01-25-71 J~NUARY 25, 1971.
A regular meeting of the City Council of the City of Detray Beach,
was held in the Council. Chambers at 7:30 P.M., with Mayor J. L.
Saunders in the Chair, City Manager J. Eldon Mariott, City Attorney G.
Robert Fellows and Council Members Grace S. Martin, James H. Scheifley,
Leon M. Weekes and O. F. Youngblood being present.
1. An opening Prayer was delivered by Father Timothy Hannon.
2. The Pledge of Allegiance to the Flag of the United States of
America was given.
3. The minutes of the regular meeting of January 11, 1971, were unan-
imously approved, on motion by Mrs. Martin and seconded by Mr.
Youngblood.
5. Mrs. Martin reported that she had received a call Saturday con-
cerning lack of garbage pick-up from a certain business area, and
after making several telephone calls in an attempt to get that gar-
bage pick-up taken care of, she finally contacted Floyd Brooks, an
employee in the Sanitation Department. She said she wanted to pub-
licly thank Mr. Brooks for taking care of that item.
The City Manager announced that a policy will be instituted where
it will only be necessary to call one telephone number for a needed
service' and it will be taken from there by City Personnel.
5. Mr. Scheifley reported that last July, the Palm Beach County Mu-
nicipal League appointed the Beach Erosion Committee, with City Man-
ager Mariott as Chairman, and this committee recommended to the League
that they make a recommendation to the County Commission that a Palm
Beach County Beach Control Board be set up. Further, with the League
and Mr. Mariott working on this for six months and with the outstand-
ing cooperation of Commiss.~.oners Lytle and Warren the County Commis-
sion, last week, unanimously voted to establish and appointed them-
selves as the Shore & Beach Preservation Board. He said that this is
the first time in the history of this problem that something has been
done to preserve our beaches.
Mayor Saunders commended Mr. Scheifley, President of the Palm
Beach County Municipal League, and City Manager Mariott, Chairman of
the~Beach Erosion Committee, for all their work in getting this first
step taken on said problem.
5. Mr. Weekes reported that he had received a couple of calls con-
cerning the opening of the Atlantic Avenue Intracoastal Waterway Bridge
and asked if someone could observe for a week, from 8:30 A.M. till
5:30 P.M., how many times the bridge is opened for boats and how much
traffic goes through it.
The City Manager reported that the City has been looking into
the possibility of obtaining scheduled openings and closings of this
bridge and the last word received a week ago, was that it would take
approximately a year from now before a definite answer could be ob-
tained. Further, there are several things that must be done in that
interim period in order to have the city's application for opening on
a scheduled basis considered3 one of which is the study of the opening
and closing of the bridge, and the number of cars that cross the bridge
after each closing, which study is under way at this time. He said
that after the results of the study have been obtained, he would re-
turn to Council for a determination as to whether or not the applica-
tion would be filed with the proper agencies.
6.a. Relative to the City's insurance coverage, the City Manager re-
ported that it was informally decided at the January 18th workshop
meeting to take bids from Delray Beach insurance agents, only, for
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insurance coverage corresponding to the present coverage and if a re-
view of the present specifications an~, coverage so indicates, to take
bids also on the revised specifications, following which a determina-
tion is to be made as to whether to award to the best bidder or to con-
tinue the City's insurance program, as it is now constituted. Further,
it would be preferable for Council to authorize the foregoing by mo-
tion, for clarification purposes to attempt to minimi.ze misunderstand-
ing because insurance is complicated enough at best, rather than the
administration proceeding with action without a motion.
It was so moved by Mr. Youngblood, the motion being seconded by
Mrs. Martin and unanimously carried.
6.b. Concerning the State of Florida Department of Transportation
construction of a beach revetment to protect Highway A1A, the City Man-
ager presented RESOLUTION NO. 6-71 and accompanying Construction Agree-
ment:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, GRANTING TO THE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
A TEMPORARY CONSTRUCTION EASEMENT AND PRIVI-
LEGE TO ENTER UPON CERTAIN LANDS IN SECTION
16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, FOR THE
PURPOSE OF CONSTRUCTING A REVETMENT, SAID TEM-
PORARY CONSTRUCTION EASEMENT TO EXPIRE TWELVE
MONTHS FROM DATE OF ISSUANCE.
(Copy of Resolution No. 6-71 and Construction Easement are attach-
ed to the official copy of these minutes.)
During discussion, Mrs. Martin questioned the word 'conveyance'
in the third paragraph of said Resolution, and following discussion,
said paragraph was amended to read as follows:
"WHEREAS, on behalf of the State of Florida, a request has
been made for a construction easement, such easement to
expire on January 25, 1971, of a portion of said lands of
this City;"
Resolution No. 6-71 was unanimously passed and adopted on first
and final reading, as amended, on motion by Mrs. Martin and seconded
by Mr. Weekes.
6.c. The City Manager said that during the making of the current City
Budget, it was decided to accept the proposals for providing ambulance
service for the City, which has not been done up to the present time
because of the suggestion having been made that the City consider at-
tempting to have a volunteer ambulance service established. Further,
that rather extensive consideration has been gi?en to this matter, in-
cluding contact with individuals who are presently connected with such
volunteer organizations in Palm Beach County and elsewhere. He recom-
mended that Council consider passing a motion directing the administra-
tion to prepare specifications and advertise for proposals for provid-
ing ambulance service as was discussed during the formulation of the
Budget.
Due to this giving the City more information and more alternatives
to choose from, Mr. Weekes moved to authorize the City Manager to pre-
pare the specifications and obtain bids for ambulance service for the
City of Delray Beach. The motion was seconded by Mr. Youngblood and
unanimously carried.
6.d. City Manager Mariott reported that the City Council recently au-
thorized an expenditure of $5,000 to provide for landscaping a portion.
of the northern section of the Municipal Beach and it has now been de-
termined that said cost will be $4,744.13,
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He said th.~t inasmuch as the repair work being done by Murphy Con-
struction Company at the northernmost end of the revetment has now
been comple, ted and all equipment removed, it is recommended that Coun--
cil authorize the administration to provide for landscaping the re-
mainder of the North Beach, with said work to cost approximately $3,500
and that funds to cover se~e are available in the Disaster Fund.
After general discussion, Mr. Scheifley moved that the Adminis-
tration be authorized to landscape the remainder of the Northern part
of the Beach at an estimated cost of $3,500, with the funds being taken
from the Disaster Fund. The motion was seconded by Mrs. Martin and
unanimously carried.
6.e. The City Manager reported that following consideration at the
January ~Sth workshop meeting of a request from the developer of
Windemere House, 250 South Ocean Boulevard, for an extension of per-
mission to use a trailer in connection with the project under way at
that location, it was informally agreed to pass a motion at tonight's
meeting to extend said permission to coincide with the expiration of
the building permit now in effect, which permit, in the absence of
further substantial construction, is due to expire on April 29, 1971.
M_rs. Martin moved that said request be denied, the motion being
seconded by Mr. Scheifley. Upon call of roll, Mrs. Martin and Mr.
Scheifley voted in favor of the motion and Mr. Weekes, Mr. Youngblood
and Mayor Saunders were opposed. The motion did not carry.
Mr. Weekes then moved that permission for use of the trailer be
extended to run concurrently with the building permit and if substan-
tial construction is not under way by April 29, at which time the
building permit will expire, permission for the trailer to be on the
premises will also expire, the motion being seconded by Mr. Youngblood.
Upon call of roll, Mr. Weekes, Mr. Youngblood and Mayor Saunders voted
in favor of the motion and Mrs. Martin and Mr. Scheifley were opposed.
7.a. Council was informed by the City Manager that a request has been
received from the.Seventh Day Adventist Church for permission to use
the Community Center gymn. asium for a basketball game starting at 7:30
P.M., on Saturday, January 30, 1971, and that the Director of Parks
and Recreation having advised that such usage of the Center's facil-
ities will not conflict with existing programming, it is recommended
that the request be granted.
Said request was unanimously granted, on motion by Mr. Youngblood
and seconded by Mr. Scheifley.
7.b. Council was informed that a request has been received from Hoyle
Cadillac, Inc., for annexation to the City, with C-2 Zoning (General
Commercial) of a tract of land described as follows:
Lots 21 to 26 inclusive, Block 1, and Lots 1 to 5, inclu-
sive, and Lots 28 to 44 inclusive, Block 17, Del-Raton
Park, according to the Plat thereof recorded in Plat Book
14, Pages 9 and 10, of the Public Records of Palm Beach
County, FlOrida;
and for the abandoment of the South half of Avenue "C", which separates
the above described tract from Tract B of GM'S ACRES (in City and also
owned by Hoyle Cadillac). The City Manager said it is recommended that
this request be referred to the Planning and Zoning Board for study and
recon~endation.
Said request was unanimously, referred to the Planning and Zoning
Board for study and recommendation, on motion by Mrs. Martin and sec-
onded by Mr. Youngblood.
7.c. City Manager Mariott informed Council that a request has been
received from the Delray Drug Abuse Foundation (Agape) for use of
the auditorium at the Com~nunity Center on Wednesday, February 17th,
from 7:00 to 9:30 P.M. for the purpose of conducting a seminar on
teen problems; further, the Parks and Recreation Director having
-3- 1-25-71
advised that such usage will not confl±ct with existing Center program-
ming, it is recoitu~ended that the request be granted.
Said r.equest was unanimously granted, on motion by blt. Youngblood
and seconded by Mrs. Martin.
7.d. Council was informed by the City Manager that a request has been
received from Mr. Charles A. Mullan of the Delray Waterway Partnership
for annexation, with RM-1A zoning, of a parcel of land located on South
Ocean Boulevard with approximately 300 feet of frontage on A1A, more
particularly described as follows:
The North 300 feet of the South 1600 feet; as measured at
right angles to the East-West quarter Section line, of the
North half (N~) of Section 28, Township 46 South, Range 43
East, Palm Beach County, Florida; lying East of the right-
of-way of the Intracoastal Waterway and West of the right-
of-way of Florida State Road A1A (State Road No. 140).
He recommended that this request be referred to the Planning and
Zoning Board for study and recon~Dendation.
Said request was unanimously referred to the Planning and Zoning
Board for study and recommendation, on motion by Mr. Youngblood and
seconded by Mr. Scheifley.
7.e. Council acknowledged receipt of the Beautification Committee meet-
ing minutes of January 13, 1971.
Mr. Scheifley asked if the City Manager could report to Council
concerning a request made by the Tropic Isle Civic Association and the
Tropic Harbor Association in regard to reducing the speed limit from
55 m.p.h, to 45 m.p.h, on South Federal Highway.
The City Manager reported that he had a personal conversaticn with
Mr. Arnold Ramos, District Engineer of the Department of Transportation
office in Ft. Lauderdale, at which time it had been requested that DOT
do two things. (1) That they reduce the speed limit to 45 m.p.h., as
desired by the Beautification Committee and others, from the Southern
City limits, northward to where the present 45-mile speed limit begins
and (2) to permit the installation of a flasher light at the entrance
into the Tropic Harbor Development. He said that as of today, he had
received no information from DOT concerning these requests.
8.a. City Manager Mariott presented RESOLUTION NO. 3-71, which was
unanimously passed and adopted on this first and final reading, on mo-
tion by Mr. Weekes and seconded by Mr. Youngblood.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, CHANGING
THE NAME OF THAT PORTION OF N. W. 2nd
AVENUE AND ITS EXTENSION TO THE WEST AS
SHOWN ON THE RECORDED PLAT OF LkKE EDEN
SUBDIVISION PLAT NO. 1, TO LAKE EDEN WAY.
(Copy of Resolution No. 3-71 is attached to the official copy of
these minutes.)
8.b. The City Manager presented RESOLUTION NO. 4-71.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE
CITY'S ADOPTION OF THE PE?d~NENT SINGLE VOTER
REGISTRATION SYSTEM, AS PROVIDED IN CHAPTER
98 OF THE 1969 FLORIDA STATU-~S.
(Copy of Resolution No. 4-71 is attached to the official copy of
these minutes.)
The City Attorney was asked to explain the Permanent Single Voter
Registration System.
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Following discussion, ~r. Youngb!ood moved to pass Resolution No.
4-71 on this first an'd final reading, the motion being seconded by Mr.'
Scheifley.. Upon call of roll, Mr. Scheifley, Mm-...Weekes, Mr. Youngb!ood
and Mayor Saunders voted in favor of the motion and Mrs. Martin was op-
posed.
8.c. City Manager Mariott presented RESOLUTION NO. 5-71, which was
unanimously passed and adopted on this first and final reading, on
motion by Mr. Youngblood and seconded by M_rs. Martin.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING EXECU-
TION OF AN AGREEMENT BETWEEN THE CITY OF
DELRAY BEACH AND THE DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT, FOR A GRANT UNDER SEC-
TION 702 OF THE HouSING AND URBAN DEVELOPMENT
ACT OF 1965, AS AMENDED, TO AID IN FINANCING
PROJECT NO. WS-Fla-199.
(Copy of Resolution No. 5-71 is attached to the official copy of
these minutes.) ;
8.d. The City Manager presented ORDINANCE NO. 10-70.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLAC-
ING CERTAIN LANDS IN THE SOUTH QUARTER OF SEC-
TION 24, TOWNSHIP 46 SOUTH, RANGE 42 EAST AND
IN THE NORTH QUARTER OF SECTION 25, TOWNSHIP
46 SOUTH, RANGE 42 EAST, IN "RM-1 MULTIPLE
FAMILY DWELLING DISTRICT", AND AMENDING "ZON-
ING MAP OF DELRAY BEACH, FLORIDA, 1969".
(Copy of Ordinance No. 10-70 is attached to the official copy of
these minutes.)
City Manager Mariott reviewed the history of said Ordinance as
follows:
"Ordinance No. 10-70 provides for rezoning to RM-1 approximately
100 acres of land lying south of Sherwood Park Subdivision. This
ordinance was placed on first reading on March 23, 1970, and follow-
ing consideration on second and final reading and a public hearing
on April 13, 1970, the ordinance was tabled until a recommendation on
the request was received from the City's Planning Consultants.
The Council again considered this ordinance on April 27, 1970,
following receipt of a letter from the Consultants recommending ap-
proval of the requested zoning. After lengthy discussion and com-
ments from the public, the ordinance was tabled for six months to
allow an in-depth study of the area by the Consultants.
The Planning and Zoning Board considered the recommendations of
the Planning Consultants, resulting from the in-depth study, at their
meeting of October 14th. Based on the Consultants' opinion that this
rezoning would not be detrimental to the community, the Board passed
a motion.by a 5 to 1 vote (Mr. Gent dissenting; one member being ab-
sent) recommending the immediate reconsideration of Mr. Walker's re-
quest by the City Council.
This matter was considered by Council at the regular meeting of
October 22nd and deferred for discussion at a workshop meeting. Said
workshop meeting having been held on January 18th, the request has
been-placed on the agenda at Council's request."
During discussion, Mr. John Walker, the petitioner; Col. Theodore
Poole, Chairman of the Planning and Zoning Board; as well as residents
of Sherwood Park and other interested citizens of Delray Beach, both
in favor of and opposed to said rezoning, were heard.
Mr. Youngblood moved to pass and adopt Ordinance No. 10-70, but
the motion died for a lack of a second.
Following further discussion, Mr. Youngblood said that due to the
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Planning Consultants and the Planning and Zoning Board approving said
request, he would re'ova. %o pass and adopt Or~dinance No. 10-70.. The mo-
tion was secended by Playor Saunders, whe relinquished %he gavel to
Vice-Mayor Martin. Upon call of roll, Mr. Scheifley, Mr. Weekes, Mr.
Youngblood and Mayor Saunders voted in favor of the motion and NLrs.
Martin was opposed.
8.e. The City Manager presented ORDINANCE NO. 1-71.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRA¥ BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH CERTAIN LAND LYING IN
SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
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 TI{E ZONING THEREOF.
SEA-AIRE VILLAS
1715 S. Ocean Boulevard
(Copy of Ordinance No. 1-71 is attached to the official copy of
these minutes.)
A Public Hearing having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of
Delray Beach was held, and there being no objection to Ordinance No.
1-71, said Ordinance was unanimously passed and adopted on this sec-
ond and final reading, on motion by Mr. Scheifley and seconded by Mrs.
Martin.
8.f. City Manager Mariott presented ORDINANCE NO. 2-71.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY
OF DELRAY BEACH A PORTION OF LAKE IDA ROAD.
(Copy of Ordinance No. 2-71 is attached to the official copy of
these minutes.)
A Public Hearing having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of
Delray Beach was held, and there being no objections to Ordinance No.
2-71, said Ordinance was unanimously passed and adopted on this sec-
ond and final reading, on motion by Mr. Youngblood and seconded by
Mr. Weekes.
8.g. The City Manager presented ORDINANCE NO. 3-71.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH CERTAIN LANDS LYING IN
SECTION 12, TOWNSHIP 46 SOUTH, RANGE 42 EAST,
WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNIC-
IPAL LIMITS OF SAID CITY; REDEFINING THE BOUND-
ARIES OF SAID CITY TO INCLUDE SAID LANDS; PRO-
VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LANDS; AND PROVIDING FOR THE ZONING THEREOF.
(Copy of Ordinance No. 3-71 is attached to the official copy of
these minutes.)
A Public Hearing having been legally advertised in compliance with
the laws of the State of Florida and the Charter of the City of Delray
Beach was held, and there being no objection to Ordinance No. 3-71, said
Ordinance was unanimously passed and adopted on this second and final
reading on motion by Mr. Weekes and seconded by Mrs. Martin.
Former Councilman John L. Pitts, III, voiced his approval of this
annexat ion.
-6- 1-25-71
9.a. Council was informed that an application has been received from
the American Cancer Society for permission to solicit funds within
the City during the period from February 18 through 28, 1971, and fol-
lowing review of said application, the Solicitations Committee recom-
mend approval of the request.
Said request for solicitation of funds was unanimously granted,
on motion by Mr. Youngblood and seconded by Mr. Scheifley.
10.a. Regarding the property at 250 South Ocean Boulevard, Mr. Ernest
F. Schier, 1017 Bay Street, requested that the City require the owner
of said property to clean it up by filling in the 35-foot open trench
at the west end of the property; removing the concrete debris; mowing
the grass; and if there is no permit presently to keep the two shacks
on said property, that they be removed.
Said request was referred to the City Manager and City Attorney.
10.a. Mr. J. W. Dunbar, Secretary of the Beach Property Owners Assn.,
asked that the item of "Recognition of Public Requests From the Floor"
be placed on the agenda before "Items Submitted Through the City Man-.
ager", and this would give the public an opportunity to voice their
opinion on certain items before action is taken by Council.
He voiced his objection to the extension of a permit for the
construction trailer to remain at 250 South Ocean Boulevard.
10.a. Regarding the use of slurry seal to repair the City streets,
Rev. Semmie Taylor said that in his opinion that kind of repair does
not last very long and the job is not neatly executed. He said he
wonders if it is feasible to use this type of coating, as it doesn't
hold up good, especially where there are holes in the streets.
The City Manager reported that some time ago, the City was notified
that asphalt would not be available for a period of time, at least a
year, and slurry seal has been substituted in many cases for what would
have otherwise been asphalt. He said that he would look into the
quality of the slurry seal jobs.
10.a. Mr. Jack Pitts, a former Councilman, reported that the Beauti-
fication Committee had informally discussed the parking of self-pro-
pelled trailers at the Beach. He said that Conunittee has not taken
any formal action but he thinks they might make a reoontmendation to
Council as it is felt that the beach is being used more each year and
there are more such trailers being used each year and something needs
to be done about them parking on the Beach.
10.a. Mr. Dan Wish of the Delray Beach Fire Fighter Local 82 said that
their Local feels that the ambulance service is a necessity that should
remain in the Fire Department, as the Fire Department will still take
care of all emergencies when they a~re called and the most important
thing is taking care of lives.
He also pointed out that the Budgetprovides for a new truck and
three addi~cional employees, bu~ it. is felt that six men are needed,
two for each of the three shifts.
Mayor Saunders said that is one of the many factors that will
have to be considered when the specifications are written for -ambu-
lance service; further, the final decision of whether or not the Fire
Department will answer calls for emergencies will rest with the Ad-
ministration and the City Council.
10.b. The City Manager info~.~med Council that a request has been re-
ceived from the Schol~rship Concert C~noir for use of the Community
Center's auditori~ on February 21, 1971, between the hours of 3:00
P.M. to 5:00 P.M. for the purpose of holding a musical concert and
since the use will not interfere with the other uses of the Center's
facilities, it is r'ecom~ende~ that sa~ request be granted.
Said request was unanimously granted, on motion by ~r. Scheifley
and seconded by ~u. ¥oun~blcod.
-7- 1-25-71
10.b. Mayor Saunders read a letter from a third grader in Barre,
Massachusetts that he had received requesting various information about
Florida and living conditions here.
10.c. The following Bills for Approval were unanimously approved for
payment, on motion by Mr. Weekes and seconded by Mr. Youngblood.
General Fund $712,591.00
Water Operating & Maintenance Fund 43,872.57
Water Revenue Fund 122,301.61
Special Assessment Fund 14,292.50
Refundable Deposits Fund 1,179.52
X. Mayor Saunders announced that the Area Planning Board wll hold a
meeting in the Council Chambers, Monday, February 1, 1971, at 7:30
P.M. and the public is invited.
He also announced that a workshop meeting is scheduled for 6:30
P.M. that evening with Gulfstream in regard to sewer plans.
The meeting adjourned at 10:00 P.M.
PIALLIE E. YATES
City Clerk
AP PROVED:
MAYOR
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22-A
RESOLUTION NO. 3-71.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, CHANGING
THE NAME OF THAT PORTION OF N. W. 2nd
AVENUE AND ITS EXTENSION TO THE WEST AS
SHOWN ON THE RECORDED PLAT OF LAKE EDEN
SUBDIVISION PLAT NO. 1, TO LAKE EDEN WAY.
WHEREAS, the property owners residing on a public right-
of-way which is a continuation to the West of N. W. 2nd Ave-
nue to a dead end, as shown on the Recorded Plat of Lake Eden
Subdivision Plat No. 1, have requested that said public street
be named LAKE EDEN WAY, and
WHEREAS, Council deems it to be 'in the best interest of
the residents and visitors of Delray Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA:
That that portion of N. W. 2nd Avenue, North of N. W. 22nd
Street, and its extension to the West to a dead end as shown on
the LAKE EDEN SUBDIVISION PLAT NO. 1, per Plat Book 28, Page
216, Public Records of Palm Beach County, Florida, be and the
same is hereby changed to LAKE EDEN WAY.
PASSED AND ADOPTED on this the 25th day of January, 1971.
/S/ J. L. Saunders
M A Y 0 R
ATTEST:
Hallie E. Yates
City Clerk
'gl g
22-B
RESOLUTION NO. 4-71.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE
CITY'S ADOPTION OF THE PERMANENT SINGLE VOTER
REGISTRATION SYSTEM, AS PROVIDED IN CHAPTER
98 OF THE 1969 FLORIDA STATUTES.
WHEREAS, the City Council has deemed it to be in the best
interest of the City of Delray Beach to adopt the Permanent Sin-
gle Voter Registration System as provided in the Florida S[tatute~.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA:
SECTION 1. That the City of Delray Beach, Florida, here-
by adopts the Permanent Single Voter Registration System as pro-
vided in Chapter 98 of the 1969 Florida Statutes.
SECTION 2. That the City of Delray Beach, Florida, here-
by requests the County Commissioners of Palm Beach County, Florida,
and the Supervisor of Elections of Palm Beach County, Florida, to
arrange the boundaries of the precincts presently used in Delray
Beach to conform with the City boundaries.
SECTION 3. That the City Clerk is hereby directed to noti-
fy the County Commissioner and Supervisor of Elections of Palm
Beach County of this action by delivery of a copy of this Resolu-
tion.
PASSED AND ADOPTED on this the 25th day of January, 1971.
/S/ ~. ~.. Saunders
MAYOR
ATTEST:
/S/ Hallie E. Yates
City Clerk
22-C
RESOLUTION NO. 5-71.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING EXECU-
TION OF AN AGREEMENT BETWEEN THE CITY OF
DELRAY BEACH AND THE DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT, FOR A GRANT UNDER SEC-
TION 702 OF THE HOUSING AND URBAN DEVELOPMENT
ACT OF 1965, AS AMENDED, TO AID IN FINANCING
PROJECT NO. WS-Fla-199.
WHEREAS, THE CITY OF DELRAY BEACH, FLORIDA, a municipal cor-
poration, (the "Applicant") has heretofore submitted an applica-
tion to the United. States of America, Department of Housing and
Urban Development (the "Government") for a grant under Section
702 of the Housing and Urban Development Act of 1965, as amended,
to aid in financing a certain public works identified as Project
No. WS-Fla-199; and
WHEREAS, the Government has approved the said application
and has submitted to the Applicant a certain Grant Agreement
(the "Agreement") for approval and execution by the Applicant,
which said Agreement is satisfactory.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA:
That the said Agreement, a copy of which is attached hereto,
be and the same is hereby approved. The Mayor is hereby authoriz-
ed and directed to execute the said Agreement in the name and on
behalf of the Applicant, in as many counterparts as may be neces-
sary, and the City Clerk is hereby authorized and directed to af-
fix or impress the official seal of the Applicant thereon and to
attest the same. The proper officer is directed to forward the
said executed counterparts of the said Agreement to the Government,
together with such other documents evidencing the approval and au-
thorization to execute the same as may be required by the Govern-
ment.
PASSED AND ADOPTED on this the 25th day of January, 1971.
MAYOR
ATTEST:
City Cler~
22-D
RESOLUTION NO. 6-71.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, GRANTING
TO THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION A TEMPORARY CONSTRUCTION
EASEMENT AND 'PRIVILEGE TO ENTER UPON
CERTAIN LANDS IN SECTION 16, TOWNSHIP 46
SOUTH, RANGE 43 EAST, FOR THE PURPOSE OF
CONSTRUCTING A REVETMENT, SAID TEMPORARY
CONSTRUCTION EASEMENT TO EXPIRE TWELVE
MONTHS FROM DATE OF ISSUANCE.
WHEREAS, it is proposed by the State of Florida,
through the Dep~rtment of Transportation of Florida, to lo-
cate, construct and maintain or improve a portion of State
Road A-l-A, in Palm Beach County, Florida; and
WHEREAS, a portion of the lands involved and nec-
essary to said project are owned by the city of Delray Beach;
and
WHEREAS, on behalf of the State of Florida, a re-
quest has been made for a construction easement, such ease-
ment to expire on January 25, 1972, of a portion of said
lands of this City;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
That the Mayor and city Clerk are authorized to exe-
cute the necessary instruments to effect such twelve-month
temporary construction easement.
PASSED and ADOPTED on this 25th day of January, 1971.
MAYOR
AT'i~EST:
city Clerk ///
22-E
22-D Rev. 10-8-70
(Corp.) DOT NO. ..
SECTION ,~'~. ~-u~m_ .......
T. S. STATE POAD
F~JP NO.
CONSTRUCTION EASE~'~NT '::
THIS EBME~ENT MADE this 26th day of January , A.D. 19 71
by and between~lT~Ay ~F~C.W .
a corporation organized and existing under the laws of the State of
Florida , having its princiPal place of business in the City
of Delray Beach County of Palm Beach , State of Florida
as party of the first part ~d the ST~E 0F ~OP, IDA, for the use and benefit
of the State of Florida Department of Tr~sportation, as party of the
second part.
WITNE S SETH:
That the first part Y , for and in consideration Of the s~ of
One DOLLAR and other valuable considerations paid by the second party,
receipt of which is hereby acknowledged, hereby grant s unto the second
party ~ easement, license and privilege to enter upon, and to clear,
excavate ~d remove soil, clay and other ~te~al for construction of a
revetment upon the following described land in the County of
Palm Beach ~d State of Florida, to-wit:
PARCEL NO. 100 SECTION 93060-25~
Co~ence a~ the inte~eotion of the Center-line of ~3~DR~WS STEZ~ ~%h the
Center.ne of ATL.~TIC A~jf~fd~ thence run ~ 89°~5'O5" E a ~st~ce of
feet to the B~eline of S~y for State P~ad Eo. A-1-A ~md the
~NING; thence continue~," 8~e~5'05''.. E a ~stanee of 23.43 feet; thence
N 07e~'05" E a ~st~ce of 1030.60 feet; thence defleetiuE 90000'00" to the
E~t, ~ a ~st~uce of ~2.0 feet; thence ~ecttng So~her!y m~th ~ interior
~e of 82035'01', ~ a dist,~nc~ of 131.70 feet; then~ deflecting E~ter~
though ~u ~g!~ of 07°2h'53", ~ a ~mt~ce of 9~.~ feet; thence de~ecting
,~ter~ th~u~h ~u sngle of 01°23'45", ~u a ~t~ce of 144.~ feet; thence
~flect 90000'00" to the
~sterly ~md run a ~st~ce of 127.5 feet to a point
the B~eline of S~ey for State Poad ~7o. A-l-A; thence N 06e13'20" E, ~ong
s~d B~eline, a ~nt~nce of 175.00 feet to the ~I~ OFB~I,..IoG~'~ '"~'" .
~MS ~d excepttnM therefore ~ those po~ions lying ~thin the existing P~cht
of W~ for Ctate Poad No. A-1-A.
~e ~ove dese~bed p~pe~y situate, lying and bei~ ~n Section 16, T~shtp
~6 $ou~h, ~ge ~3 5~t P~m Beach. Co~ty, Florida.
A~ ~eor~ng to the ~ight of W~ ~ap .of Section 93060-25~, ~ate Road No. A-1-A,
THIS INSTRUMENT pREpARED BY
R. L. HALL
DATED , !,Q iX..] -_-.?' 'iff71
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATIOi'].
FORY LAUDERDALE, FLORIDA
DESCRIPTION ~ ooor~w~.
SHEET ~iO.
PARCEL N0. 100.1
SECTION o~060 - 2~12
STATE ROAD A~i-A
.. COUNTY .tmalm Beach
FAP NO.
.............. -~' and the party of the first part will defend the '~it!e thereto
against all persons claiming by, through, or under the said part y of the.first
part.'
THE TEP~4 OF THIS EASE~DT Shall be twelve mon'ths f~om the date
hereof, and all rights of the second party hereunder, including ownership and
~a~ntenance of said revetment, shall cease upon the expiration of said term.
IN WITNESS WHEREOF the said party of the first part has caused these
CounCil
presents to be executed in its name by the City g~~gh of the City of
Delray Beach , Florida, the day and year aforesaid.
(OFFICIAL SE~,) CITY OF DEL~Y~BEACH , Florida
City Clerk
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before me, the undersigned authority, this day personally appeared J. L. SAUNDERS and PIALLIE E. YATES
to me well know~ and known to me to be the individuals described in and who executed
the foregoing instrument as
Mayor and City Clerk, respectively, of the Corporation named
in the foregoing instr%u~.ent, and they severally acknowledged to and before me that
they executed said instrument on behalf of and in the name of said corporation as
such officers; that the seal affixed to said instrmment is the corporate seal of said
corporation ~ud that it was affixed thereto by due and regular corporate authority;
that they are duly authorized by said corporation to execute said instrument smd
that said instrument is the free act and deed of said Corporation.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official
seal this 26th day of January ....... , A.D. 19 71 ·
My co~m~sion expires:
! /~ '-~ ~ ; / /,~/ '.../--<-c ,......~-~
'"' ......... ' ......... ?~ . . · ~/'¢o~mty and State aforesaid.
22-G
ORDINANCE NO. 1-71.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH CERTAIN LAND LYING IN
SECTION 21, TO~NSHIP 46 SOUTH, RANGE 43 EAST,
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.
WHEREAS, RICHARD A. FISCHER, is the fee simple owner of the
land hereinafter described, and
WHEREAS, RICHARD A. FISCHER, by his petition has consented
and given permission for the annexation of said land by the City of
Delray Beach, and
WHEREAS, the City of Delray Beach has heretofore been author-
ized to annex lands in accordance with Section 185.1 of the City Char-
ter 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:
That part of Section 21 of Township 46 South,
Range 43 East, bounded as follows: On the
East by the Atlantic Ocean; on the West by
the right-of-way of State Road A1A (formerly
State Road 140) as the same is provided for
by the deed recorded in the Public Records of
Palm Beach County, Florida, in Deed Book 584,
Page 257; on the South by a line parallel to
and 3,020 feet Northerly from, measured at
right angles to the South line of Government
Lot 1 of Section 28, Township 46 South, Range
43 East; on the North by a line parallel to
and 4,900 feet Southerly from, measured at
right angles, the North line of the aforesaid
Section 21.
SECTION 2. That the boundaries of the City of Delray Beach,
Florida, are hereb~~ red~£1ned 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 land herein above described is hereby de-
clared to be in Zoning District RM-!A as defined by existing ordinances
of the City of Delray Beach, Florida.
2 2 -H
Page 2. Ordinance No. 1-71.
SECTION 4. That the land hereinabove described shall immediate-
ly become subject to 'all of the franchises, privileges, immunities,
debts, obligations, liabilities, ordinances and laws to which lands in
the City of Delray Beach are now or may be, and persons residing there-
on shall be deemed citizens of the City of Delray Beach.
SECTION 5. That if any word, phrase, clause, sentence or part o~
this Ordinance shall be declared illegal by a court of competent juris-
diction, such record of illegality shall in no way affect the remaini~.~
portion.
PASSED in regular session on the second and final reading on the
25th day of January , 1971. i
/S/ J. L. Saunders
MAYOR
ATTEST:
/S/ Hallie E. Yates
City Clerk
First Reading January 11, 1971.
Second Reading Januar~ 25, 1971
22-I
ORDINANCE NO. 2-71.
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DEL~AY BEACH, FLORIDA,
ANNEXING TO THE CiTY OF DELRAY BEACH
A PORTION OF LAKE iDA ROAD.
WHEREAS, the City is authorized by Section 6A (4) of its
Charter to annex any real property that is public or quasi-
public located in the "Greater Delray Beach Area", which would
not be subject to direct ad valorem taxes; and
WHEREAS, that portion of Lake Ida Road lying between N.W.
8th Avenue and Barwick Road is public or quasi-public real
property and lies in the "Greater Delray Beach Area" and will
not be subject to ad valorem tax by the City; and
WHEREAS, Bati-Fleming Development Corporation, owner of
275 acres, wants to develop said property and be annexed to the
City of Delray Beach so that City services, water, sewer, police,
fire, etc., and City zoning and building codes will apply to
such development; and
WHEREAS, that portion of Lake Ida. Road lying between N.W.
8th Avenue and Barwick Road must be annexed in order for said
Bati-F!eming Development Corporation property to be adjacent to
and contiguous to the existinq limits of the City of Delray
Beach.
NOW, THEREFORE, BE IT ORDAINED BI[ THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. The City Council of the City of Delray Beach
hereby annexes the following described property to said City.
That portion of right-of-way of Lake
Ida Road from the present West City
limits, which is the West right-of-
way line of N. W. 8th Avenue; West,
to the East right-of-way line of
Barwick Road, all being in Sections
7 and 8, Township 46 South, Range
43 East, and Section 12, To~aship
46 South, Range 42 East.
SECTION 2. The corporate limits of the City are hereby
amended to include the aforedescribed property.
PASSED AND ADOPTED in regular session on 'hhe second and
final reading, on this the 25th day of January , 1971.
/S/ J. L. Saunders
MAYOR
ATTEST:
/S/ Hallie E. Yates
C i ty Clerk
Second i~:-~n{~_nq January 25, 1971
....
22-J
ORDINANCE NO. 10-70.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING
A~]D PLACING CERTAIN LANDS IN THE SOUTH
QUARTER OF SECTION 24, TOWNSHIP 46 SOUTH,
RANGE 4-2 EAST AND IN THE NORTH QUARTER OF
SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42
EAST, IN "Pd~[-1 ~ULTIPLE FA[,~ILY DWELLING
DISTRICT" AND Ai~ENDING "ZONING ~.~AP OF
,
DELRAY BEACH, FLORIDA, 1969".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA:
SECTION. 1. That.the following described property
in the City of Delray Beach, Florida, is hereby rezoned and
placed in the "RM-1 Multiple Family Dwelling District" as
defined by Chapter 29 of the Code of Ordinances of the City
of Delray Beach, Florida, to-wit:
The South 678.19 feet of East 4047.79
feet of the South Quarter of Section
24, To%~nship 46 South, Range 42 East
less the right-of-way of S. W. 12th
Street, Delray Beach, Florida, ALSO
That part of the North Quarter of Sec-
tion 25, Township 46' Scuth, 'Range.
East, Delray Beach, Florida, lying
North and East of the right-of-way fo'r
Germantown Road less the right-of-way
for the Lake Worth Drainage District's
Lateral Canal No. 36, and less the East
half of the Southeast Quarter of the
Northeast Quarter of the Northeast Quar-
ter of said Section 25.
SECTION 2. That the Building Inspector of said
City shall upon the effective date of this Ordinance change
the Zoning Map of Delray Beach, Florida, to conform with the
provisions of Section 1 hereof.
PASSED in regular session 9~/~/'~//~f~r/~/g~/~
~~ on this the 25th day of January, 1971.
MA~Y O R
ATTEST:
City Clerk
First Reading March 23, 1970
Second .Reading April 13, 1970
Passed January 25, 1971
22-K
ORDIN~RqCE NO. 3-71.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH CERTAIN LANDS LYING IN
SECTION 12, TOWNSHIP 46 SOUTH, RANGE 42 EAST,
WHICH LANDS ARE C'ONTIGUOUS TO EXISTING MUNIC-
IPAL LIMITS OF SAID CITY; REDEFINING THE BOUND-
ARIES OF SAID CITY TO INCLUDE SAID LANDS; PRO-
VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LANDS; AND PROVIDING FOR THE ZONING THEREOF.
WHEREAS, Bati-Fleming Development Corporation, a Florida corpo-
ration, is the fee simple owner of the lands hereinafter described,
and
~EREAS, Bati-Service by Roger Zona, duly Authorized Agent,
in behalf of Bari-Fleming Development Corporation, has petitioned
and given permission for the annexation of said lands by the City
of Delray Beach, and
WHEREAS, the .City of Delray Beach has heretofore been author-
ized to annex lands in accordance with Section 185.1 of the City
Charter of said City granted to it by the State of Florida; and
WHEREAS, the annexation of these lands hereinafter described,
in the R-iA Single Family ~elling District, has been recommended by
the Planning and Zoning Board in action taken at its meeting held on
January 5, 1971;
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 lands located in Section 12, Township 46 South, Range 42
East, Palm Beach County, Florida, which lie contiguous to said City,
to-wit:
All of the East Half (E~) of Section 12, Township 46 South,
Range 42 East, less the East Half (E~) of the Southwest
Quarter (SW¼) of the Southwest Quarter (SW¼) of the North-
east Quarter (NE¼); less the West Half (W½) of the South-
east Quarter (SE¼) of the Southwest Quarter (SW¼) of the
Northeast Quarter (NE¼); less the West one-eighth (W1/8)
of North Half (N½) of Northeast Quarter (NE¼); and less
the South 330 feet of the West 2416 feet of the Southeast
Quarter (SE~) of Section 12, Township 46 South, Range 42
East; also less the rights-of-way of Barwick Road and Lake
Ida Road.
Containing 275.64 acres.
SECTION 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined so as to include therein the above de-
scrlbed lands, and said lands are hereby declared to be within the
corporate limits of the city of Delray Beach, Florida.
SECTION 3. That the lands herein above described are hereby
declared to be in Zoning District R-IA as defined by existing ordi-
nances of the City of Delray Beach, Florida.
2 2 -L
Page 2. Ordinance No. 3-71.
SECTION 4. That the lands hereinabove described shall immedi-
ately become subject to all of the franchises, privileges, inzmunities,
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
the25th day of January , 1971.
/S/ J. L. Saunders
MAYOR
ATTEST:
Hallie .~.. YaWed_
City Clerk
First Reading January 11, 1971
Second Reading
ZOg'