11-27-72 NOVEMBER 27~ 1972
A regular meeting of the City Council of ~
t~e City of Delray
Beach, Florida, was held in the Council Chambers at 7:30 P.M. on
Monday, November 27, 1972, with Mayor James H. Scheifley presiding,
City Manager J. ~ldon Mariott, City Attorney G. Robert Fellows,
and Council members Grace S. (Martin) Krivos, J. L. Saunders,
Leon M. Weekes and O. F. Youngblood present.
The opening prayer was delivered by Dr. Warren J. Nubern
of the Lakeview Baptist Church of Delray Beach.
The Pledge of Allegiance to the Flag of the United States
of America was given.
3. The minutes of the regular Council meeting of November 13,
1972, and the special Council meeting of November 22, 1972, were
unanimously approved on motion by Mrs. Krivos and seconded by
Mr. Saunders.
4.a. Mr. Weekes mentioned that County Sanitation is again col-
lecting garbage in the residential areas earlier than permitted
by ordinance. He said it is his understanding that they are to
start at 8:00 A.M. but are starting at 7:00 A.M. now. He asked
that the City Manager look into this.
4.b. Mayor Scheifley referred to complaints he had received
concerning surfing at the beach and said he had been informed
that elderly people are having trouble keeping out of the way of
the surfers. He recalled that an area had been established at
one time for the surfers and asked if such an area could be
reestablished and enforced for safety reasons. The Mayor asked
that the City Manager make a recommendation concerning same at
the next workshop meeting. The City Manager said he would look
into the matter.
4.c. Mayor Scheifley Welcomed Councilwoman Grace S. Krivos, the
former Mrs. Grace S. Martin, back from her honeymoon.
4.d. Mayor Scheifley read an ELECTION PROCLAMATION providing for
a General Election for the purpose of electing two City Council-
men, such General Election to be held on Tuesday, December 5, 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. Pollinq 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.
6.a. The City Manager said that the second Council Meeting in
December falls on Christmas day and suggested that the date of
that regular meeting be changed to Tuesday, December 26. It was
so moved by Mr. Youngblood, seconded by Mrs. Krivos, and
unanimously carried.
6.b. A special Council meeting for the purpose of canvassing' the
returns of the December 3 General Election was unanimously
scheduled for Wednesday, December 6, ].972 at 12:15 P.M. , on
motion by Mr. Youngblood and seconded by Mrs'. Krivos.
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6.c. The City Manager reported that the following bids were
received for sel!ingthe City three refuse collection chassis and
three Demoster Dumpste~ pack, er bodies inst~l].ed, all in accord-
ance with City specifications at a net price, less trade in, in
the amount quoted.
Bidder Bid
Rich MotorS $59,527.70
West Palm Beach
Glades Equipment Company 60,427.70
Belle Glade
Minton Equipment Company 60,552.70 _
Ft. Pierce
It is recommended that the purchase award be made to the low -
bidder, Rich Motors in the amount of $59,527.70, which is
$3,897.30 less than $63,425.00 provided in the budget for this
purpose.
It was so moved by Mr. Saunders, seconded by Mr. Weekes and
unanimously carried.·
6.d. The City Manager reported that the terms of Armand B. Mouw
as a regular member and Owen M. Somerford as an alternate member
of the Contractors' Board of Examiners expired on October 9. Both
are willing to accept reappointment if Council so decides. The
term of appointment is for three years and will expire on October 9,
1975. Mr. Mouw as a regular member and Mr. Somerford as an alter-
nate member of the Contr.gctors' Board of Examiners were unanimously
reappointed for three-year terms, on motion by Mr. Saunders,
seconded by Mr. Youngblood.
6.e. The City Manager reported that the terms of Robert J.
Holland and Nick J. Favitta as members of the Housing Board of
Adjustments & Appeals expired on October 12. Both are willing to
accept reappointment if this is the Council's wish. The term of
the appointment is for three years. Mr. Weekes asked if the
appointees to these committees have to be residents of the City.
Mr. Mariott said that in most cases either the residence or
principal place of business has to be in the City. During
discussion Mr. Weekes said that under Item 6.e. Mr. Holland and
Mr. Favitta·both live within the corporate limits of the City
and aren't affected by this. He asked that Mr. Fellows research
the matter of the appointments made under item 6.d. to determine
if they are proper. Mayor Scheifley asked that the City Attorney _
research this item and if the proper procedure has not been taken,
that Council be so informed. Mr. Weekes then moved that Robert J.
Holland and Nick J. Favitta be reappointed to the Housing Board
· of Adjustments and Appeals for three-year terms, to expire on
October 12, 1975. Motion was seconded by Mrs. Krivos and unani-
mously carried.
6.f. The city Manager said it is recommended that Council
authorize the transfer of $11,000 from the General Fund contingency
account to Insurance account 910-810-456 to pay the added cost
of the employees' Group Insurance coverage for the balance of
this fiscal year.
He referred to letter§ dated October 19, 1972 and November
2, 1972 from Occidental Life, the firm with which the City has
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this coverage, explainin9 the reasons for the rate increase, as
far as the portion paid by the City and the portion paid by the
employees when they have additional coverage for their families.
Mr. Youngblood moved for approval of transfer of $11,000
from the General Fund Contingency Account to Insurance Account
910-810-456 to cover i~e employees' Group Insurance as explained
by the City Manager. The motion was seconded by Mr. Saunders
and unanimously carried.
6.q. The City Manager s~id it is recommended by Russell & Axon,
Consulting Engineers, by letter of November 8, 1972 that Council
authorize a reduction from 10%, as called for in the specifica-
tions, to 5% in the amount of retainage held by the City to
assure full contract compliance with respect to the contract with
Intercounty Construction Corporation for construction of the City's
new water treatment plant.
The obligations of the contractor under this contract are
virtually fulfilled. Completion was estimated at 9~ on November
8. With the reduction of retainage %o 5% of the contract amount,
the total retainage would be $122,000, which is ample for the
City's Protection.
Mr. Saunders moved to authorize the retainage reduction
from 10% to 5% on this contract, the motion being seconded by
Mr. Youngblood and unanimously carried.
7.a. Mayor Scheifley acknowledged receipt of minutes of the
Beautification Committee for meeting held on November 1, 1972.
7.b. City Manager Mariott said that Mr. Ellis Chingos has
presented a petition to the City requesting annexation of lots
i, 3, 4, 5, 6, 7, 8 and 9 of Block 1 and lots 1, 2, 3, 4, 5, and
6 of Block 6, Silver Terrace Subdivision subject to the CC zoning
for the purpose of providing additional parking and access to a
shopping center site. He recommended that the request be re-
ferred to the Planning and Zoning Board for recommendation. It
was so moved by Mrs. Krivos, seconded by Mr. Saunders and
unanimously carried.
8.a. City Manager Mariott presented 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, ND~LY 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
LAS~; AND PROVIDI~G FOR THE ZONING THEREOF.
(Copy of Ordinance No. 39-72 is attached to the official copy of
these minutes.) See: Page 228-A
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. 39-72, said Ordinance was unanimously passed
and adopted on this second and final reading, on motion by
Mrs. Krivos and seconded by Mr. Weekes.
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222
8.b. The City Manager presented OriDINA.NCE NO. 4C-72.
AN OPJDINANCE OF Tt-IE CITY COUNCIL OF '~['!-~E CITY O~-?
DELRAY BEACH, FLORIDA, AMEA~DING Si{C2'ION 29-5 (E)
(1), CHAPTER 29 OF TI{E CITY'S CODE Of' O]ADINANCES
PERTAINING TO MINIMLq~ LOT AREA FOR I~[~-i5 ZONE.
The City Manager explained that this item had been dis-
cussed by Council at workshop and woul~ amend the City's zoning
ordinance with respect to minimum site area requirements and
density computation in the R~-15 zone.
Ordinance No. 40-72 was unanimously placed on first
reading, on motion by Mr. Saunders and seconded by Mr. Weekes.
Mr. Weekes reminded. Council that J.t had recently been dis-
cussed and agreed upon that the zoning ordinance should be
amended with respect to the CC Community Commercial District
relating to junior department stores and the limitation on the
square feet of floor area. Mayor Scheifley asked the City
Attorney to prepare an ordinance amending that condition for
consideration at the' next Council meeting.
8.c. City Manager Mariott presented oRDINANCE No. 41-72.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO Tt~E CITY OF
DELRAY BEACH CERTAIN LANDS LYING IN SECTION 8,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, WI{ICH LANDS
ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF
SAID CITY; REDEFINING THE BOU~DARIES OF SAID
CITY TO INCLUDE SAID LAIRDS; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PRO-
VIDING FOR THE ZONING THEREOF.
The City Manager informed Council that the applicant
requests annexation in an R-1AA zoning classification. This
property lies in an area that is the dividing line between the
R-iAA and R-1AAA districts as set forth in the new zoning map
and plan. He said that in order to not delsey the annexation
and also to safeguard the City with respect to zoning, he would
recommend that the ordinance be placed on first reading at this
time subject to R-1AA zoning and that it also be referred to the
Planning and Zoning Board for study and reccmmendation. Also,
that the City Attorney advises it would be--legal to change the
zoning classification to R-L~kA prior to passage on second and
final reading if the City wishes to do so ~nd if the applicant
is agreeable to the change.
Ordinance No. 41-72 was unanimously placed on first reading,
on-motion by Mr. Weekes and seconded by Mrs. Krivos.
9.a. Concerning the site plan of the Mebra Development Corpora-
tion property located in Section 28-46-43 at 2175 South Ocean
Boulevard, the City Manager reviewed the history of the item
stating that follo~,~'ing denial of the site plan by Council,
Mr. Fred Hollingsworth was retained by the Mebra Corporation
to represent their interests, and Mr. Robert Chapin was retained
by the City.
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After it appeared that this subject was to be litigated,
the two attorneys arrived at a negotiated agreement and Mr.
Chapin was authorized by Council at its regular meeting held on
October 24, 1972 to enter into the agreement as outlined to
Council at that meeting. Following that time, the Planning and
Zoning Board reviewed the proposition again, as suggested by
Mr. Chapin, and the Board and the Planning Director determined
that there were some inconsistencies that they still wished
resolved with respect to the site plan. The City Manager said
that conferences and much conversation had been held on the
subject, and he felt that the City and the applicant were very
close to an agreement today, with further conference to be had
by Mr. Chapin and Mr. Hollingsworth.
Mr. Chapin said he thought it would be quite simple for
members of Council to approve an amended site plan that was
presented by the Developer in March of this year, reducing
height of buildings and density, and which had been approved
by the Planning and Zoning Board. He said there was a question
of what site plan was being considered: one that was in the
possession of the City or the one in the possession, of the
Developer. The plan was critiqued by the new City Planner,
Mr. Katulla, and six matters were pointed out in terms of
discrepancies, with three of those being eliminated. He said
they finally reached an agreement this afternoon on a site
plan, Which he displayed to Council, showing 81 units at a
· density of 17.6 units per acre. Mr. Chapin stated that this
site plan complies with all requirements and recommendations
made by the Planning and Zoning Board and will comply with all
city ordinances, particularly with those ordinances pertaining
tO the fire prevention code, which .were the discrepancies noted
by Mr. Katu~a. He further stated that he and Mr. Hollingsworth
have agreed that this site plan will comply with all City
ordinances in that regard, and he feels there has been a fair
and just settlement of the discrepancies.
The City Manager~asked if Mr. Chapin and Mr. Hollingsworth
are in agreement.
Mr. Hollingsworth replied: "We are in agreement to this
extent. We had some confusion because apparently what the City
had in its files--and I don't know where the later version of
this site plan had gotten--was one of the initial presentations
which did not reflect the later changes urged by your people.
Wanting to deal in good faith, we held out to let you have what
you asked us to agree to. We are not 100%-~resolved on every
detail of this, but we are to this extent. On the three items
that are left open, Mr. Chapin and I are working on a time
schedule. We have agreed that on those items insofar as at
the time the site plan was submitted for approval you had
ordinances which required the things you asked for, we will of
course comply with the ordinances."
City Manager Mariott asked what the three items in
question were:
Mr. Chapin said that the items in question pertain to'
three items recommended by the Fire Marshal. He said the amended
plan (1) did not show the location of fire hydrants, siamese
and post indicator valves, (2) did not show the curved access
drive to have a width of 24 feet in order to accommodate fire-
fighting vehicles, and (3) there was a question as to whether
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224
a crushed shell drive has sufficiept capacity to s'u'~port fire-
fightinH vehicles. Mr. Chapin said these three items remain
unresolved. The resolution to date ~has been that if, under the
_~,.~ protection code,
city ordinance %~nich adopts the national ~ ~
these items are set forth, the Developer will agree at the time
of construction to comply with all such ordinances.
Mr. Hollingsworth said, to clarify the situation, that
their position essentially is that these three things are really
details of building technical code compliance rather than site
plan, which is zoning. He said that he and Mr. Chapin have agreed
that these things, being building details rather than zoning
matters, would be deferred to the appropriate time. If the code .
calls for them and it can be sho~ where the code calls for
them, they will be done; if the code does not call for them,
they won't be done.
Following a question by Mayor Scheifley, Mr. Chapin said
what Mr. Hollingsworth said is correct.
Mr. Weekes asked if Mr. Chapin recommended approval of
the site .plan that is before Council.
Mr. Chapin recommended approval of said plan which he
said is a slight variance of the one seen before in terms of
grouping of twenty town houses from the coastline. He said the
· grouping is a little more open in space and pointed it out to
Council on the site plan.' He said there will be 61 apartment
units in two towers which have been reduced from 81 apartments.
The 20 units remain the same, but the location is slightly
different and broken up in terms of. space.
There were questions and discussion concerning approval
by the Planning and Zoning Board and the Beautification Committee
but that approval had not been noted on the site plan before
Council.
City Manager Mariott pointed out that approval of the
agreement for granting this site plan is down to three points,
all having to do with fire protection, not only of the buildings
but the lives of people living in these buildings. These have
to do with fire protection appurtenances that will be located on
the property, the driveway width, and the bearing capacity
of the driveway. He said the chances are that it will be found
there are no City ordinances that specific~lly spell out in
detail the requirements on these three items. The City Manager
said he thinks this is a good site plan, that he would like to
see it approved, and believes it has been negotiated very well
by both attorneys involved. Since an agreement is so close,
a way should be found to approve it. Further, if the City is
going to have to spell out by ordinance everything that will
be required in a site plan, then the site plan approval pro-
cedure should be scrapped. In the past the recommendations
of the Fire Department and other city departments have been
given to the Planning and Zoning Board to take into considera-
tion in deciding upon site plan approval. In further comments,
the City Manager said that he questioned whether or not the
City should put itself in a position of bargaining away its
fire protection rig'hts for the buildings and the people who live
in the buildings since it seems that the developer could find
a way to do these three things in compliance with what the
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fire personnel thinks would be good, safe practice, and what
other ~evelopers have been required to do.
Mayor Scheifley asked Mr. Hollingsworth what has been
said that is unreasonable, and why should there be a deviation?
Mr. Hollingsworth said he presumed that one of the things
Mr. Chapin was considering when he recommended settlement of
this matter was the fact that courtshave not dealt kindly with
ordinances like the site plan approval ordinance. He said
he thinks the site plan ordinance is totally and completely
unconstitutional and should be scrapped and was in the process
of demonstrating that in the courtroom when the matter was
settled. In further comments, Mr. Hollingsworth said that
Mr. Chapin had been realistic in an effort to get this item
resolved and had agreed that the City could not require the
developer to meet requirements that were not ordinance require-
ments. He asked that Council either approve this plan or he
would take the position that there is no agreement and would
litigate the whole thing to determine whether the site plan
ordinance is legal.
Mayor Scheifley said that he understands Mr. Hollingsworth's
legal position and the legal technicalities, but if the Fire
DepDrtment in its best judgment feels that certain measures are
for the benefit and safety of the people, how can that be dis-
agreed with?
Mr. Hollingsworth said that he felt that things should
be spelled out and be a matter of uniform application to every-
body.
Mr. Chapin commented: "In all due deference to my
distinguished colleague, the issue before you, members of
COuncil, is simply this: The Agreement that Mr. Hollingsworth
and I have states, and I quote from Section 2 of it: 'The
plaintiff shall submit their amended site plan to the defendant
City Council within five days from the execution of this agree-
ment, and the defendants, the City Council, shall within 14
days from the execution of this agreement, approve such amended
site plan so long as it conforms with the provisions of paragraph
one hereinabove.' The issue was Clearly stated by the City
Manager, and that is: Were the recommendations by the Fire
Marshal part of the original plan? Mr. Braznell and Mr.
Hollingsworth say 'no', they were something put on afterwards.
There is a factual dispute as to that. In extensive negotia-
tions to resolving the six items, I felt it was with a fair
degree of confidence that we could rely clearly on the existing
ordinances, and there is no dispute as to that. Mr. Ho!lingsworth
has said that he would agree that his client would abide by the
ordinances. It is also going to become clear to us that the
fire protection code doesn't have every item of recommendation
down in black and white, which two of these are included. One
isn't covered by this statute. The one dealing with hydrants
is not, and the second one dealing with load level bearings is
not. That is the dispute: The Developer's unwillingness to'
follow the recommendations. That being the case, what legal
right does the City have to enforce these? I think, under the
agreement reached in this case, that we are relegated at this
point in time to rely on ordinances tt~t we have in existence
or else we are going to be involved in a gray area, and perhaps,
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as it has been threatened hera tonig'b.t, to be back in litigation.
I am not afraid of that. i take e×ception tc my colleague in
that regard. I felt, fx-om the best interasts of both the City
and the Developer, that this~settlement, red. ucing the density
on which there is no problem~ is the best ~esult for all. con-
cerned. Forget the th~ceats and forget the questions of contempt.
We are both work'ing at our best to resolve what has become
sticky."
Mr. Youngblood asked if it would endanger the lives of
the people living in these apartments if the recommendations of
the Fire Department were not carried out.
Mr. Charles Brazne!l of Mebra Development Corporation
informed Council that he has built many roads out of crushed
oyster shell, which is equal, if not superior, to crushed lime
rock. He said the Department of Transportation specifies that
it is an approved material, and that he had given Mr. Chapin
some specification sheets from the DOT spelling out how you
build a road from crushed oyster shell. Mr. Braznell said the
road they build will take the largest hook and ].adder truck the
City has, .but if it doesn't, he would make it wider.
Mr. Braznell questioned the need for post indicator
valves and said he did not think there were any apartment buildings
or condominiums in Dade or Palm Beach Counties that ~ave them.
He also questioned the need for two fire hydrants for the subject
property. He stated that 'the siamese connections are shown on
the mechanical drawings and not on the site plan and sees no
reason for requiring two of them out on the right-of-way.
There was discussion concerning the radius of a curved
driveway with parking spaces shown around the curve, and whether
or not the fire equipment would be able to get through that
drive.
Capt. Robert Slag~r, Fire Marshal, said that the City
has adopted the AIA which is the Fire Prevention Code, and in
doing this they adopted the National Fire Protection Association
pamphlet No. 14 which requires the siamese and also specifies
the post indicator valves. He also referred to Fire Prevention
Code Article 31,' and said that these requirements can be given
to Mr. Braznell in writing.
Mr. Siager said they are very much concerned about having
enough width to set up the'area platform equipment and do not
feel they could set that equipment up and work on a 14-foot drive-
way. That is the reason they asked for 24 feet to make it
practical to work that equipment.
Concerning fire hydrants, Mr. Slager said they had set~
up a distance of 500 feet on a plan that had been submitted to
them on March 10, 1972 for recommendations. He said they would
like to have at least one hydrant in the circle as the closest
one in the area is across the road in front of the Coastal
House.
Mr. Slager explained the reason for the siamese connections
along the property line in front to make it accessible to a
hydrant in case of failure of the power of the pumps. He said
with the post indicator valves they can control the supply of
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227
water to the buildings and that they l]ad been recommended and
installed in the area for buildings in De].ray Beach.
Mr. Kenneth Jacobson, Chairman of the Planning and Zoning
Board, was asked to comment. He said that at their last meeting
they did approve.the subject site plan in general. He said they
approve site plans with the idea that the Engineering Department
would take up the matter of the surfacing of roads, that the
Fire Department would be consulted and agreed with in some way,
and that they expected the ordinances to carry the balance of
the load.
Following a question by Mr. Saunders, Mr. Hollingsworth
gave the assurance they would comply with the Fire Prevention
Code adopted by the City.
Mr. Hollingsworth further stated in answer to a question
that his client had said they would build a road and if it
isn't wide enough for the fire equipment, it would be built
wider. He said he feels that is fair and practical because
it is a matter of self-interest to the Developer.
Mr. Hollingsworth also stated that the Developer would
provide one fire hydrant.
Mr. Chapin was asked if it is still his recommendation
that Council approve the site plan as presented, in view of all
the discussion that has taken place.
Mr. Chapin said he still recommends approval of the site
plan, and he feels confident enough that the statement on record
of the developer and his attorney that they will build the road
wide enough for use by the largest piece of equipment will
be sufficient. Also they have given their statement that they
will put in one fire hydrant. Mr. Chapin said that he is in
agreement with the Department of Transportation specifications
furnished him by the Developer.
Mr. Chapin recommended that the site plan being considered
tonight be properly identified so there will be no confusion or
difficulty in ascertaining the proper site plan. Mayor Scheifley
said that the site plan being considered tonight has the following
notation on it: "Amended per court agreement, 1972."
Mrs. Krivos asked Mr. Chapin if it had ever been determined
whether Mr. Hollingsworth had a conflict of interest when he took
this case against the City when he was being paid by the City
to represent them at that time. Mr. Hollingsworth said that
question had been raised at one time by one of Mrs. Krivos'
predecessors and he had stated at that time that he had under-
taken employment with this City in the first instance with a
clear understanding with the City Attorney that he could not
afford, for the fees that the City was paying, to forego other
employment against the City. He said that he did not consider
himself ever to have had a conflicting situation with this City
or any other client that he ever represented.
Mr. Cha. pin commented as follows: "I think the matter
can be for your deliberation in that a part of this settlement
includes a release by Mr. Braznell, by Mr. D. Richard Mead and
by Mebra Development Corporation, releasing any and all claims
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against the City of Delra.¥ Beach and the five ma~Ders of the
City Counc~'i-1. A]_tho~gh theT h~ve not been presented to me
tonight, I will accept Mr. ~{oliingsworth's word that he communi-
cated to me several 'weeks ago that he will deliver those to me
and they will be deposited as publJ, c record i.n the City Hall."
Mr. Weekes moved to approve the subject site plan, the
motion being seconded by Mr. Youngblood and unanimously carried.
9.b. The City Manager informed Council ti'at the Planning and
Zoning Board at a meeting held on November 14 recommended by
unanimous vote that the Final Plat of Wenton Village be approved.
He said that Council had approved the Preliminary Plat of Wenton
Village on December 27, 1971, and had approved the site plan
for its development on February 14, 1972.
Mayor Scheifley asked that the records show that Mr.
Weekes was absent from the Council Chambers during consideration
of this item.
Mr. Saunders moved that the Final Plat of Wenton Village
be approVed, the motion being seconded by Mr. Youngblood and
unanimously carried.
10.a. The following Bills for Approval were unanimously approved'
for payment on motion by Mr. Weekes and seconded by Mr. Youngblood.
General Fund ........ $167,432.36
Water and Sewer Fund .... 6,695.00
Cigarette Tax Fund .... 13,000.00
i0.b. A dedication ceremony for the new water plant was scheduled
to be held on Friday, December 1, 1972, at 12:15 P.M. Mayor
Scheifley asked that this be given as much publicity as possible.
The meeting adjourned at 9:10 P.M.
City Clerk
APPROVED ~ · .-
ORDINANCE NO. 39-72. 228-A
AN ORDINANCE OF THE CITY COUNCIL OF THE CI~~ OF
DELRAY BEACII, FLORIDA, ANNEXING TO THE CITY OF
DELRA¥ BEACt~ CERTAIN LAI~/), NAMELY LOT 50, I~I<E ~
SHORE ESTATES, WHICi[.LA~ IS CONTIG[3OUS TO EXISTING
MUNICIPAL LIMITS OF SA~ CITY; REDEFINING THE
BOU~ARIES OF SAID CITY TO INCL~E SAID ~L~;
PROVIDING FOR THE RIGHTS A~ OBLIGATIONS OF SA~
LA~; A~ PROV~ING FOR T~ ZONING THE~OF.
WHEREAS, ARTHUR L. T~SK, M.D., and LO A~ T~SK, his wife, are
the fee simple o~ers of the property hereinafter described; and,
~REAS, said AR~UR L. T~SK, M.D., and LO A~ T~SK, his wife,
by their petition, have consented and given permission for the annexa-
tion of said property by the City of Delray Beach; and,
~REAS, 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, T~REFORE, BE IT O~AI~D BY ~E CI~ CO~CIL OF ~ CI~
OF DEL~Y BEACH, FLOR~A, 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 50, ~KE SHO~ ESTATES, a subdivision in Palm
Beach County, Florida, according to the Plat thereof
recorded in Pla~ Book 25, ~age 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. That 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 hereinabove described shall immedi-
ately become subject to all of the franchises, privileges, i~unities,
debts, obligations, liabilities, ordinances and laws to which lands in
%he 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 of
this Ordinance shall ~e 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 27th day of November , LQ72.
ATTEST: ~ ; ~ Y . ~ ' '// M A ~ 0 ~ ~ ~/'
Cz~y/Clerk
First Reading November 13, [972
Second Reading November 27, 1972
228-B