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05-10-71 MAY 10, 1971. A 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. Eldon Mariott, City Attorney G. Robert Fellows and Council Members Grace S. Martin, James H. Scheifley, Leon M. Weekes and O. F. Youngbl.ood being present. 1. The 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 April 26, 1971, were unanimous- ly approved on motion by Mrs. Martin .and seconded by Mr. Youngblood. 4. Mr. Scheifley reported that the Palm Beach County Municipal League will conduct a meeting on Friday, May 14th, at 1:30 P.M., with the 15- member County Charter 'Commission as their guests and that the locatibn of said meeting has been-changed from the Flagler Museum to the Beach Club on North County Drive in Palm Beach. Further, the League will make a three-part presentation to the Commission, which is drafting a new County government. The first part of the presentation will be "Annexation and All Its Problems", to be presented by. Mr. Art Smith, former Planning and Zoning Director for the City and presently the Planning and Zoning Director for 'Riviera Beach; the second part of the presentation will be "Equitable Distri- bution of Revenues", to be presented by Mr. Fred Easley, former Mayor and present Councilman of West Palm Beach; and the third part of the. presentation will be "Discriminatory County Services", to be presented by Mr. George Frost, Town Manager of Palm Beach. 4. Mayor Saunders read a PROCLAMATION proclaiming May 23 through 29, 1971, as REALTOR WEEK, and presented said Proclamation to Mr. Paul Speicher, President of the Delray Beach Board of Realtors. Mayor Saunders also read a PROCLAMATION proclaiming May 10 through 15, 1971, as ARMED FORCES WEEK. 5. Mrs. Phyllis Carey, 524 Andrews Avenue, Secretary of the Community Child Care Center of Delray Beach, a non-profit organization, reported to Council and made ~requests. of Council as follows: "As I am sure you are all aware, the Community Child Care Center of Delray Beach f~r two years has been operating its program of child development for 40 disadvantaged 4 and 5-year old children in facili- ties generously donated by the First Baptist and First Presbyterian Churches. We do not provide just child care, but a stimulating envi- ronment, which emphasizes getting the child ready to succeed in school; reading readiness, number concepts, etc. We provide supervised free play, field trips, nutritious meals and snacks, and health care. There is no doubt in our minds that our program is successful; we can see from month to month the changes and the tJrogress the children make. One of our teachers has done a follow-up on our graduates of last year and has found that their present first grade teachers are enthusiastic about them. One teacher said she wished all of her pupils had had the opportunity of participating in our program. Ours was And still is a ~ilot project and our Board of Directors havebeen aware from the beginning that we are serving only a small fraction of the number of disadvantaged pre-schoolers in Delray Beach who need help. Also, our present facilities will probably be avail- able for only one more year. The problem is we have no place to go, let alone expand. We have searched for a suitable building to buy, -1- 5-10-71 lease, renovate, or move, but our search has been unsuccessful. Not only would having our own building give us one roof over our heads and enable us to expand, but it would make our whole operation more efficient from the standpoint of both the Board of Directors (all of whom are volunteers) and the staff. It is also possible that Title IV funds from the Social Security Act will be available to us for operating costs if we can show that we are expanding to serve more children. 'So you can readily understand how urgent our need is. The Community Child Care Center is set up as a non-profit corpo- ration, but w~.would like to seek Federal funding to construct a multi-service neighborhood building under the Neighborhood Facilities Program of the Department of Housing and Urban Development. Our first question, therefore, Mr. Mayor and members of the Council, is, would the' City apply for a multi-service building under the Neighborhood Facilities Program?' This program provides grants to help local public bodies finance development of neighborhood centers to serve low and moderate-income communities. These centers can bring neighborhoo~ residents a wide range of services and activ~tie? including health, educational, social and recreational programs. The grants may be used to help finance up to 75 % of the cost of a new building or to rehabilitate an existing structure. Grants for develop- ing a Neighborhood Facilities project are available to local public bodies and agencies. Non-profit organizations may not apply direct- ly, but may contract with an eligible applicant to own and operate the facil ity~ Secondly, would you be' willing to have the building constructed on the land already under lease to the Community Child Care center, if the land proves acceptable to the Federal government? The value of the land can be included as part of the local 25% matching funds. We are not asking the City to put up any money; we as an organization will conduct a building drive to raise the remainder of ~,the 25%. Thirdly, if the answers to the first two questions ar~ 'yes', would you approve our putting up a sign on the property leased to us identifying it as the future home of the Community Child Care Cen%er? I know you will have questions and members of our Board are here and, fortunately, Mr. Mariott is familiar with the Neighborhood~ Facilities Program. Thank you for your kind attention." Mr. Scheifley moved that Council answer all requests' in the af- firmative and to comply with the requests, as outlined, and to initiate the formality to start this program. The motion was seconded by Mr. Weekes and unanimously carried, with Mr. Youngblood, President of the Community Child Care Center, absent from the Council table. 5. Regarding her ~equest, at the last regular meeting, that the City Attorney check with the City of Palm Beach concerning their ordinance on the parking of trailers in the City, Mrs. Dorothea Montgomery asked if he had a report on same. The City Attorney reported that he did not contact the City of Palm Beach, 'and that the City of Delray Beach Planning and Zoning Board and the Planning Director are.working on an overall revision of the parking ordinance concerning trailers, boats and vehicle's. ' The City Manager reported that this revision, which f~s before the Planning and Zoning Board at this time, was referred to them by the Cit~ Councfl some time ago. 5. Mr. George.Marzen, Manage~r of the Grosvenor House, presented the fol lowing petition with approximately 315 signatures: "We the undersigned residents of the City of Delray Beach, wish %o make it known by this petition that we are against the proposed discontinuance of the Delray Beach City Emergency Fire Wagon." -2- 5-10-71 Said petition was filed with the City Clerk. This is in addition to the petition filed a.t the last regular meet- ing with approximately 1,400 signatures. 5. Mrs. Lucille Dobson reported that she had started a clean-up campaign for the City of Delray Beach, and that a week end ago, they cleaned a City block, collecting six truck loads of .trash, but that now, a week later', it is almost as bad as it was in the beginning. She appealed to Council to see if there is any kind of pressure that can be placed on the people res~._nsible for the littering. The City Attorney reported that in a few days he will be ready to meet with the City Manager on some type of an ordinance. Mr. Scheifley suggested placing policemen at different places to arrest the ones that are caught in the act of littering, but he was in- formed that there are not enough m.en .to do this. Mr. Scheifley asked if several things that were suggested, includ- ing the drafting of an ordinance, putting pressure on the property owners, installation of trash receptacles along West Atlantic Avenue, a clean-up drive, which'has already started, and the purchase of a machine that picks up cans, etc., are going to be done. In answer to Mr. Scheifley's question, Mr. Pitts said that his sec- tion of the Beautification Committee is going to recommend at the Beauti- fication Committee meeting Wednesday that the Council purchase one of these machines for the City at a cost of $875. 6.a. Mayor Saunders reported that. Mr. Mike Glantz requested that this item be deleted from the Agenda. A workshop meeting to consider this item was scheduled for Thursday, May 13th at 7:30 P.M. 6.b. Mr. Weekes reported that some time ago, Council discussed the possibility of purchasing some property on A1A with 127 front footage and approximately 600 foot depth for off-street parking, w~th the County, through their Beach Acquisition Funds, participating in the purchase of this property. He said that since that time, an agreement with the County Commission as to whether they would participate in that' purchase had not been reached. Further, this has .been discussed with the City Manager' who report- ed that there are sufficient funds available to cover cost of same, be- ing the Special Assessment Fund and the money recently received from the sale~of City property, to enable the City to purchase the entire property without the County's participation. Mr. Weekes suggested that the City go ahead and negotiate the pur- chase of the property in th~ amount of $254,000 for the City of Delray Beach, and at the same time continue negotiations with the County towards either reimbursin~ the City for half of the cost or working out some other arrangements so the City will receive half of the money invested. It was pointed out that this had been discussed with the County Attorney who said that it would be legal to do this and that it would not p~ejudice the County's position in participating with the City. Mr. Herbert Bernenko, 1225 S. Ocean Boulevard, suggested that thins property be on a "Pay As You Go Basis", by either installing parking meters or' permitting only residents of Delray Beach to use the parking facilities. After general discussion, Mr. Weekes moved that the City of Delray. Beach .proceed to enter into a Contract of Purchase for the two proper- ties under consideration tonight and that the City continue to work with the County toward getting their participation to the extent of 50% of the purchase price of ~his property. The motion was seconded by Mr. Youngblood and unanimously carried. Mayor Saunders requested that the closing date on this purchase be put off as long as possible in order that the City can negotiate with the County. -3- 5-10-71 6.c. The City Mana'ger reported that at its May 3rd w~rkshop meeting, Council discussed'a request, deferred from the April 26th regular meet- ing, submitted by Irving Stuart, Inc. for rezoning of a portion of their property, recently acquired from the City, from R-iA to R-1 in order to allow construction of an additional eight units. Mr. Scheifley said that in view of the fact that Mr. Danciu and Mr. Mintzer have cooperated in a very fine manner with the City on this plot of ground and especially in view of the fact that they have assured the City by letter that they are going to take first, only those applicants th~t.~_live in the right-of-way of 1-95 and, secondly, they will restrict applications t© residents of Delray Beach and only, last- ly, the residents outside Delray Beach, he would move that Ordinance No. 17-71 rezoning said property from R-lA to R-1 be placed on first reading. The motion was seconded by Mr. Youngblood and unanimously carried. . ~ . ORDINANCE NO. 17-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLAC- ING THE WEST 3/4 OF THE SOUTH HALF OF LOT 1, SECTION 20, TOWA~SHIP 46 SOUTH, RANGE 43 EAST, · IN "R-1 SINGLE FAMILY DWELLING DISTRICT", AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1969". 7.a. Regarding a request submitted by Mr. M. Lee Minter for annexa- tion of Lot 6, Lake Shore Estates, with R-1AA Zoning, the following Ordinance was unanimously placed on first reading, on motion by Mrs. Martin and seconded by Mr. Weekes. ORDINANCE NO. 16-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, NAMELY LOT 6, LAKE SHORE ESTATES, WHICH LAND IS CONTIGUOUS TO EX- ISTING MUNICIPAL LIMITS OF SAID CITY; REDEFIN- ING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. 7.b. City Manager Mariott reported that an 'application has been re- ceived from Mrs. Mary Jane Sollis, 1315 N. E. 8th Street, who has pur- chased the Bridge Restaurant, for transfer of Beer and Wine License No. 599, for consumption on the premises, now held by Mrs. Marion George Shortsleeves. He said the applicant has been investigated in the prescribed manner by the Police Department and approved, and recom- mended that the request be granted. Said request for license transfer was unanimously granted, on mo- tion by Mr. Youngblood and seconded by Mr. Weekes. 7.c. The City Manager reported that a request was submitted by Lake Ida Development Corporation for rezoning, from R-1AA (Single Family -Dwelling District) to RM-2 (Multiple Family Dwelling District) 'of approximately 37 acres of land~ in the Southwest Quarter of Section 8- 46-43, located 'on' the North side of Lake Ida Road between N. W. 8th Avenue and the E-4 Canal. Further, the developer plans to construct residential, garden-type rental apartments and recreation and medical care facilities for senior citizens. He recommended that said request be referred to the Planning and Zoning Board for study and a public hearing. Mrs. Martin asked if this pr.operty is close to the property on which the City is planning to have the Sewer Treatment Plant built? -4- 5-10-71 The City Manager reported that there is an overlap of a portion of this 37 acres and a portion of the land that the Consulting Engineers are recommending that the City consider purchasing, in addition to the City-owned property. He said that the Planning and Zoning Department is aware of this and certainly that will be taken into their consideration and their deliberations. Said request for rezoning was unanimously referred to the Planning and Zoning Board, as recommended, on motion by Mrs. Martin and seconded by Mr. Youngblood. 7.d Regardin~a request from Mr. Walter K. Hargreaves for annexation of Lot 17, First Addition to Kenmont, 917 McKee Lane, with RM-1 zoning, City Manager Mariott recommended that it be referred to the Planning and Zoning Board for st~udy and recommendation. Said request for annexation was unanimously referred to the Plann- ing and Zoning Board, as recommended~ on motion by Mr. Scheifley and seconded by Mr. Youngblood. ~ 8.a. The City Manager~ presented RESOLUTION NO. 15-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF AGREEMENT FOR A STORM DRAIN PIPE CROSSING THE FLORIDA EAST COAST RAILWAY COMPANY PROPERTY UNDER ITS TRACKS AT A POINT LOCATED 1,154 FEET SOUTHERLY FROM RAILWAY'S MILE POST NO. 317, AS MEASURED FROM JACKSONVILLE, FLORIDA. (Copy of Resolution No. 15-71 is attached to the official copy of these minutes.) Resolution No. 15-71 was unanimously passed and adopted on first and final reading, on motion by Mr. Youngblood and seconded by Mrs. Martin. 8.b. City Manager Mariott presented RESOLUTION NO. 18-71. A RESOLUTION OF THE CITY COUNCIL OF-THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABAN- DONING A PORTION OF LOT N, TROPIC PALMS PLAT NO. 1, CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 18-71 is attached to the official copy of these minutes.) Resolution No'. 18-71 was unanimously passed and adopted on first and final reading, on motion by Mrs. Martin and seconded by Mr. Weekes. 8.c. The City Manager presented RESOLUTION NO. 19-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRA¥ BEACH, FLORIDA, .VACATING AND ABAN- DONING A PORTION OF DEL-RATON BOULEVARD LYING WITHIN TROPIC PALMS PLAT NO. 1, DELRAY BEACH, FL ORI DA. (Copy of Resolution No. 19-71 is attached to the official ~copy 6f these minutes.) Resolution No. 19-71 was unanimously passed and adopted on 'first and final reading, on motion by Mrs. Martin and seconded by Mr. Scheifley. -5- 5-10-71 8.d. City Manager Mariott presented RESOLUTION NO. 20-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING FILING APPROPRIATE APPLICATIONS WITH STATE AND FED- ERAL AGENCIES FOR PUBLIC GRANT MONIES FOR CONSTRUCTION OF ADDITION TO SEWERAGE TREAT- MENT AND COLLECTION SYSTEM PROJECTS. (Copy of Resolution No. 20-71 is attached to the official copy of these minut~.) Resolution No. 20-71 was unanimously passed and adopted on first and final reading, on ~otion by Mr. Scheifley and seconded by Mrs. Martin. 8.e. The City Manager presented ORDINANCE NO. 12-71. ~ AN ORDINANCE OF.THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 5, SECTION 5-11, CODE OF ORDINANCES OF THIS CITY PERTAINING TO MISCELLANEOUS REGULATIONS CON- CERNING DAILY CHARGE FOR IMPOUNDED STRAY DOGS. (Copy of Ordinance No. 12-71 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. 12-71, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Youngblood and seconded by Mrs. Martin. 8.f. City Manager. Mariott presented ORDINANCE NO. 13-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 22, SECTION 22-4, CODE OF ORDINANCES OF THIS CITY PERTAINING TO THE FEE FOR ISSUANCE OF IDENTIFICATION CARDS. (Copy of Ordinance No. '13-71 is attached to the official copy of these minutes.) A Public Hea~ing 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, during which Mr. George Marzen, Manager of the Grosvenor House,Objectedto the fee being increased for identification' cards and asked the City Clerk to read Sections 22-1, 22-3 and 22-5, Chapter 22, Police Powers, of the Code of Ordinances regarding issuance of identification cards. The City Manager reported that cost of identification cards in some of the neighboring cities are as follows: Boca Raton, $1.00; Deerfield Beach, $2.00; Lake Worth, $1o50: Pompano Beach, $3.00; and West Palm Beach, $1.00. After gener~al .discussion, Ordinance NO. 13-71 was passed and adopt- ed on this second and final r~eading, on motion by Mr. Scheifley and sec- onded by Mrs. Martin. Upon call of roll, Mrs. Martin, Mr. Scheifley and Mayor Saunders voted in favor of the motion and Mr. Weekes and Mr. Youngblood were opposed. -6- 5-10-71 8.g. The City Manager presented ORDINANCE NO. 14-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH WITHERSPOON LANE LYING BETWEEN N. E. 9TH AVENUE AND PALM TRAIL. Ordinance No. 14-71 was unanimously placed on first ~eading, on motion by Mrs. Martin and seconded by Mr. Weekes. 8.h. City Manager Mariott presented ORDINANCE NO. 15-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRA'~ BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEAC~ CERTAIN LAND, NAMELY LOT 18, FIRST ADDITION TO KENMONT, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CI~TY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PRO- VIDING FOR THE ZONING THEREOF. Ordinance No. 15-71 was unanimously placed on first reading, on motion by Mrs. Martin and seconded by Mr. Scheifley. X. Mr. Weekes suggested that letters be written to residents in the Kenmont Area regarding annexation to the City and this item was re- ferred to a workshop for further consideration. 9.a. The City Manager reported that the Planning and Zoning BOard, at its May 4th regular meeting, after reviewing the Preliminary Plat of First Addition to Rosemont Park, Unit "A", submitted by Irving Stuart, Inc., unanimously recommended approval of this Preliminary Plat subject to certification by the City Engineer. The Preliminary Plat of First Addition to Rosemont Park, Unit "A" was unanimously approved subject to certification by the City Engineer, on motion by 'Mrs. Martin and seconded by Mr. Youngblood. 10.a. Rev. Semmie Taylor, representative of the Christian Movement for Civic Action, referred to a letter written some time ago regarding facts about the Police Department~ He requested that a meeting be ar- ranged in the near future to discuss certain facts about the Police Department. The Mayor reported that a letter had been mailed to Rev. Taylor asking for specifi'c information and asking that he. meet with the City Manager at some agreed upon time to discuss this matter. X. A special meeting was scheduled for Thursday, May'13, 1971, at 7:00 P.M., for the purpose of considering approval of agreements with High Point of Delray Builders, Inc., and Bati-Fleming Development Corpo- ration, with respect to water and sewer services. 10.b. The following "Bills for Approval" were unanimously approved for payment, wi~h the exception of Mrs. Martin objecting to payment of' InVoice No. 8750, Benson Superior Building Maintenance, in the amount of $1,065.00; 'also Invoice No. 8757,' R. C. Croft, Police Chief, in the amount of $65,00 which the City.Manager will take care of, on .motion by Mr. ~oungbtood a~d ~econded Mr. Weekes. -7- 5-10-71 76 General Fund $351,722.4'7 Water Revenue Fund 79,906.28 Water Operating & Maintenance Fund 10,343.45 Special Assessment Fund 286.26 Utilities Tax Revenue Fund 25,440.00 Refundable Deposits Fund 5,512.98 Beautification Fund 400.00 Utilities Tax Certificates, Principal & Interest Redemption Fund Water & Sewer Fund 51,975.00 Interest ~_Sinking Fund Water & Sewer Revenue Bonds, Series 1961 199,761.25 Utilities Tax Certificates, Principal & Interest Redemption Fund Utilities Tax Fund 28,980.00 Cigarette Tax Fun~ 22,788.10 Capital Improvements Construction Fund 19,001.99 The meeting adjourned at 9:10 P.M' HALLIE E. YATES City Clerk APPROVED: /S/ GRACE S. MARTIN VICE- MAYOR 76-A RESOLUTION NO. 18-71. A RESOLUTION OF TtEE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, vACATING AND ABANDONING A PORTION OF LOT N, TROPIC PAI~!S PLAT NO. I, CITY OF DELP~AY BEAC~H, FLORIDA. WHEREAS, the city Administration has recommended, for proper development and land utilization, the abandonment of a portion of Lot N,~ Tropic Palms, Plat No. 1, and WHEREAS, the city Council d~ems it to be in the best interest of the City to abandon said portion of Lot N, Tropic Palms Plat No. 1, and WHEREAS, a copy of this Resolution be sent to the First Federal Savings and Loan Association of Miami. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: That pursuant to Section Seven (7), Paragraph Three (3) of the Charter for the City of Delray Beach, Florida, it is hereby determined to vacate and abandon the following described property: That portion of Lot N, Tropic Palms Plat No. 1, according to the plat thereof recorded in Plat Book 25, Page 100 of the Public Records of Palm Beach County, Florida, lying within the following described property and containing an area of 0.028 acres more or less, to wit: Begin at the Northwest corner of said Lot A~, thence run S8°00'30"W along the Westerly boundary of said Lot A, a distance of 125.40 feet to the Southwest corner of said Lot. A, said corner also being the point of intersection with the Northerly right-of- way line of Lindell Boulevard as recorded in said Tropic P~lms Plat No. 1; thence run S81°59'30"E along the extension of the Northerly right-of-way line of ~aid Lindell' Boulevard over and across the right-of-way of said De!-Raton Boulevard for a dis- tance of 187.75 feet to a point of intersection with the Northwesterly boundary of said Lot N; thence continue S81°59'30"E along the extension of the Northerly right-of-way line of said Lindell Boulevard over and across said Lot N, a distance of 24 44 feet to a point of curvature of a curve to the left, havin~ for its elements a radius of 25.00 feet and a central angle of 90o01'05"; thence run Northeasterly along the arc of said curve to the !eft, an arc distance of '39.28 feet to a point of tangency with the Easterly boundary df said Lot N..' thence run N7°59'25"E along the Easterly ~o~ndary of said Lot N, a distance of 29.45 feet to ~he Northeast corner of said Lot N; ~_~,~.~.~ .... continue N7°59'25"E along the extension of %Y.c Easterly boundary of said Lot N, a distance of 76-B ~ Page 2. RESOLUTION NO. 18-71. 45.95 feet to a point of curvature of a curve to the left, having for its elements a radius of 25.00 feet and a central angle of 89°58'55"; thence run Northwesherly along the arc of said curve to the left, an arc distance of 39.26 feet to a point of tangency with the Easterly extension of the North- erl~ boundary line of said Lot A; thence run N81 59'30"W along the Easterly extension of said Northerly boundary line, a distance of 86.38 feet to a point on the Northerly boundary line of said Lot A; thence continue N81°59'30''W along the Northerly boundary line of .~aid Lot A, a distance of 125.79 feet to the point of beginning. PASSED and ADOPTED in regular session on this the 10th day of May, 1971. 76-C RESOLUTION NO. 19-71. A RESOLUTION OF THE CITY COUNCIL OF CITY OF DELR3~Y EEACI{, FLORIDA, VACATING A~D ABANDONING A PORTION OP DEL-RATON BOULEVARD LYING WITHIN TROPIC PALMS PLAT NO. 1, DELPJAY BEACH, FLORIDA· WHEREAS, the owner of Lot A, Tropic Palms Plat No. 1 according to the plat thereof recorded in Plat Book 25, Page 100, Public Records of Palm Beach County, Florida, has petitioned the City of Delray Beach for abandonment of that portion of Del-Raton Boulevard adjacent to his above described property, and WHEREAS, it has been recommended by the City Adminis- tration that said portion of Del-Raton Boulevard be abandoned, and WHEREAS, the City Council deems it to be in the best interest of the City to abandon said portion of Del-Raton Boulevard. NOW, THEREFORE, BE IT RESOLVED'BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: 1. That pursuant to Section Seven (7), Paragraph Three (3) of the Charter for the City of Delray Beach, Florida, it is hereby determined to vacate and abandon the following described r ight-o f-way - That portion of the right-of-way of Del-Raton Boulevard bounded by Lots A and N, Tropic Palms Plat No. 1, according to the plat thereof recorded in Plat Book 25, page !00 of the Public Records of Palm Beach County, Florida, lying within· th~ follow- ing. described property and containing an area of 0.298 acres more or less, to wit: Begin at the Northwest corner of said Lot A; thence run S8°00'30"W along the Westerly boundary of said Lot A, a distance of 125.40 feet to the Southwest corner of said Lot A, said corner also being the point of intersection with the Northerly right-of- way line of Lindell Boulevard as recorded in said Tropic Palms Plat No. 1; thence run S81°59'30"E along the extension of the Northerly right-of-way line of said Lindell Boulevard over and across the right-of-way of said Del-Raton Boulevard for a dis- tance of 187.75 feet to a po~int of intersection with the Northwes~ter!y boundary of said Lot N; thence continue S81°59'30''E along the extension of the . Northerly right-of-way line of said Lindell Boulevard over and across said Lot N, a distance-of 24.44 feet to a point of curvature ~of a cur~e to the left, having for' its elements a radius of 25.00 feet and a central angle of 90°01'05"; thence run Northeasterly alo.ng the arc of said curve to the left, an arc distance of 39.2.8 feet to a point of tangency with the Easterly boundary of said Lot N~ thence run N7°59'25"E along the Easterly boundary of said Lot N, a distance of 76-D ~ '~ Page 2. RESOLUTION NO. 19-71. 29.45 feet to the Northeast corner of said Lot N; thence continue N7°59'25"E along the extension of the Easterly Boundary of said Lot N, a distance of 45.95 feet to a point of curvature of a curve to the left, having for its elements a radius of 25.00 feet and a central angle of 89°58'55"; thence run Northwesterly along the arc of said curve to the left, an arc distance of 39.26 feet to a point of ~tangency with the Easterly extension of the Northerly boundary line of said Lot A; thence run NSl°59'30"W along the Easterly extension of said line, a distance of 86.38 feet to Northerly boundary a point on the Northerly boundary line of said Lot A; thence continue NSl°59'30"W along the Northerly bound- ary line of said Lot A, a distance of 125.79 feet to the point of beginning. PASSED and ADOPTED in regular session on this the 10th day of May, 1971. 76-E RESOLUTION NO. 20-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING FILING APPROPRIATE APPLICATIONS WITH STATE AND FEDERAL AGENCIES FOR PUBLIC GRANT MON- IES FOR CONSTRUCTION OF ADDITION TO SE~qER- AGE TREATMENT AL~D COLLECTION SYSTEM PROJECTS. WHEREAS, the existing city Sewerage treatment facility is operated at or' near maximum designed capacity; and WHEREAS, a large part of the developed City area and substantially all of the undeveloped areas do not have sewerage collection facilities yet available to them, and WHEREAS, growth and development of such areas are limited until 'the City can enlarge both the treatment and col- lection systems. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: SECTION 1. Application is hereby authorized to be made for public grant monies under both the Federal Public Law 660 Program, and the Florida Constitutional Amendment Pollution Control Bond Program under Chapter 70-270 of the Laws of Florida to assist in the expansion of both the existing city treatment and collection systems. SECTION 2. That the city Manager is hereby designated as the official representative of this City in regards to all such applications and documents. PASSED and ADOPTED in regular session mn this the 10th day of May, 1971. MAYOR ATTEST: City Clerk RESOLUTION NO. 15-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING Tt~ EXECUTION OF AGREE- MENT FOR A STORM DRAIN PIPE CROSSING THE FLORIDA EAST COAST RAILWAY COMPA- NY PROPERTY UNDER ITS TRACKS AT A POINT LOCATED 1,154 FEET SOUTHERLY FROM RAILWAY'S MILE POST NO. 317, AS MEASURED FROM JACKSONVILLE, FLORIDA. BE IT RESOLVED, by the City Council of the City of Delray Beach, a municipal corporation of the State of Florida, as follows: 1. That the city of Delra~ Beach, a municipal corporation of the State of Florida, does hereby con- tract and agree to enter into an agreement with the Florida East Coast Railway Company, wherein and whereby, said City of Delray Beach is given the right and privi- lege to install, construct and maintain a subgrade Storm Drain Pipe Crossing on Railway property, being a subgrade sixty-six inch reinforced concrete pipe for storm drain extending easterly and westerly across Railway's 100 foot right-of-way and under its tracks at a point in the center- line of the Southbound Main Track one thousand one hundred fifty-four (1,154) feet southerly from Mile post No. 317, as measured from Jacksonville, Florida, said subgrade storm drain to be installed in a 90 inch corrugated steel tunnel liner for a distance of 85 feet as measured from the easterly right-of-way line of Railway. Said location is shown on print as p~epared by Russell & Axon, Consulting Engineers, Inc., Project No. 5964-9a, dated March, 1971, and given Railway Plan No. 317-3-27, dated March 5, 1971, and is in the S. E-. 3rd Streeb 50 foot right-of-way. 2. That the Mayor with the 'attestation of the City Clerk, be and they hereby are authorized and directed to execute s~id agreement for and on behalf of said City of Delray Beach. 3. That this resolution shall take effect immediate- ly upon its passage. PASSED AND ADOPTED this 10th day of May, 1971. MAYOR ATTE S T: city Clerk / 76-G ORDINANCE NO. 12-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, A>IENDING CHAPTER 5, SECTION 5~11, CODE OF ORDI- NANCES OF THiS CITY PERTAINING TO MIS- CELLANEOUS REGULATIONS CONCERNING DAILY CHARGE FOR IMPOUNDED STRAY DOGS. WHEREAS, it is deemed in the best interests of the City of Delray Beach to increase the daily fee, due to in- creased costs, for animals that have been impounded. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: AS FOLLOWS: That Section 5-11, Chapter 5 of the Code of Ordi- nances of the City be amended to read as follows: "Sec. 5-11. STRAY DOGS TO BE IMPOUNDED- MIS CELLANEOUS REGULATIONS CONCERNING SAME. Any dog found upon the public streets or thoroughfares or other public places in the city in violation of any of the provisions of this chapter shall be impounded by the police department of this city. Such animal shall remain impounded for a period of five days duriqg which time the owner may secure the release of the animal by paying to the police department of this city a fee of one dollar per day for each day, or fraction thereof, the animal has been impounded, In addition thereto, if the animal has' not been inoculated against rabies and licensed by this city, the owner .must have the animal in- oculated and must purchase a city license for the animal before it can be released by the police department. If any animal remains in the custody of the city for more than five days, the owner thereof shall lose all right to the animal and the city shall proceed to~ dispose of same, either by sale to pay the charges against the animal, by turning the animal over to the Animal Rescue League, or other authorized agency." PASSED and ADOPTED in regular session on second and final reading on the 10th day of May , 1971. MAYOR ATTEST: . , ;~.~ i., , ~ .., .. .(-~ .... / z _.~ /: ,.,,,,. , , City Clerk First Reading April 26, 19'71. Second Reading May 10~ 1971. 76-H ~ ' ORDINANCE NO. 13--71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 22, SECTION 22-4, CODE OF ORDI- NANCES OF THIS CITY PERTAINING TO THE FEE FOR I-SSU~NCE OF IDENTIFICATION CARDS. WHEREAS, it is deemed in the best interests of the city of Delray Beach to increase the fee, due to increased costs, charged for the issuance or renewal of identification cards by the chief of police of this city. NOW, THEREFORE, BE IT ORDAII~D BY THE CiTY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: That Section 22-4, Chapter 22 of the Code of Ordi- nances of the City be amended to read as follows: "Sec. 22-4. SA~E-FEE FOR. A fee of two dollars· ($2.00) shall be charged for the issuance of each identification card or renewal thereof." PASSED and ADOPTED in regular session on this second and final reading on this 10th day of May , 1971. ATTE ST: i First Reading April 26, 1971. Second Reading May 10, 1971.