03-08-71A regular meeting of the City Council of the City of Delray Beach,
was held in 'the Council Chambers at 7':30 P.M., with Mayor J. L. Saunders
in the Chair, City Manager J. E!don Mariott, City Attorney G. Robert
Fellows and Council Members Grace S. Martin, James H. Scheifley, Leon
M. Weekes and O. F. Youngbl~od being present.
1. An opening Prayer was delivered, by Rev. J. D. Edwards.
2. The Pledge of Allegiance to the Flag of the United States of ~erica
was given.
X. Mayor Saunders introduced Mrs. Penny Hogan and her special class for
gifted children from Delray Beach Jr. High School, s~nsored by the
Exceptional Education Department of Palm Beach County.
3. The minutes of the regular raeeting of February 22, 1971, were unani-
mous!y approved on motion by Mrs. Martin and seconded by Mr. Youngblood.
4. Mayor Saunders read a PROCLA~TION proclaiming the week of March 7
through 13, 1971, as GI~ SCOUT ~EK.
5. Mr. j. W. Dunbar, Secretary of the Beach Property O,~ers' Association,
Inc., asked that something be done about.the riding of b~ 2~cles at night
without lights.
Mr. Dunbar also reported that he had received several complaints re-
garding sand in the water pipes in the Beach area, particularly on
Seabreeze Avenue, and asked that the pipes be flushed again.
5. Mr. I. W. Kresser, 234 N. E. 17th Street, commented on the 400-foot
beach property located on South Ocean Boulevard and said that he thinks
the C~.ty should either sell it or improve it for public use.
During co~ents by Mayor Saunders and Council, it was L~inted out
that in a straw vote at the December 2, 1969 General ~slect~on' ' , the ma-
jority of the voters were in favor of the City keeping said beach prop-
erty.
He also inquired about the concrete blocks that are floating loosely
~ron~ of the revetment wa].l.
City Englneer Fleming explained that at the time of the construction
of the revetment wail, the design called for three rows of blocks to be
placed out in front of the toe wall and that the Ct'ay is trying to main-
rain them there, but the high waves have disrupted them to some extent
an~ some of them have been cast onto the revetment wall itself.
5. Col. Thomas E. Cherry, Jr., 809 N. E. Ist Street, asked if and ~Jnen
something could be done to clean up the extreme e~st end of N. E. 1st
Street adjacent to ~he Bowling on the Green, which has been in an un-
s~nt!y condition since October. He said the telephone company h~d put
in an underground cable and had filled the hole but there is still a lot
of ~ebris, .rubble and rocks along there, also that the stop sign at the
~ea~ end of the street is no longer there.
The C~ty Manager was asked to invest[gste this matter.
6.a. The City M~nager presented the fol!ow~ng tabulation of bids from
fourteen companies that were received and opened by the city on March
3rd ~or~ construction of water works improvements, including '~ '~ne Water
Treat:nent Plant and Water ~ains, previously au'tborized by' Council. *
~'~ reported that ........... tab~,!et~ .... ~'--~ b
...... ~t~e~ .......... ~ t,~,=, ids,. Russell & Axon, Con--
a'~..' ,~:71 for constructior~ of Section i, tl-}e ?fat. er Treatment Plant, to tNe
TABULATION OF BIDS
FOR CONSTRUCTION OF
WATER WORKS IMPROVEMENTS
BIDDER BID
SECTION I - Water Treatment Plant
Intercounty Construction Corp. $1,825,000.00
Petersen Construction Company 1,900,800.00
Weiss Construction Company 2,128,000.00
Widell Associates, Inc. 1,909,000.00
SECTION II - Water Mains
Intercounty Construction Corp. 248,785.65
Petersen Construction Company 257,270.00
Derrico Construction Corp. 224,082.45
E. N. Murray, Contractor 240,073.00
The Dawson Company, Inc. 214,544.31
Plantation Construction Co. 201,260.00
Paul N. Howard Company 243,999.15
Onontario of Florida, Inc. 262,426.20
LaGrow Irrigation Systems, Inc. 322,799.20
A. Gaud[o 231,057.90
Sullivan, Long & Hagerty 227,502.00
SECTION II - Water Mains (Alternate - provides
for concrete pipe instead of duc-
tile iron in certain areas of the
project.)
Intercounty Construction Corp. 262,927.10
Petersen Construction Company 254,381.00
The Dawson Company, inc. 224,796.81
Plantation Construction Co. 214,464.80
Paul N. Howard Company 259,822.00
Onontario of Florida, Inc. 270,462.90
LaGrow Irrigation Systems, Inc. 343,770.20
Sullivan, Long & Hagerty 232,649.50
$i,825,000., with completion time beinq 430 days.
[~_ther, the Engineers also recommended, and he concurs, that
a contract be awarded fo%~ Section 2, Water Mains, to the low bidder,
Plantation Construction Company, in the amount of $201,260., with com-
pletion time being 150 days.
Mr. Scheif!ey moved that the bid for construction of the Water
Treatment Plant made by Intercounty Construction Corpration in the
~ount of ~!,825 000 , with estimated completion time of 430 days, be
accepee~. The motion was seconde~ by Mrs. Martin and unanimously car-
Mr.. Youngblood moved that %he bid for the Water Mains made by
Plantation Construction Company ~n the ~ount of $201,260., with esti-
mated completion time of 150 days, be accepted. ~e motion was second-
ed by Mr. Weekes and unanimously carried.
X. Mr. Scheifley asked when the city might be able to receive bids on
the Southwest Drainage Project, which was part of the $4,150,000. Bond
Issue.
The City Manager reported that the plans and specifications and
latest documents were submitted to HUD by the Consulting Engineers,
Russell & Axon, on March 1, 1971, and it depends entirely on how quick-
ly the 'plans and papers are processed by HUD. He said that as soon as
these plans and papers clear H~, bids will be solicited.
6.b. Concerning a survey of lands in violation of the City's nuisance
laws presented by the City Manager, Mrs. Martin moved that the City
Clerk be instructed to proceed with the enforcement of Chapter 15
the City's Code of Ordinances, the motion being seconded by Mr. Youngblood
and unanimously carried. (Copy of the Nuisance Survey is attached to
the official copy of these minutes~) See page 40-A.
6.c. City Mmnager Mariott reported that it was informally decided at
the February 18th workshop meeting that a policy be established that
the ' ~
C.uy pay 20~ and that the property o~er pay 80~ of the construction
cost of street curbs that are built in conformance with City specifica-
tions in developed residential areas in such instances as are determined
by the City Manager to be in the best interest of the City.
Mr. Weekes moved to establish a plicy that the City pay 20~ of the
construction cost of street curbs that are in conformity with the City
specifications, and the property owners pay 80,q of the construction cost
in d. eveloped residential areas in such instances as are determined by
the City Manager to be in the best interest of the City. The motion was
seconded by Mr. Youngb!ood and upn call of roll, Mrs. Martin,
Scheif!ey, Mr. Weekes and Mr. Youngblood voted in favor of the motion and
Mayor Saunders abstained.
6.d. Council was informed that at the regular meeting of the Planning and
Zoning Board on January !gth, a public hearing was held on a re~aest for
special exception and site plan approval from Mr. Charles E. Toth for
construction of a two-story building on Parcel "C", Del-Ida Park, 250
Royal Court~ with said plans providing for an aperient on the ground
floor and an architect's office on the second floor with nine parking
spaces.
Further, this property is triangular in shape and has frontage on
three streets, n~ely, Royal Court, N. E. 6th Street and N. E. 3rd Ave-
hue. The s~te plan calls for the building to extend five feet into the
25-foot setback required on the N. E' 3r{~ Avenue side. ApPf'ova! of this
five-foot variance has been requested of, and grante~ by the Board of
Adjustment.
The Planning and Zoning Board and Beaut"=' ' ~' ~'
l=zca,.mon CoP;m~ittee recom-
mend approval of th{s s{te plan, which was reviewed by Council at its
March 2hi workshop meeting.
Sai~~.:o~t--~ ~ Plan was un~hzn.o~.~' "~-" ', '~i~' a. pproved, on N~otion by [,~r. Scneifley'
an{ seconded ]3y Hrs.
-2 - 3 -- 8 -7 !
6.e. The City Manager reported that the current budget provides $6,000
for air conditioning the Catherine Strong Recreation Center and bids
were solicLted from the following firms: Jennings Electric, Island Sales
and Service, Modern Roofing Company, Arcade Electronics and Boca Deerfield
Major Appliances, w~th only one bid being received in the ~ount of $6,975.,
from Island Sales and Service.
Further, Chapter 2-13 of the City's Code of Ordinances provides that
in the case of a budgeted item, if the lowest bid received exceeds by more
than 10~ the ~ount allocated in the budget, a purchase order or contract
may not be executed without the approval of the City Council. Therefore,
Council authorization is requested to enter into a contract with Island
Sales and Service for installation of air conditioning at the Catherine~
Strong Recreation Center at a.cos% of $6,975. The difference between the
funds allocated in the budget for this put,se and the bid received is
$975., which can be made up during the year from other specifically budget"-~
e~ funds.
After general discussion, Mr. Scheifley moved that the bid in the
~ount of $6,975. submitted by Island Sales and Service be accepted.
The motion was seconded by ~. Youngblood and unanimously carried.
6.'f. Council was info--ed that in order to provide a more direct route
for traffic on S. W. 10th Street to reach Carver Junior High School and
to eliminate use of the sand road across the property on which the
Catherine Strong Center is located (mentioned by Mrs. John Gill at the
February 22nd Council meeting), Council authorization is requested to
pave that portion of S. W. 17th Avenue lying between S. W. 7th and 10th
Streets to a width of 12 feet and between S. W. 6th and 7th Streets to
a width of 24 feet. Further, this improvement is estimated to cost
$18,000., and funds are available in the Special Assessment Fund for
said purpose.
It was so moved by ~. Weekes, the motion being seconded by Mr.
Youngblood ~d unanimously carried.
7.a. Council was informed that a request has been received from %he St.
Matthews Episcopal Church for use of the ~nasium at the Co--unity Center
between the hours of 3:00 and 5:00 P.M. on Sunday, April 18, 1971, for the
purpose of holding a Musical Tea; further, the Director of Parks and
Recreation having advised that this usage will not conflict with existing
progra~ning at the Center, it is reco~nended that the request be granted.
Said request was unanimously granted, on motion by Mr. Youngblood
and seconded by Mrs. Martin.
7.b. City Manager Mariott informed Council that in compliance with Chapter
3-1 of the City's Code of Ordinances, a request has been received from
High Point of Delray for a pe~it to erect two 6' x 16' tem~rary signs
on leased l~d directly across West Atlantic Avenue from the entrance to
said development.
He advised Council that they could either approve or reject the re-
quest or refer s~e to the Planning and Zoning Board and the Beautifica-
tion Co~ittee for reco~7~end~tion.
Mr. Robert Kinkead, representing the developer of High Point, was
present.
Af~_r general discussion, said request was unanimously referred to the
Planning and Zoning Board and the Beautification Committee for study and
reco~endation, on motion by Mr. Scheifley ~nd seconded by Mr. Youngblood.
7.c. Co~]nci! w~s informed that a request has been received from the
P!umosa Kindergarten of the Primltive Baptist Church for use of the g~-
Das~u~n and stage at the co ...... unity CenLer between the hours of 6:00 and
9~00 P.M., on Friday, May 28, 1971, for the purpose of conducting gradua-
· Lion exercises. Further, the Pa~ks and ~ecreation Direc~or ~aving advise~
that such usace_, will not conflict with any_ ~.~',~.~ting,~,,o . programming ar. the
........ ~Y~I, it is recommendeci that the request be gran'Led.
-- ~ ~'~
· .-.~ 3-.-,-. ,, ~.
7.d. The City Manager informed Council that the Frances J. Bright Woman's
Clut' ~ hns requested permission to use the ~yTan~sium~ at the Con~nunity
Center between the hours of 3:30 and 5:30 P.M., on Sunday, March 28, 1971,
for the purpose of holding a concert; further, the P~rks and Recreation'
Director having advised that such usage will not conflict with progr~-
ming at the Center, it is recOn~ended that the request be granted.
Said request for use of the Co--unity Center was unanimously grant-
ed, on motion by Mr. Weekes and seconded by ~. Youngblood~
8.a. City Manager Mariott presented RESOLUTION NO. 9-71.
A RESOL~ION OF THE CITY CO~CIL OF THE
CITY OF DEL~Y BEACH, FLORIDA, RECO~END-
ING TO STA~E LEGISLATURE PASSAGE OF A
SPECIAL ACT TO ESTABLISH A "DEL~Y BEACH
DO~TO~ DEVELOPmeNT AUTHORITY" WITH AD
VALOREM TAXING POWER UP TO ONE MILL,
TABLISHING BO~DARIES, MEMBER QUALIFICA-
TIONS, DUTIES AND POWERS AND DIRECTING THE
CITY ATTORNEY TO TA~ THE NECESSARY STEPS
FOR PASSAGE.
(Copy of Resolution No. 9-71 is attached to the official copy of
these minutes.) ~ee page 40-B.
Resolution No. 9-71 was unanimously passed and adopted on first
and final reading, on motion by ~. Scheifley and seconded by
Youngblood.
8.b. The City Manager presented RESCLUTION NO. 10-71.
A RESOLUTION OF THE CITY COL~CIL OF THE
CITY OF DEL~Y BEACH, FLORIDA, APPROVING
IN PART NE~a~ORK SIX PLAN ADOPTED BY THE
POLICY CO~ITTEE OF THE WEST P~M BEACH
URBAN AREA TR~[SPORTATION STaY WITH THE
UNDERSTATING T~T A CONTINUING COMP~-
HENSIVE PLANNING PROCESS WILL BE CARRIED
ON AND T~T THE NETWORK ~ILL _EB~ UPDATED
AND REVISED ACCORDING TO AN APPROVED OP-
E~TIO~S PLAN.
(Copy of Resolution No. 10-71 is attached to the official copy of
these minutes.) See pages 40-E-F.
Resolution No. 10-71 was unanimously passed and adopted on first
and final reading, on motion by ~s. Martin and seconded by ~. Youngblood.
8.c. City Manager Mariott presented ORDINfdqCE NO. 5-71.
~M ORDINANCE OF THE CITY COUNCIL OF T~ CITY
OF DEL~Y BEACH, FLORIDA, ANnEXInG TO THE
CITY OF DELRAY BEACH CERTAIN LAND L~NG IN
SECTION 28, TO~'~SHIP 46 SOUTH, ~GE 43 EAST,
WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS OF SAiD CITY; REDEFINING THE BOUNDARIES
OF SAID CITY TO iNCLUDE SAID LA~D; PROVIDING
FOR THE ~ ~ _
RI.~,r~o D~ND OBLIGAtiONS OF SAID LAND;
~%ND PROVIDING FOR ~iE ZONING Tt~REOF.
2000 South A1A
(Copy of Ordinance No. 5-71 is attached to the official copy of
these minutes.) See page 40-C.
A Public Hearing h~ving been legally ndvertised in compliance with
the laws of qbe S~_a~.e of Florida -~ q~o.~ .~ · -
......... C,~arner o~ the
~ ...... C_~y of Delray
~ach vz~s he .... , and there being no objection to OrdLnance No. 5-7!. said
8.d. The City Manager presented ORDINANCE NO. 6-71.
AN ORDIN]~CE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE SOUTH-
ERN STANDARD BUILDING CODE BY REDEFINING "SUB-
STANTIAL CONSTRUCTION" AND ADDING SUCH NEW DEF-
INITION TO CHAPTER 9 CODE OF ORDINANCES.
(Copy of Ordinance No. 6-71 is attached to the official copy of
these minutes.) See page 40-D.
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.
6-71, said Ordinance was unanzmously passed and adopted on this second
and final reading, on motion by Mr. Youngblood and seconded by Mrs.
Martin.
At the request of former Councilman John L. Pitts, III, the City
Attorney explained substantial construction.
Regarding Ordinance No. 6-71, Mr. Scheifley asked if the City Man-
ager could check into the situation of the partially-constructed build-
ing at the southeast corner of Atlantic and S. W. 1st Avenues, which
has been abandoned and at this time has a "For Sale" sign on the property.
The City Manager reported that he had. received some information a
few weeks ago that the owner of the property believes he will soon have
the problem solved.
8.e. City Manager Mariott presented ORDINANCE NO. 8-71.
~N ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, Ab~NDING SECTION
29-1 (21), CHAPTER 29 CODE OF ORDINANCES BY
REDEFINING "FRONTAGE".
Ordinance No. 8-71 was unanimously placed on first reading, on mo-
tion by Mr. Weekes and seconded by Mr. Youngblood.
9.a. City Manager Mariott reported that at the February 8th meeting,
Council referred to the Planning and Zoning Board for study and recom-
mendation a request from Mr. C. Rankin Bingham for abandonment of the
southerly half of the right-of-way of S. E. 5th Street abutting his
north property line to provide proper ingress and egress to his property
located at the corner of S. E. 7th Avenue and 5th Street.
Further, after reviewing this matter at its March 2nd meeting, the
Board recommended Council approval of such abandonment subject to the
entire 30-foot width being retained as a utility easement, as well as
· the North 10 feet thereof as a pedestrian easement to the Intracoastal
Waterway.
After general d~scussion, said request for abandonment was unani-
mously tabled until the C~ty Manager can determine questions of fact
by the next Council meeting, on motion by Mr. Scheifley and seconded by
Mrs. Martin.
!0.a. Council was informed that the terms of regular members, Jsmes L.
Love, Jr. and Haild Zeder and the alternate members, Quinton G. Minor
and James V. P~_gnato, of the Board of Adjustment expire on March 15,
1971, and the remaining members of the Board have recommended %hat these
members be reappointed for three-year terms expiring on March !5, 1974.
Said members were reappointed, as recon~ended, on motion by Mrs.
Hartin z~n~ seconded by Mr. Youngblood.
10.a. Concerning t~:e development of the Delray Beach Heights Subdivi-
sion, which consists of 24 houses and is being ~eveloped by~ Mi~. Harry
Bart, tl~e City },~anager reported tNah Nr. Bart is asking 'hi~e.t he not be
..... ' _.
-5'-
of ~he 24 houses, at $150.00 each.
Mr. Barr explained that he misunderstood the ordinance, which pro-
vides for said fee.
After lengthy discussion, said request for non-pa]nr~.ent of sewer con-
nec'tion fees in the amount of $1,800., was unanimously referred to a
workshop meeting for further study, on motion by Mr. Youngblood and sec-
onded by Mr. Weekes.
10.a. Mr. Weekes said that recently the City of Deiray Beach was offer-
ed a piece of property on A1A, sou'th of Atlantic Avenue, consisting of
approximately 268-foot frontage on A1A with a depth of 600 feet extend-
ing to Gleason Street, at a price of $588,000, (the Sand-O-Way East and
Gracey properties). He said that he had been on the Beach Acquisition
Committee when it was functioning, and in its final report, it was
stated that there was a recognized need for additional off-street park-
ing in Delray Beach and that they would look favorably upon such pur-
chase if it were located South of Atlantic Avenue.
Mr. Weekes reported, that in an unofficial capacity he had mention-
ed to County Commissioner Warren that he believed the City might get
some consideration from the County from the Beach Acquisition Funds
toward purchase of the above-mentioned property. Further, that the
County Co~umission meets tomorrow morning and he would like to know the
feeling of Council about the City approaching the County Con,mission on
th is matter.
It was agreed, that Mayor Saunders and Mr. W~ ~es would attend said
meeting in behalf Of the City in this matter.
10.b. The following Bills for Approval were unanimously approved for
payment, on motion by Mr. Youngb!ood and seconded by Mr. Weekes.
General Fund $318,a78.93
Water Revenue Fund 73,820.65
Water Operating & Maintenance Fund 10,275.44
Refundable Deposits Fund 648.93
Utilities Tax Revenue Fund 5,440.00
Sinking Fund, Cigarette Tax Bonds,
Series 1965 23,427.00
Cigare'ate Tax Fund 10,047.72
Capital Improvements Construction Fund 11,578.91
The meeting adjourned at 9:30 P.M.
YT YATES
~AL .... E E.
City Clerk
40-A
PROPERTY IN VIOLATION OF ORDINANCE NO. G-147
AND SECTIONS 15-3 and 15-4 OF THE CITY CODE.
CITY
OWNER AND ADDRESS PROPERTY DESCRIPTION CODE
Herbert H. & Bertha Thiele South 14.1 feet of Lot 11, 15-3
and Joseph J. & Doris A. all of Lots 12, 13, 14 and
DeGange all of South 100 feet of 15-4
420 Chapel Hill Boulevard Lots 15 through 32 inclu-
Boynton Beach, Florida 33435 sive and South 100 feet of
Lot 33, less West 20 feet,
Ocean Beach Lot 28, Asbury
Park Heights.
(250 S. Ocean Boulevard)
Violations 15-3 and 15-4 as concerns this report are as follows:
1. 15-3 - Debris, open ditch
15-4 - Weeds, tall growth
Submitted to the City Council by the City Manager on this the
8th day of March, 1971.
40-B
RESOLUTION NO. 9-71.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL.RAY BEACH, FLORIDA, RECO~END-
ING TO STATE LEGISLATURE PASSAGE OF A
SPECIAL ACT TO ESTABLISH A "DELRAY BEACH
~DOWNTOWN DEVELOPMENT AUTHORITY" WITH AD
VALOREM TAXING POWER UP TO ONE MILL,, ES-
TABLISHING BOUNDARIES, MEMBER QUALIFICA-
TIONS, DUTIES AND POWERS AND DIRECTING THE
CITY ATTORNEY TO TAKE THE ~-ECESSARY STEPS -
FOR PASSAGE. . . .
WHEREAS, the downtown area of the City of Delray .BeaCh is
deteriorating due to lack of parking, and
WHEREAS, the Department of Transportation of the State of
Florida has determined that in the near future all parking must
be removed from Atlantic Avenue, and
WHEREAS, the City and the Delray Beach Chamber of Commerce
have been trying to resolve the downtown parking problem for
several years, and
WHEREAS, the Delray Beach Chamber of Commerce has determined
and recommended that a Do~zntown Development Authority with ad
valorem taxing powers of u'p to one mill, similar to the Downtown
Development Authority of West Palm Beach, be established, and
WHEREAS, the City Council of the City of Delray B~ach deems
it to be in the best interest of the City of Delray Beach to have
such an authority,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
1. The Legislature of the State of Florida is respectfully
requested to enact in the 1971 regular session, the act attached
hereto to establish a Downtown Development Authority for the City
of Delray Beach which is approved and recon~mended by the City
Council of the City of Delray Beach.
2. The City Attorney is hereby authorized to take all action
necessary _to obtain the passage of the above act. --
PASSED AND ADOPTED in regular session on this the 8th day of
March, ].971.
\
MAYOR
ATTEST:
~ ~ T ....... . 40-C
.3RD_x~.~,;OE NO 5-71.
AN ORDINf~JCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRA¥ BEACH CERTAIN LAND LYING IN
SECTION 28, TOI'~JSHIP 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;
AArD PROVIDING FOR THE ZONING THEREOF.
WHEREAS, ~C23I~RLES A. MULLAN and THOMAS F. ~JLLAN, JR., co-partners
d/b/a DELRAY WATERWAY PARTNERSHIP, are the fee simple, owners of the
land hereinafter described, and
WHEREAS, CHARLES A-~~ MULLAN, a partner of the DELRAY WATERWAY
PARTNERSHIP, 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 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:
The North 300 feet of ~he 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).
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 la~d hereinabove described is hereby declar-
ed to be in Zoning District RM-1A as defined by existing ordinances of
the City of Delray'Beach, Florida.
SECTION 4, That the land hereinabove described shall immediately
become subject to all of the franchises, privileges, immunities, debts,
obligations, liabilities, ordinances 'and laws to which lands in the City
of Delray Beach are now or may be, and persons residing thereon shall be
deemed citizens of the City of Delray Beach.
SECTION 5. That if any word, phrase, clause, sentence or part of
this Ordinance shall be declared illegal by a court of competent juris-
diction, such record of illegality shall in no way affect the remaining
portion.
PASSED in ~egular' sessio~ on the second and final reading on the
8th day of March , 1971. -,~./.~ .)
'" MAYOR
ATTEST:
C i~y C ! e
40-D
ORDINANCE NO. 6-71
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELR~Y BEACH, FLORIDA, AMENDIlqG THE SOUTH-
ERN STAND'LtD BUILDING CODE BY REDEFINING "SUB-
STANTIAL CONSTRUCTION" AND ADDING SUCH NEW DEF-
INITION TO CHAPTER 9 CODE OF ORDINANCES.
Wt{EREAS, the Planning and Zoning Board has recommended to the
City Council that a new definition for "Substantial Constru-ction"
is needed, ana
~,~{EREAS, the City Council deems it to be in the best interest of
the City of Delray Beach to have a more complete definition of "Sub-
stantial Construction".
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 9-1.2 Code of Amendments to the Build-
ing Code be amended by adding Section 106.3 "Substantial Construction"
of the Southern Standard Building Code to the Delray Beach Supplement
of said Southern Standard Building Code and amended to read as follows:
"SECTION 106.3. SUBSTANTIAL CONSTRUCTION
The Building Official shall act upon an application for a per-
mit with plans as filed, or as amended, without unreasonable
or unnecessary delay. A permit issued shall be construed to
be a license to proceed-with the work and shall not be constru-
ed as authority to violate, cancel, alter, or set aside any of
the provisions of this code, nor shall such issuance of a per-
mit prevent the Building Official from thereafter requiring a
correction of errors in plans or in construction, or of viola-
tions of this code. Any permit issued shall become invalid un-
less the work authorized shall have been commenced within six
months after its issuance, and unless 25% of the total cost of
the construction has been completed within one year after the
date of the first City inspection and if the work authorized
by such permit is suspended or abandoned for a period of six
(6) months after the time the work is commenced; grading and
such improvements as streets, sewers, and water mains are not
included in the defihition of construction.
The contractor shall submit an affidavit to the Building ~Offi-
cial affirming that the 25% rule has been complied with no
later than twelve (12) calendar months after the date of the
first City building inspection. For cause, one or more exten- -
sions of time, for periods not exceeding ninety days each, may
be allowed in writing by the Building Official."
PASSED in regular session on the second and final reading on the
8th day of March , 1971.
~ MAYOR
· ATTEST:
City Cl~k
First Reading. February 22, 1971
Second Reading Marc?~ 8, 1971
40-E
RESOLUTION NO. 10-71.
A RESOLUTION OF THE CITY COUNC.~'~ OF THE
CITY OF DELRAY BEACH, FLOPiz~A, APPROVING
IN PART NE. TWORK SIX PLA,~[ ~DOPTED BY THE
POLICY COmmITTEE OF T}~7~] WEST PALM BEACH
URBAN AREA TRTLkTSPO]~TION STUDY WITH THE
UNDERSTD2qDING THAT A CONTINUING COMPRE-
HENSIVE PLD~.-~-~iNG PROCESS WILL BE CARRIED
ON AND THAT THE NETWORK WILL BE UPDATED
AND REVISED ACCORDING TO AN APPROVED OP-
ERATIONS PLAN.
WHEREAS, the Policy Committee of the West Palm Beach
Urban Area Transportation Study has approved and adopted
the Network Six Plan as evidenced by the resolution at-
tached hereto and made a part hereof as if set out in full
herein; and
WHEREAS, the City Council of the City of Delray Beach
has also previously authorized participation in the West
Palm Beach Area Transportation Study;
WHEREAS, the Planning and Zoning Board of the City of
Delray Beach has made recommendation to the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DELRA¥ BEACH, FLORIDA, in a regular meeting as-
sembled on March 8, 1971, THAT:
SECTION 1. The City Council of the City of Delray Beach
does hereby approve the attached resolution by the Policy
Cormmittee of the West Palm Beach Urban Area Transportation
Study and adopts as and for its own act and deed the Network
Six Plan, with the exception as set out in the following Sec-
tions 2 and 3, being fully advised of and agreeing with-the
plan, as transmitted to the City in November, 1969, as in-
cluded in a report titled "THE PRINCIPAL STREET AND HIGHWAY
PLAN - 1985" A Surmnary Report, with the understanding that a.
Continuing Comprehensive Planning Process will be carried on
and that the Network will be updated and revised in the fu-
ture, according to and following the procedures of a Continu-
ing Operations Plan as approved by the U. S. Department of
Transportation, Bureau of Public Roads.
SECTION 2. The City Council of the City of Delray Beach
does hereby go on record as opposing the four-laning of A-1-A
within the incorporated limits of the City Until such time as
the Delray Beach Master Plan has been adopted and specific
s~.udies have been made on the traffic generation potential of
A-1-A as well as the solutions to the preservation of the beach
as a recreational facility.
SECTION 3. The City Council of the City of Delray Beach
does hereby oppose the continued use of Atlantic Avenue as a
major arterial access to ~]~e bec. ch. With expected traffic
volumes of son]ewhere in tile neighborhood of 20,000 - 25,000
veh~cles per day, the activity in the con~ercial core and ].ocal
40-F
Resolution No. i0-7]..
use of thi,.. .... re]mercia! facility would be seriously restrict-
ed. An inveak;_'~tion of possible alternatives to tbs pro-
blem, which would ,.'~intain the vitality of the commercial
core while at the sam time move vehicles, is needed.
PASSED 7gqD ADOPTED b~.~ ~he City Council of the City of
De.lray Beach, Florida, this Ct.h ~ay of March, 1971.
/S/ J. L. Saunders MAYOR
ATTEST:
/S/ Halt~e E. Yates
City Clerk