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04-12-71 APRIL 12, 1971. A reguiar 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. Eldon Mario%t, C~ty Attorney G. Robert Fellows and Council Members Grace S. Martin, James H. Scheifley, Leon M. Weekes and O. F. Youngblood being present. !. An opening Praper was ~elivered by Rev. J. Marvin Sweat, Jr. 2. The Pledge of Allegiance to the Flag of the Unite~ States of ~erica was given. 3. The minutes of the regular'meeting of March 22, 1971, were unanimously approved on motion by Mrs. Martin and seconded by Mr. Youngb!ood. 4. Mr. Weekes comsaende~ the Police Department and especially Lt. Edwar~ Da!~on for the presentation of a program at Pl~m~osa Elementary School per- raining ~o drug abuse. 6.a. Beery & Brown Agency, Inc., was unanimously appointe~ as the City,s Insurance Agent of Record for a term expiring on june ~0, 1971, on motion by Mr. Weekes and seconded by F~s. Martin. 6.b. Regarding the installation of a sprinkler system an~ sod on the City Hall an~ Civic Center grounds and to seed the grounds north of 'the City Hall parking lot with ~ahia, the City Manager reporte~ that cost of s~id project would be approximately $8,600. He recon~nended that a motion be passed authorizing these improvements and that the funds to cover cost of same be ~aken from ~he Beautification Accoun~ of the Perils an~ Recreation Depert- ment Budget, with the understanding that it may be necessary during the year to transfer .k_~ from the General Fund Contingency Account to the Beaut~ =~ . ~_ _ ~ca~ion Account to pay the City's share of expenses for b,~autifying South i ed~.al Highway, as agreed upon by Council an~ the Char~ber of Com~- I{ler ce. Said authorization was unanimously granted, as outlined by the City Henager, on motion by Mr. Weekes and seconded by P{~. Youngbiood. 6.c. City Manager Mariott requested that Council pass a motion authorizing the execution of an agreement between the City and the Palm Beach County Tax Assessor and Tax Collector for assessing and coliecting the City's 1971 property taxes. He reported that the fees for sai~ service, the same as charged in 1970, are .32 of ].~.of the total property tax for assessment and .28 of ].~ of Lhe total property tax for collection. Authorization was gr~nted for appropriate City officials to e--~ -" said agreement, on motion by Mr. Youngblood and seconded by Mr. Scbeif].ey. Upon call of roll, Mr. Scheifley, Mr. Weekss, Hr. Youngblood and Mayor Saunters voted in favor of the motion and .Mrs. Martin was o~posed. (Copy o~ said Agreement is s. ttached to the official copy of t]~.~e minutes ) See 9ages 60-A-C. 6.d. The City Manager reported that the City's Pl~uublng Board has recom- ....... ~-~ ......... ~'il the ' Plumber's Certific~te held by Mr ~.= ..... tho ~ ~_oun_. revoke Mas'cer . Fre~ Greene. ~.hzt~ez, that said Certificate was obtained .... rt~.ficate, No. U-417, issued by the ~-=._m Be~cL County Contrac'to~'s Boa].~2, in lieu of an a~.~a!n~na=zon, and after checking the records, the City Plumbing inspector, lies been ,,,..n.~blea ~ to verify this certifica'ae" number. Ne reco:-~mended % eh'is ' ' ~= ~nc for t~..et item be referred %0 a werkshop fur'{her censideration, with Hr. Greene being present. S~id,item~ was'unanimously referred to a works]~op meeting, as recor~en~- ed on rnot:~on .... ~ t' ........... _~ ...... t .oeen G J'uml. ier for a l ic~.'.q~:e to sell beer, f~'~r consum~;~tion the applicant having been investigated in the prescribed manner by the Police Department and approved, it is recommended that the request be granted. Said request to sell beer, was unanimously granted, on motion by Mr. Youngblood and seconded by Mr. Scheif!ey. 7.b. City Manager Mariott informed Council that a request has been re- ceived from Mr. E. M. Fielder, District Supervisor of the Bureau of Blind Services, Florida Department of Health and Rehabilitative Services, for a "gratis" occupational license to operate a snack bar in a mobile trailer located at the South County comPlex, 345 South Congress Avenue, the' use of said trailer having been approved by Council on March 22, 1971. He reconvnended that the request be granted inasmuch as the applicant meets the requirements set forth in Section 16-4 of the City's Code of Ordinanees. . · . Said request for a gratis license was granted for the remainder of this fiscal year, on motion by Mr. Weekes and seconded by Mr. Youngblood. Upon call of roll, Mr. Scheifley, Mr. Weekes, Mr. Youngblood and Mayor Saunders voted in favor of the motion and Mrs. Martin was opposed. In qualifying her vote, Mrs. Martin stated she had nothing against the Bureau of Blind Services but was opposed to the trailer being located there for a year when she thinks they could put the snack bar in the Com- plex. 7.c. Council was informed that a request has been received from Mr. Dorie jackson, ow]~er of Fifth Avenue Market, located at 94 S. W. 5th Avenue, for transfer of the beer and wine license, for consumption off the premises, presentl~ held by Mr. Walter B. Thompson, doing business under the name of Thompson's Market. Further, the applicant having been investigated in the prescribed manner and approved by the Police Department, it is recom- mended the request be granted. oa_d request was unanimously granted, on motion by Mr Youngb!ood and seconded by Pk~. Scheifley. 7.d. City' Manager Mariott reported that Mr. Emil F. Danciu, Vice-President of irving Stuart, Inc., has requested pezTaission to locate a trailer on their property, which was recently acquired from the. City, for use as a sales office. Further, that said trail_er would be located on the northwest corner of the intersection of S. W. 8th Avenue and 4th Street and would be removed within five days after construction on their property is completed. In accordance with require?,ents set forth in Section 29-15 (e) of the Code of Ordinances, the City Manager recomgnended that this request be re- ferred to the Planning and Zoning Board for a public hearing and reco.m- mendation. Said request was unanimously referred to the Planning and Zoning Board, as recommended, on motion by Mr. Youngblood and seconded by Mrs. Martin. 8.a. The City Manager presented RESOLUTION NO. 13-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ORDERING. THE OPEN- ING, GRADING AND PAVING OF THE NORTH-SOUTH SIXTEEN (16) FOOT A_,LEY IN BLOCK 1, ROSEMONT PARK SUBDIVISION. (Copy of Resolution No. 13-71 is attached to the official copy of t2~ese minutes.) '~See pages 60-D-E. Resolution No. 13-7]_ was unanimously passed and adopted on first and final reading, on motion by Mr. Scheifley and seconded by Mrs. Martin. --2- ~-12-71 8.b. City l~.~anager Mariott presentet RESOLUTION NO. 14-71. A RESOLUTION OF Ti-~E CITY COUNCIL OF THE CITY OF DELRAY BEACH APPROVING T!{E PREPARATION AND SUBMISSION OP A COMMgNITY RENEW~ PROG~ FOR THE CITY OF DEL~Y BEACH~ FLORIDA, AND FILING OF AN APPLICATION FOR A FEDE~ GR~T TO ASSIST IN FINANCING ITS PREPA~TION. (Copy of Resolution No. 14-71 is attached to the official copy of these minutes.) See pages 60-F-G. Resolution No. 14-71 was u~animously passed and adopted on first and final reading, on motion by [~. Youngb!ood and seconded by Mr. Weekes. 8.c. On the recommendation of the City Manager, Resolution No. 1.5-71, authorizing execution of an agreement between the City and Florida East Coast Railway in connection with the Southwest Drainage Project, was not cons ider ed. 8.d. Regarding Ordinance No. 15-70 providing for annexation of ~ tract of land located at 2901 through 2915 W. Atlantic Avenue, owned by Eugene Cabrini, with Mr. Robert Kinkead being e~e Agent, the City Manager reported that he had received a telephone call earlier today from Mr. Kinkead, speaking in behalf of the owner, asking that this item be re- moved from the Agenda and that the application for annexat[on be with- d r a~a~. After general discussion, Mr. Scheifley moved to accept the with- drawal of safd application for annexation. The motion was seconded by Hrs. Mar~in and unanimously carried. 8.e. City Y~ ~ _ . ~an~ger Mariott presented ORDIN~CE NO 9-71. AN ORD!N~qCE OF THE CITY COUNCIL OF THE CITY OF DEL~Y BEACH, FLORIDA, REZONING AND PLAC- ING PRESENTLY ZONED R-lA, R'].~ LOTS IN SEC- TIONS !, 2, 3 and 4 OF TROPIC ISLE AND LOT 472 PRESENTLY ZONED RM-! IN SECTION 4 OF TROPIC ISLE, IN "R-!D3.B SINGLE F~qlLY DWELL- iNG DISTRICT", AND M4ENDtNG "ZONING ~P OF DELk~Y BEACH, FLORIDA, 1969". (Copy of Ordinance No. 9-7i is attached to the official copy of these minutes.) See page 60-H. A Public Hearfng having been legally adver'tiset in ccmpliance wi~h the ~ laws of the State of Florida and the Charter of the C fry of ~Del~ay Beach was held, and there being no objection to Ordinance Ne. 9-71, said Ordi- nance was unanimously passed and adopted on this second and final reading, . ,4a~in and seconded by Mr Youngbl0od. on motion by Mrs ~ ~- . 8 ~ ~t.e City Manager presented ORDINANCE NO. 10-71. AN ORDiNP~CE OF THE CITY CON}[CIL OF THE CiTY OF DELPAY BEACH, FLORIDA, Die,CEDING CHAPTER 14,~c~Cq"rnx~ ~,~,.~ i4-~, CODE OF ORDINANCES OW.~ THIS D~ ~ i~ ~ r ~" uz:,Lr, A Y BEAC2-I. ~.,J BE USED BY TNE CiTY OF "'~' ~ Ordinance i~o -, n .~ · ~.~-.-,._ was unanl.mou~]v placed on ~it-str..~.u].,.j,~n:'"-~ on motion by Mrs. Martin' and seconded by Hr. Weekes. .' ..-3 S--1.2-7! 9.a. City Manager .~:ariott reported that an application has been received from the Delray Beach National Little Leagt]e for permission to solicit funds within the City on April 24, 1971, and that following review of said application, the Solicitations CormT~ittee reconumends approval of the re- quest with endorsement. Said request for solicitation of funds was unanimously granted, on motion by ~. Youngbtood and seconded by ~. ~Scheifley. 9.b. The City Manager reported that the Planning and Zoning Board held a public hearing at its April 6th meeting on a request from Dr. John Westine for approval of a revised site plan for a two-story dental build- ing to be constructed on Lots 1 through 5, inclusive, Block 10, Del-Ida Park, 248 through 264 Dixie BoUlevard, and that following the public hear- ing, said Board unanimously recommended approval of the revised site plan. Further, the original site plan ~or.this building, which was basically the s~]e ~s this revised plan, was approved by the Council on March 9, 1970, and in view of the fact that the changes are ve~ minor and do not affect the size of the building or the land usage, it is reco~ended that the s fte plan be approved. Attorney John Ross Adams, representing the o~er, was present. Sai~ revised site plan was unanimously approved, on motion by Mr. Youngblood and seconded by ~. Weekes. 9.c. Council was informed that the Planning and Zoning Board, at its Ma~ch 16th meeting, held a public hearing on a site plan presented by Mullah Enterprises of Florida, Inc., for a 77-unit apartment complex consisting of a nine-story tower and two-story rill. as to be located at 2000 S. Ocean Boulevard, the proposed density being 22.6 units per acre with 102 covered parking spaces and 83 open spaces, ~ounting to 2.3 spaces per unit. Pdrther, during the public hearing, four letters sup- porting the plan and one opposing it were read and three persons appeared to object, followed by the Boar~ tabling the request until the next meet- ing. The City Manager reported that following a review of this site p. lan at its April 6th meeting, the Board passed a motion by a vote of 5 to recommending approval of the Site Plan, and that Council may approve or ~eny this site plan or defer s~e for discussion at a workshop meeting. Said site plan was unanimously deferred for discussion at a workshop meeting, on motion by Mrs. Martin and seconded by Mr. Youngblood. 9.d. The City Manager re~rted that at its M~rch 16th meeting, the Plan- ning and Zoning Board held a p~blic hearing on a site plan submitted by Mr. Eddie M. Crabtree for a two-story, 22-unit apartment building to be constructed on Lots 473 through 476, Tropic Isle, located at 3101 through 3131 Spanish Trail, at which meeting, Mr. Gent suggested lowering the density to 20 units per acre and the request was tabled at that time by a unanimous vote; further, a revised site plan, incorporating the density change mentioned above~ was consi~ered 'by the Planning and Zoning Board at its April 6th meeting, at which time they unanimously recon~ended ap- proval of the site plan. The City Manager reco]~men~ed that this item be d. eferred for discus- sion at a workshop meeting, which was unanimously agreed to by Council, on motion by Hr Youngblood a~d ~econ~ed by ~rs. Martin 9.e. City Manager Mariott reported tha% the Planning and Zoning Eoard, at it~ April 6%h meeting, reviewed the Final P!a';z of Chatelaine, Unit 1, submitted by Bat'["Serv~ce of Flori~a. Following ~iscussion, during which it was noted that all !o~ now meet minimum R-lA zoning district requ~re-- ments, the Board unanimous!v recommended .. ,..ent~t~ve ~Lpprovai of the Final ~sn~tive approval of the t~Rderstanding i':Nat, the Plat willk not be signed untLk khe regt~ired bend 57 into concerning the financing for exten~'--- . _ ~.g utilities to the subdivision Mr. Roger Zone, U. s. Regional Director of Bari-Service of Florida, was present and submitted to Council an alternate plan providing sidewalks on one side of Chatelaine Boulevard to Lake Ida Road and to the recreation area instead of sidewalks on one side of all streets in 'the subdivision. It. was pointed out that this alternate plan was presented to the Planning and Zoning Board but there was no action taken on it. After general discuss~_on, M~r. Scheifley moved to grant tentative ap- proval to this Final Plat with the understanding that t~e plat will not be signed until the required bond has been furnished by the developer and a legal agreement has been entered into concerning the financing for ex- tending utilities to the subdiyision, and meeting the reco~vunendation of the Planning and Zoning Board. The motion was seconded by Mrs. Martin and unanimously carried. 9.f. Council at its March 8th regular meeting referred to the Planning and Zoning Board a request from High Point of Delray, Inc., for a permit to erect two 9' x 16' temporary signs on leased land directly across West Atlantic Avenue from the entrance to the development. At its April 6th meeting, the Planning and Zoning Board unanimously recommended denial of the request on the grounds that approval woul. d open the door for similar requests, thus causing the main access to tine City to become a sign jungle· The Planning and Zoning Board's recommendation was unanimously sus- tained, on motion by Mr. Scheifley and seconded by ~'.~r. Youngblood. 9.g. The City Manager reported that Council, at its March 22nd meeting, referred to the Planning and 'Zoning Board a request from the First Federal Savings & Loan Association of West Palm Beach for abandonment of that part of the North-South alley in Block 108, located between Lots 1 through 4 and 8 through 13, in exchange for dedication to the City the South 16 feet of Lots 4 and 13. The Planning and Zoning Board at its April 6th meeting, unaimously recor~mended approval of the request subject to the full 16- foot width of the area to be abandoned being retained as a utility ease- ment. The City Manager recommended that Council sustain the Planning and Zoning Board's recommendation. The Planning and Zoning Board's recoPs~endation was sustained, as recom- mended, on motion by Mr. Youngb!ood and seconded by ~. Weekes. 10.a. The City Manager reported that the property located at 250 South Ocean Boulevard was placed on the nuisance list by Council at its March 8'th meeting, the nuisance being mob_ms o'sen ditch, weeds and tall growth and that the owner was allowed 'thirty days in which to abate said nuisance. Further, that it has been the policy of Council for the past several years~ that in the event a property o~er did not abate the nuisance during said thirty-day period of time, and bids were obta~ne~ by the City for abate- ment of said nuisance, the property owners were notified of the bids re.- calved and given an additional period of ten ~lays in which to abate the nuisance before the City le~ a contract for said work %o be done. He asked if it was the desire of Council, in regard to abatement of said nuisance at 250 South Ocean Boulevard, to give 'the owners an additional ten-day period of time or to award the ]_ow bidder a contract to abate said nuisance upon receipt of ~he bids. tn~ City Manager was z~.uthorzzea ho hax~e %he ......~o]~owin, g discussion, "' ~ _ ' ' nuisance abated en the subject property upon receipt of bids without al- lowing an additional ben-gay period of time. lO.a. The City Manager said there had been quite an exten{e~ discussion at the !~.s'c~ "' worksP~op ',m~et.lg~--:. ~ ~ re~ar~!'~ng. .~ ........ ~l~.:e propose~ ~devel~,Nm~nt~ cf Romi!! Heights sub~.{vis~r~n, ......... a multiole fam~iV zenec~' area in wh:~_ch '~-,c~.~.~:: o:.~:~, ..... ..... l~p~r ~ teSiPes 'ho bnile~ duplexes, with each side of the dup,_ex ~n~ ~' land u}:x}n wNi. ch ~-t is iocet~ed eeing owned by diffe~'c~}% ~divicA~a!s. N~, sa'j.d ~ ..... so this matter had been referred to the Planning and Zoning Board for study and recolm~endation, With the hope that our ordinance could be modified in such a way that it would not permit undesirable development realizing that some variation of the duplex development may be requested at a later date. The City Manager reported that he had received a request for extension of City water and sewer facilities to a five-acre tract adjacent to the City in Lot 6, Section 20-46-43 from Attorney E. Louis Fields, representing a firm from Broward County who holds F.H.A. co~nitments on said five-acre tract of land. He said this firm would be asking for annexation into the City and for an ordinance modification that would permit the type of devel- opment they have in mind, being 40 units with 4 to 8 units per building with each unit being under sepgrate o~ership. Mr. Fields was present and informed Council 'that the fi~ is willing to install the water and sewer facilities in that development at its pense without reimbursement of any kind, from where the City facilities are now located. Further, that the fi~ would agree to make an application to be annexed to the City when this type of development is permitted by the City Ordinances. Following lengthy discussion, Council referred this request to a work- shop meeting to be held after the Planning and Zoning Board have considered this type of proposed development at its next meeting on Tuesday, April 20th. i0.a. Regarding annexation of certain streets for installation of a water line to serve Fire Station No. 3, located on S. W. 12th Street, City Man- ager Mariott presented ORDINANCE NO. 11-71. ~ O~IN~CE OF THE CITY COUNCIL OF THE CITY OF DEL~AY BEACH, FLORIDA, ANNEXING TO THE CITY OF DEL~Y BEACH BENJAMIN AVE- NUE AND PARTS OF DIXIE BO~EV~RD AND S. W. 8TH AVEN~ IN PLAT 2 OF SOUTHRIDGE SUBDIVISION AS SHO~ ON PAGE 39, PLAT BOOK ].3, PUBLIC RECORDS OF P~M BEACH CO~TY, FLORIDA. Ordinance No. 11-71 was unanimously placed on first reading, on motion by Mr. Youngblood and seccnded by ~s. Martin. 10.a. The City Manager reported that a group of students -~o meet regular- ly at the Teen To~a~ Center have requested that the City replace said build- ing with a new building. He said that he had told them that it was his ]ud~_.n~ and he had so expressed to Council some time ago at a workshop meeting, that if the City continues to m~intain and operate Teen Town Cen- ter at that location the building should be replaced with 5 new building as soon as City finances pe~i%.~ Further, it had been his opinion at the t~e of said workshop meeting that the Teen To'~n Center building and the Public Works Comp]_ex are the two City faci!i~ies most in need of being~ replaced. Mayor Szun~ers said that nothing could be done on that item before budget time. Mr. Weekes asked if the replacement of that building could be a part of the Core, unity Improvement Program that the City is undertaking under the Federal ~vernment and the C{ty [~anager said t'hat it could possibly be and that he had attempte~ to e>~D!ain that in some detail to tn= group of students who had m~de the request. 10.a. City Manager Mariott read a letter ~ated April 12, !97!~ from Mr. Kenneth El!ingswo~-th, ~ ~ ~'~- Vi ident o Exeuuu .... e ce-Pres f the Delray Beach Chamber of Conm~erce~ co~mmend~ng variot'~s City employees for their cooperation and assistance during the Delray ~:ffair held on Friday and Saturday, April 2 H~ also r.e~d a ~ ............. A:oril ~, 197i, from ~_r Cl~renc~ Q. Jones, 5g especially Detective Billy Ward, in the apprehension of three armed robbers and murderers ~nconnecqion with %he tragic slaying of two citizens in a 7/11 Store in Boynton Beach. 10.b. The following "Bi. ils for Approval" were unanimously approved for payment, with the exeception of Pks. Martin objecting to payment of Invoice No. 8459, Benson Superior Building Maintenance, in the amount of $1,065.00, on motion by Mr. Youngblood and seconded by [~r. Scheifley. General Fund 3345,065.16 Water Operating & Maintenance Fund $ 18,519.97 Water Revenue Fund $ 84,337.51 Special Assessment Fund $ 1,434.64 Refundable Deposits Fund $ 1,035.00 Improvement Fund · ' ' $ 2.65 Utilities Tax Revenue Fund $ 5,440.00 Sewer Revenue Fund $ 50,000.00 Cigarette Tax Fund $ 10,047.72 Capital Improvements Construction Fund $ 35,616.96 The meeting adjourned at 9:25 P.M. HALLIE E. ~'RTES City Clerk AP PROVED: MAYOR 60-A AGREEMENT THIS AGREEMENT made and entered into this 13th day of April ..... , A. D. 1971, by and between CITY OF DELRAY BEACH ..................... a municipality existing under the laws or.the State of Florida, (hereinafter ~¢alled "The Municipality"), and DAVID L. REID, Palm Beach County. Tax Assessor (hereinafter called "The Assessor"), and C. E. McGEHEE, Palm Beach County Tax Collector (hereinafter called "The Collector"). WITNESSETH: WHEREAS, Section 167.437, Florida Statutes, requires the Tax Assessor of Palm Beach County to assess all property in all municipalities in Palm Beach County for the purpose of municipal property tax in 1971, and WHERE~S, SeCtion 167.4 7, Florida Statutes, requires the Tax Collector of .Palm Beach County to collect all municipal property tax for all municipalities in Palm Beach County in 1971, NOW, THEREFORE, 1~ The Assessor agrees with The Municipality as follows: a To perform all services required of the County Tax Assessor under Section 167.437, Florida Statutes, for The Municipality for the year 1971; b. To suppIy The Municipality with one copy of the Preliminary Assessment Roll; c. To supply The Municipality with one copy of the FinaI Tax Roll; d. To supply The Municipality with periodic up-dating of name and address changes; e. TO supply The Municipal'ity with any Error and Insolvency changes to the Final Tax Roll; and f. To supply The Municipality with a re-cap of the Final Tax Roll. ·, .~ 60-B 2. The Collector agrees with The Municipality as follows: a. To.perform all services required of the County Tax Collector under Section 167.43.~., Florida Statutes, for The Municipality for the year !971; b. To supply The Municipality with a detailed posting list showing paid items, net and gross, for The Munic'~pality; c. To distribute tax monies, collected to The Municipality on or before the 15th of November, the last working day of November, the 15th of December, the last working day of December and once each month thereafter for the remaining months of collection; d. To post a bond with goo~ and sufficient surety, in the amount of $50,000, conditioned to duly and faithfully account for the taxes required to be collected by him under Section 167.437, Florida Statutes. If The Municipality desires any additional surety bond, The Collector will provide s.uch addi'tional surety bond, The Municipality to pay the premium on any such additional bond requested. 3. The Municipality agrees with The Assessor and Collector as follows: a. To pay The Assessor a fee equal to .32 of one (1) percent of the total property tax levied by The Municipality b. To pay The Collector a fee equal to .28 of one (1) percent of the total-property tax Ievied by The Municipality in 1971; c. To pay said fees within fifteen days after being billed by The Collector and Assessor, said billing to be on or after January 15, 1972. 4. This Agreement will be construed under the existing laws of the State of Florida, and under any additional laws of the 60-C Sta6e of Florida that may become effective during the year 1971. 5. This Agreement will be effective only for the 1971 tax y ear: DAVID L. REID Palm Beach County Tax Assessor C. E. McGEHEE, Palm Beach County Tax Collector CITY.OF DELRAY BEACH Name of Municipality /s/ J. Eldon Mariott .Attest: By: Title: City Manager /s/ Hallie E. YateS Clerk 60-D RESOLUTION NO. 13-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ORDERING THE OPENING, GRADING AND PAVING OF THE NORTH-SOUTH SIXTEEN (16) FOOT ALLEY IN BLOCK 1, ROSEMONT PARK SUBDIVISION. WHEREAS, the City council of the City of Delray Beach, Florida, did, on the 22nd day of March, 1971, adopt Resolution No. 12-71 orderin~g the City Manager to prepare plans and speci- fications, together with estimate of cost of opening, grading and paving of the North-Sout~ s'ixteen (16) foot alley in Block 1, Rosemont Park subdivision to a width of sixteen (16) feet, and requiring said plans, specifications and estimate of cost of such improvement to be placed on file in the office of the city Manager, and WHEREAS, the City Council deems it to be necessary for the safety and convenience of the public to open, grade and pave said alley. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, that it is determined to make the following described improvement, to-wit: To open, grade and pave the North-South sixteen (16) foot alley in BlOck 1, Rosemont Park subdivision to a width of sixteen (16) feet, the total cost as estimated, for such improvement being $4,900. BE IT FURTHER RESOLVED that the entire cost of such improvement shall be borne by the owners of 'lands abutting thereon, by special assessment. PROPERTY DESCRIPTION ROSEMONT PARK- BLOCK LOT " " " 7 and 8 " " " 13, 14 and 15 " " " 20 ' " " " 22 60-E .....-... Page 2. RRSOLUTION NO. 13-71. , said benefits to be determined and prorated according to the front footage of the respective properties as set forth im- mediately above. BE IT FURTI~ER RESOLVED that said special assessments against $11 t}~e parcels of lands as set forth above which are specially benefited, shall be and remain liens superior'in dignity to all other liens, except liens for taxes, until paid, from the date of the assessment upon the respective lots and parcels of land assessed, and which shall bear interest at the rate of eight (8) per cent p~r 0annum, and which may be paid' in three (3)' equal yearly installments with accrued interest on all deferred payments. Payment shall be made to the City of Delray Beach, Florida, at the office of the City Tax Collector, and upon failur~ of any property owner to pay the annual in- stallment due, or any annual interest upon deferred payments, the City of Delray Beach may bring necessary legal proceedings by a Bill in Chancery to enforce payment thereof with all ac- crued interest, together with all legal costs incurred, includ- ing a reasonable attorney's fee. The total amount of any lien may be paid in full at any time with interest from the date of assessment. IT IS ORDERED that the city Council shall sit at the City Hall in the City of Delray Beach, Florida, at 7:30 P.M. on the 26th day of April, 1971, for the purpose of hearing objections, if any, on said proposed improvement, as set forth above. PASSED AND ADOPTED by the City Council of the City of Del~ay Beach, Florida, on this the 12th day of April, 1971. MAYOR ATTEST: 60-F RESOLUTION NO. 14-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH APPROVING THE PREPA- RATION AND SUBMISSION OF A CO~UNITY RE- nEWAL PROGRAM FOR THE CITY OF DELRAY BEACH, FLORIDA, AND THE FILING OF AN APPLICATION FOR A FEDERAL GRANT TO ASSIST IN FINANCING ITS PREPARATION. WHEREAS, under Title I of the Housing Act of 1749, as amended, the Secretary of Housing and Urban Development is authorized to make grants for the preparation or'comple- tion of Community Renewal Programs; and WHEREAS, Title VI of the civil Rights Act of 1964 prohibits discrimination on the basis of race, color or national origin under any program or activity receiving Federal financial assistance; and K~EREAS, it is desirable and in the public interest that the City of Delray Beach prepare a Community Renewal Program for the city of Delray Beach, situated in the County of Palm Beach and State of Florida, and being the entire area inside the corporate limits of the city of Delray Beach, Florida; and WHEREAS, it is recognized that the Federal contract for a grant to assist in the preparation of the Community -Renewal Program will require, among other things, (1) preparation by the city of Delray Beach of the Community Renewal Program with all practicable dispatch; (2) con- formance of the Community Renewal Program with the general plan of the Locality as a whole; (3) provision of the Locality's share of the cost of preparation of the Communi- ty Renewal Program; and (4) other local obligations and responsibilities in connection with the preparation Of the Community Renewal Program. NOW,'THEREFORE, BE IT RESOLVED BY THE CII~ COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: 1. That the preparation of the Community Renewal Program referred to above by'the city of Delray Beach is hereby approved. 2. That the financial assistance under Title I of the Housing Act of 1949, as amended, referred to above, is re- quired to enable the city of Delray Beach to finance the · preparation of the Community Renewal Program. 3. That it is fully cognizant of'the obligations and responsibilities that~ are imposed by a Federal contract for a grant to assist in the preparation of a Community Renewal Program, and that it is the sense of this body that such obligations can and will be fulfilled. 6 0-G~' . Page 2. RESOLUTION NO. 14-71. 4. That the filing of an application by the City of De!ray Beach for a grant under Title I of the Housing Act of 1949, as amended, in an amount not to exceed $57,107. to-assist in financing the preparation of a, Community Renewal Program for the Locality is hereby authorized and approved. 5. That .~he City's authorized representative for this Con%munity Renewal Program is J. Eldon Mariott, city Manager. PASSED AND ADOPTED by the City Council of the City of Delray Beach, Florida, on this the 12th day of April, 1971. ' MAYOR ATTE S T: City Clerk 60-H ORDINANCE NO. 9-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING PRESENTLY ZONED R-lA, R-tAA LOTS IN SECTIONS 1, 2, 3 and 4 OF TROPIC ISLE AND LOT 472 PRESENTLY ZONED RM-1 IN SECTION 4 OF TROPIC ISLE, IN "R-1AAB ~. INGLE .FAMILY DWELLING DISTRICT", AND AMENDING "ZONING MAP 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 Be~ch, FlOrida is hereby rezoned and placed in the "R-1AAB Single Family Dwelling District" as defined by chapter 29 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: Present Zoning Description of Property Classification Lots 1 thru 93 and Lots 105 thru 119, Tropic Isle Section No. 1. R-lA Lots 140 thru 244, Tropic Isle Section No. 2. R-1AA Lots 245 thru 318, Lots 331-thru 396 and Lots 417 thru 431, Tropic Isle Section No. 3. R-1AA Lots 432 thru 471, Tropic Isle Section No. 4. R-1AA Lot 472, Tropic Isle Sectio~ No. 4. RM-1 SECTION 3. 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 on the second and final reading on this the 12th day of April , 1971. ? MAYOR ATTEST: city Clerk : / First Reading March 22, 1971 Second Reading April 12, 1971