, and previously approved by the City of Delray Beach; and, WHEREAS, it is deemed to be in the best interest of the affected properties that the initial schedule of rates, fees and other charges to be imposed for the services and facilities furnished by the Sewer System, as set forth and contained in Resolution No. 1359 and in Article III, Sanitary Sewerage, Chapter 27 of the Code of Ordinances of the City shall become effective the first day of December, 1972. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF T~E CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 1. That all Sanitary Sewers and related facilities installed in the Subdivision of Rosemont Villas Units "A" and "B" are hereby accepted by the City as being operational and the initial schedule of rates, fees and other charges previously established, and applicable thereto, shall become effective December 1, 1972. 2. That nothing herein contained shall be construed .. as discharging the developer from the strict performance of his remaining contractual duties. That the developer and his bond remain responsible in all respects until released in accordnace with his agreements with the City. PASSED AND ADOPTED in regular session on this the 13th day of November, 1972. ~ ' y MAyoR .. ' ATTEST: City Clerk ~}/ 216-B DECLAIiATION OF RESTRI(, I[O. This Declaration is made to run to the benefit of property owners on both sides of Davis Road which abuts the subject property and the property owners abutting Lone Pine Road and is made and dated this the 25th day of October, A. D., 1972, by MELVIN I. MUROFF, individually and as Trustee, joined by his wife, GLORIA MUROFF, hereinafter referre_d as a "Declarer". WlTNESSETH: WHEREAS, Declarer represents that he is Trustee for the fee simple title holder of the hereinafter described property and WHEREAS, Declarer desires to restrict the use of a certain parcel of property hereinafter described for the benefit of the City of Delray Beach and property owners above described, and WHEREAS, Declarer has himself derived a substantial benefit from these restrictions. NOW, THEREFORE, in consideration of the benefits to be derived and other good and valuable considerations heretofore received, Declarer for himself, heirs, personal representatives, successors and assigns, hereby declares that the following described property be restricted in that no building improvements.shall be erected within the confines thereof and though the same shall remain under private ownership, the same shall be beautified, landscaped arid maintained by the owner for these purposes commonly considered open area unimproved park purposes. Said property being described as follows: The East 175 feet of the West 340 feet of the following described propertY: All that portion of the East Half of Section 7, Township 46 South, Range 43 East, lying West of the Westerly. right-of-way of Congress Avenue as laid out and now in use, and North of the Northerly right-of-way of Lake Ida Road, as shown on Flat of Delray Shores, Sheets and 2 recorded in Flat Book 24, pages 2:32 and 233, Public Records of Palm Beach County, Florida; tess the right- of-way of Lake Worth Drainage District Lateral Canal No. 30 .... ~'h;"l InStrument %~s ~qcP.~r~-cl 216-C The restriction herein contained shall run and bind the land and shall inure to the benefit of and be enforceable by the above referenced property owners and such governmental authority having jurisdiction over the use of the subject land. This restriction shall remain in perpetuity but may be changed by the affected property owners without me consent of the affected govern- mental authority. IN WITNESS WHEREOF the Declarer, joined by his wife, has set his h~i~ and seal this ~fi~th day of October, A. D. , 1972. (/ ~~_~~/~.~~'~I~SSES: . /~and as~'Trlg~ee_ ~-~'"'h /~ E AMelvin I' ~~ ~ually L) ' Glbria Mtlroff ....,/ STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) Before me, the undersigned authority, personally appeared :." MELVIN I~ MUROFF and GLORIA MUROFF, his wife, known to me, who after being by me duly sworn signed the above instrument, acknowledging sametobe freeact EFOR~n their and deed. SW~ORN TO AND SUBSCRIBED B said Co,~nd State this the 2ath day of October, A. D.~. Notary Public, Stat~,of Florida My Commission Expires: at Large' ~¥ C4)/A,~i~S.%;O,N EXPIRES ££t~. ~3, Declaration of Restriction 216-D ORDINANCE NO. 36-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRA¥ BEACH, FLORIDA, ANNEXING TO ~£~ CI~ OF DELRAY BEACH CEKTAIN .I~.NU3, NAZ.LELY L©T 52, DELRAY BEACH SHORES, WHICH IJ~nq3 IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIG:ATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. WHEREAS, J. HERBERT SHELLENBERGER and HILDA SHELLENBERGER, his wife, are the fee simple owners of the property, hereinafter described;and, WHEREAS, said J. HERBERT SHELLENBERGER and HILDA SHELLENBERGER, his wife, by their petition, have 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 of the City Charter of said City granted to it by the State of Florida: NOW,~ THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 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 tract of land located in Palm Beach County, Florida, which lies contiguous to said City, to-wit: Lot 52, of DELRAY BEACH SHORES, a subdivision in Palm Beach County, Florida, according to the Plat thereof as recorded in Plat Book 23, Page 167, of the 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 de- scribed tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. .. SECTION 3. That the tract of land hereinabove described is hereby, declared to be in Zoning District R-1AA, as defined by existing ordinances of the City of Delray Beach, Florida. SECTION 4. That the land hereinabove described shall immedi- ately, become subject to all of the fran'chises, privileges, immunities, debts, obligations, liabilities,, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected to and persons re- siding thereon shall be deemed citizens of the City of Delray Beach. - SECTION 5. That if any word, phrase, clause, sentence or part ¢ this ordinance shall be declared illegal by a Court of competent juris- diction, such record of illegality shall in no way affect the remaining portion. PASSED AND ADOPTED in regular session on the second and final reading on the 13th day of November , 1972. ~ ,-:"~ --4- //t M A Y O R ~/ // Second Reading November 13, 1972 · ORDINANCE NO. 37-'72. 216-E AN ORDINANCE OF THE CITY COUNCIL OF T}~E CITY OF DEL.~Y BEACH, FLORIDA, ANNEXING TO ~.~ CITY OF DELP~AY BEACH CERTAIN LA~D, N~ELY LOT 13, SHO~ ESTATES, %~{ICH ~ IS CONTICUOUS TO EXISTING M~ICIPAL LIMITS OF SAID CITY; REDEFINING T~ BO~ARIES OF SAID CI~ TO INCL~E SAID ~; PROVIDING FOR THE RIGHTS A~ OBLIGATIONS OF SAID ~; A~ PROV~ING FOR T~ ZONING T~REOF. WHEREAS, A~N G..D~BAR and PATRIC~ A. DUNBAR, his wife, are the fee simple o~ers of the property hereinafter described; and, ~EREAS, said A~N G. D~BAR and PATRIC~ A. DUNBAR, his wife, ~y their petition, have consented and given permission for the annexa- tion of said property by the City of Delray Beach; and, ~E~AS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 185.1 of the City Charter of said City granted to it by the State of Florida; NOW, ~EREFO~, BE IT O~AINED BY T~ CI~ CO~CIL OF T~ CI~ OF DEL~Y BEACH, FLORIDA, AS FOLLOWS: SECTION 1. ~at the City ~uncil of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described tract of land located in Palm Beach County, Florida, which lies contiguous to said City, to-wit: Lot 13, ~ SHORE ESTATES, a subdivision in Palm Beach County, Florida, according to the Plat thereof recorded in Plat Book 25, Page 26, Public Records of Palm Beach County, Florida. SECTION 2. ~at the boundaries of the City of Delray Beach, Florida, are hereby redefined so as.to include therein the above de- scribed tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. ~at the tract of land hereinabove described is hereby~declared to be in Zoning District R-i~, as defined by existing ordinances of the City of Delray Beach, Florida. SECTION 4. That the land herein~ove described shall immedi- ately become subject to all of the franchises, privileges, immunities, de~t~,~:.~bligations~ , liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected to and persons re- siding thereon shall be deemed citizens of the City of Delray Beach. SECTION 5. ~at if any word, phrase, clause, sentence or part of this Ordinance shall be declared illegal by a Court ~of competent juris- diction, such record of illegality shall in no way affect the remaining portion. PASSED A~ ~OPTED in regular session on the second and final reading on the 13th day of Nove~er , 1972. ATTEST:~ ~ .~, ~. ,~ "?Oi~ty Clerk First Reading Second Reading. November 13, 1972 216-F ORDINANCE NO. 38-'72. AN ORDINANCE OF T~iE CITY COUYICIL OF T~.E CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELP~¥ BEACH CERTAI~ LAND, NA~tELY LOT 15, SECOND ADDITION TO HIGH ACRES, WHICtt I~q) ~S CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIC-~TIONS OF SAiD LAND; AND PROVIDING FOR TH~ ZONING THEREOF. WHEREAS, WILLIAM G. JA~VLES and BOBBIE M. JAMES, his wife, are the fee simple owners of the property hereinafter described; and, WHEREAS, WILLIAM G. JAMES and BOBBIE M. JAMES, his wife, by their petition, have 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 authorize( to annex lands in accordance with Section 185.1 of the City Charter of said City granted to it by the State of Florida; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 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 tract of land .located in Palm Beach County, Florida, which lies contiguous to said City, to-wit: Lot 15, SECOND ADDITION to HIGH ACRES, per Plat Book 23, Page 37, 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 de- scribed tract of land and said land. is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. That the tract of land hereinabove described is hereby declared to be in Zoning District R-1AA, as defined by existing ordinances of the City of Delray Beach, Florida. SECTION 4. That the land hereinabove described shall immedi- ately 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 subjected to and persons re- siding thereon shall be deemed c'itizens of the City of Delray Beach. SECTION 5. That if any word, phrase, clause, sentence or part c this Ordinance shall be d~clared illegal by a Court of competent juris- diction, such record of illegality shall in no way affect the remaining portion. PASSED AND ADOPTED in regular session on the second and final reading on the 13th day of November . , 1972. /MAY"'":"o' ' ATTEST: First Second Reading Nove~be= ~3, ~972 . J I Ill ] I I I I [ II ' I I ' j 216-G P~E SCL!JTION NO. 52-72 A P.P, SOLINflON OF TI-[E CITY COUNCIL OF TL~E CITY OF DELi%.A¥ BEACH, FLORIDA, PERTAINii]i?G TO AN AGREEk~ENT FOR A ?EMPOP~:~RY USE PERi'..~!T FOR A ROAD O\~R CERrfAIN LANDS FOR ACCESS TO TILE TRANSFER PLANT. BTFEP~EAS, the City, as a result of the Florida East Coast Railway closing the round to the Transfer Plant, needs a temporary road to the Transfer Plant until a permanent road can be installed, and WHEREAS, Robert M. Kinkead, as Trustee for Richard G. Manthey, Robert M. Kinkead and Mary G. Manthey, has con- sented to the use of his land by the City for a temporary road at no cost to the City. NOW, THEREFORE, be it resolved by the City Council of the City of Delray Beach, as follows: That the City Manager and the City Clerk are auth- orized to enter into an agreement with with Robert M. Kinkead, as Trustee, for the use of his land as set forth in the attached agreement and be it further resolved that there be expressed to Mr. Robert M. Kinkead, as Trustee, the appreciation of the City Council for his cooperation in this matter. PASSED AND ADOPTED this 13th day of November, 1972. ATTE ST: 216-H ii \~rlEt',EA$, II. Oi~E].,1 M KINREAI), as Trustee for ]lichar'd G. ~{ Manthey, }lei}crt M. Kinkead and Mary O. Manthcy, is the owner of land { in Palm Beach Count},, Florida, more particu!acly described below, and thc ~' mu~cipal borporation of the state of Florida, C~Y OF DELRAY BLACIt, a needs a temporary road across said land; Wtt]CREAS, ROBERT M. I~INKIEAD, Trustee, and said city have agreed upon a temporary use permit for a road across said land of ROBERT M..KINKEAD, Trustee, in favor of said city; NOW, TttEREFORE, be it agreed between ROBERT M. KINKEAD, Trustee, and said city this 13th day of November, 1972: 1. ROBERT M. KINKEAD, Trustee, in consideration of the agreement hereinafter made by said city, gives to said city a tempoi~ary use permit for a road over the land of ROBERT M. KINKEAD, .Trustee in Palm Beach County, Florida, more particularly described as follows: The South 287 feet of the North 340 feet of Northeast Quarter, of Northeast Quarter, lying West of F.E.C.R.R R/W. LESS the West 475 feet, Section 29, Township 46 South, Range 43 East. 2. The temporary use permit for a road over said land of ROBERT M. KINKEAD, Trustee, is for the use and benefit of said city. 3. ROBERT M. KINKEAD, Trustee, carl terminate this Agreement by giving the city 30 days' notice. Such notice shall be in writing directed to the City Manager of the city. The 30 days shall commence upon receipt of said notice by the City Manager. 4. City agrees to indemnify, save and keep harmless ROBERT KINKEAD, Trustee, his agents, employees, successors and assigfls from liability, lien, judgment, cost, damage and expense of whatsoever ki~d and nature which may in any way be suffered by ROBERT M. KINKEAD, Trustee, or his ag'ents, employees, successors or assigns by reason of, or in consequence of tt~e (~l)er'~on of said temporary usc p,~,'mit for a road by u,~ an,, of this tc~nporary usc permit for a road by 216-I ~; T!'d,? ;'~,'recment shall 5nur'e to ~ " . .... ,~, ~nd bind the IN WITNESSWIIi~R!~OF, the parties set their hands and seal. CHoY OF DELl{AY BEACH WIT NESSES: Robert Mo KinkeJd (~'~,~ /z~~ . As Trustee for aichar'd G. Manthey, ~ ..... ~obert M. Kinkead ahd Mary G. Manthey STATE OF FLORIDA ) COUNTY OF PALM BEACH ') Before me personally appeared J. ELDON ~iRI~T and HALLIE YATES, to me known, and known to me to be the individuals described in and who executed the foregoing instrument as City Manager and City Clerk of the above named CITY OF DELi%AY BEACH, a municipality, and severally acknowledged to and before me that they executed such instrument as such City Manager and City Clerk, respectively, of said municipality, and that the seal affixed to the foregoing instrument is ti~e municipal seal of said municipality and that it was affixed to said instrument by due and regular mu~cipal authority, and that. said inslrument is the free act and deed of said municipality. WITNESS my hand and official seal, this /~ day of November, 1972. ""~ '/ My commission expires: ............... STATE OF FLORIDA ) COUNTY OF PALM BEACH ) Before me personally appeared ROBE[iT M. KINKEAD, as Trustee for Richard G. Manthey, Robert M. Kinkead and Mary G, Manthey, to me well known and known to me to be ti~e person described in and who executed the foregoing instrument for the purposes therein expressed. WITNESS my hand and official seal, this -~D g~}' day of November, 1972. Notary ~-ui.~lic, S[~ttC 216-J RESOLUTION NO. 53-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PERTAINING TO AN AGREEMENT FOR A TEMPORARY USE PER, lIT FOR A ROAD OVER CERTAIN LANDS FOR ACCESS TO THE TRANSFER PLANT. WHEREAS, the City, as a result of the Florida East Coast Railway closing the road to the Transfer Plant, needs a temporary road to the Transfer Plant until a permanent road can be installed, and WHEREAS, Charles E. Schmidt has consented to the use of his land by the City for a temporary road, at no cost to the City. NOW, THEREFORE, be it resolved by the City Council of the City of Delray Beach, as follows: That the City Manager and the City Clerk are auth- orized to enter into an agreement with Charles E. Schmidt for the use of his land as set forth in the attached agreement and be it further resolved that there be expressed to Mr. Charles E. Schmidt, the appreciation of the City Council for his co- operation in this matter. PASSED AND ADOPTED this 13th day of. November, 1972o ATTE ST: City Clerk w \~.Ht:J~EAo, ItAI~i,]:,-> E. S_.iIXI1D~I i~ the owner of land in ]~alrn Beach County, -Florida, more particularly dcscribcd bc].ow, and the CITY DEL[fAY BEA. Clt, a municipal corporation of tl~e state of Florida, needs a temporary road across said land; WHEREAS, CHARbES E. SCHMIDT and said city have agreed upon a temporary use permit for a road across said land of CHARLES E. SCHMIDT -in favor of said city; NOW, THEREFORE, be it agreed between CHILES E. SCHMIDT and said city this 13th day of November, 1972: 1. C~RLES E. SCHMIDT, in consideration of the agreement hereinafter made by said city, gives to said city a temporary use permit for a road over the land of CH~LES E. SCHMIDT in Palm Beach County, Florida, more particularly described as follows: The South 355 feet of the Nor'th 695 feet, and the South 62 feet of lhe North 340 feet of the East 450 feet of the West 475 feet, of Northeast Quarter of the Northeast Quarter of Section 29, Township 46 South, Range 43 East; lying lVest of the Florida East-Coast R.R/R.W. 2. The temporary use permit for a road over said land of CHILES E. SCHMIDT is for the use and benefit of said city. 3. CHARLES ~. SCH~.%IDT can terminate this Agreement by giving the city 30 days' notice. Such notfce shallbe inwriting directed to the City Manager of the city. The 30 days shall commence upon receipt of said notice by the City Manager. 4. City agrees to indemnify, save and keep harmless CHARLES SCHMIDT, his agents, employees, successors and assigns from ail liability, lien, judgment, cost, damage and expense of whatsoever kind and nature which may in any waybe suffered by CHAIILES E. SCtIMIDT, or his agents, employees, successors or assigns by reason of, or in consequemte of the operation of said temporary use permit for a t*oad by City or for, or on the p:c:'mt or' lhis lc, mpo;':~rv u~:e pt,r'mit for a c~)iul by City. 5. T]ti::; agrt, oln~.nt shall inur(: lo and l~ir..t 216-L admi:fistrato~s, successors ap.d assS~ns of the i~r~r't[es. CITY OF I)I']LII. AY' BEACtt Att est: BM City Clerk City Manager WIT NESSES: Charles E. Schmidt STATE OP FLORIDA ) COUNTY OF PALM BEACH ) Before me personally.appeared J. ELDON MARIOTT and HALLIE YATES, to me knov:n, and known to me to be the individuals described in and who executed the foregoin~ instrument as City Manager and City Clerk of the above named CITY OF DELRAY BEACH, a municipality, and severally acknowledged to and before me that they executed such instrument as such City Manager and City Clerk, respectively, of said municipality, and that the seal affixed to the foregoing instrument is the municipal seal of said municipality and that it was affixed to said instrument by due and regular municipal authority, and that said instrument is the free act and deed of said municipality. WITNESS my hand and official seal, this day of November, 1972. Notary Public, State of Florida i%/[7 commission expires: r STATE OF FLORIDA ) COUNTY OF PALM BEACH ) ~ oCIIMIDq, well Before me personally appeared CHARLES E, to me known and kno,.vn to me to be the person described in and who executed the - foregoing instrument for the purposes therein expressed. WITNESS my hand and official seal, this day of November, 1972. Notary Public, State of Florida My corn mis sion expires: Ill III I II I II I I I