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06-14-71
JI/NE 14, 1971. A regular meeting of the City Council of the City of Delray Beach, was held in the Council Chaalbers at 7:30 P.M.s, with Mayor J. L. Saunders in' the Chair, City Manager J. Eldon ~ariott, Ci. ty Attorney G. Robert Fellows, and Council Members Grace S. Martin, J~anes H. Scheif!ey, Leon M. Weekes and O. F. Youngblood being present. 1. The Opening Prayer was delivered by Dr. Andrew Hall. 2. The 'Pledge of Allegiance to the Flag of the United States of America was given. 3 The minutes of the regular meeting of May 24-, ~nd special meeting of June 9, 1971, were unanimously approved on m. otion by Mr. ¥oungblood and seconded by Mr. Weekes. 4. .Mayor Saunders rea~ a Proclamation proclaiming June 20 through 26, 1971, as National Nursing Home Week. 4. Mayor Saunders introduced Miss Bonnie Jo Hertz, a Palm Beach Jr. College student, who. is observing Council tonight in connection with her course in Political Institutions. 5. Mr. Everett Palmatier, President of the Beach Property .Owners' Association, read an editorial from the Saturday issue of the Palm Beach Post Times regarding taxes and costs and supplying services to match unchecked population growth. He said the point's brought out in this editorial have a bearing on a couple of things that the Beach Property Owners' Association concerned themselves with recently in an Executive Committee meeting. He commented on the Barr Dunlop & Associates re- port and the cost of s~me. He mentioned the $40,000 promotional item in the budget for the Chamber of Con%~aerce and said the City has many priorities that exceed the business of trying to bring .people to Delray Beach. He said they are all concerned with adequate ~bulance service in the City and-~would support a City-operated ambulance service which is separate from the Fire Department and they felt.that the $40,000 budge.t item mentioned could easily be devoted to such a priority. Mr. 'Palmatier requested an explanation on the purchase of the Venetian 'Drive property which was authorized at. a recent special Council meeting· He .said tha~ the Beach Property O,~ners' Association will op- pose the. location of a f'ire house at that point. Also, that if this property, is paved and converted int. o a parking lot in an interim period. until the ultimate 'use is establishe.d, it will be difficult for them to accept. . Mr. Palmatier, speaking for himself as a citizen., said the Barr Dunlop & Associates report On transportation recorm~endation deals with four-way stop signs of which there are quite a number in the City. He reqlfested an early review and hopeful removal of the stop signs along Venetian and Seagate Drives,'Gleason·Street. and .Andrews Avenue, and said that the cross streets, in mo'st of these cases should remain stopped. Also, that he feels, that the 25~mite an hour speed limit should be en- forced and that the stop. signs a~e not an adequate ~and legitimate speed control device.. He explained how he felt the. flow of traffic should ·be in the' area of Hibiscus Road, 'S~agate Driv~ and A1A.' Regarding ~.~genda'I~em 6.d,., Mr. Palmatier requested 'that before the City spends $3,200 toward cutting an island on West Atlantic Avenue that someone prove that a left turn at the propo'sed island cut is less hazard- ous than a U-Turn at a green arrow out of a left-turn lane at the next light-controlled intersection west of the High Point location. He re- quested that Council deny this expense item until such proof is provided on a rel~.~tive hazardof these traffic movements, and if there is no -1- 6--14-71 investigation, he %~ould request that the developer be advised that he m,,.~st pay for such traffic access cost. Mayor Saunders said that the City Manager would write Mr. Palmatier a memorandum on the points he had brought up and discuss same with him. 5.· Mr. J. Arnold Carter, on beha!f of the Ro~ary' Club, presented City Council Members, City Manager.,. City Clerk and 'City At..t~orney with. Rotary'.s F6~r-Wa~ Test paper ~-eigt{ts. ' 6. a. City Manager Mariott presented the following bids that were re- ceived for certain items no longer needed by the. City and recommended that the' bid received for Item .No. 3 be rejected and that all other ~. items be sold to the 'high bidder: ' ITEM BIDS 1. Monroe Calculator, Model CAA-10. $ 40 2. Precise Electric Adding Machine. $ 10' 20 3. Approximately 40 tons scrap cast iron pipe, fittings .and hydrants. 5 4. Lawn mower blade sharpener, shop type. 25 5. Automotive type valve facing maChine and seat grinder. $75 100 150 6. Mobile 'office trailer, 8' x 30'. 75 100 7. Bicycle No. 1.- 6 Bicycle No. 2. 3 Bicycle No. 3. 6 B"icycle No. 4. 15 Bicycle No. 5. 2 Mrs. Martin moved that the high bid on each of the six items be approved and said items be sold to the highest bidder and that the bid on Item .No. 3 be rejected. T~e motion was seconded by Mr. Youngblood and unanimously carried. 6.b. The City Manager reported that Russell & Axon, the City's Consult- ing Engineers, recommend'that Council approve a change order substitut- ing Fairbanks Morse pumps for Byron Jackson pumps in the contract with Intercounty Construction Corporation for construction of the water'-plant. Further, the substitution wi.ll reduce the contract amount $8,000 -- from $1,825,000 to $1,817,000 and that he concurs with the recommenda- tion of Russell & Axon. Russell & Axon's recommendation was .unanimously approved, on motion by Mr. Youngblood and seconded by Mrs. Martin. (Copy of said Change Order No. 1 is .attached to the official copy of these m~nutes.) 6.c. City Manager Mariott recor~mended that transfer of funds in the amount of $895.00 be made from the General Fund Contingency Account to the City Hall Account for purchase of an air conditioner to replace an unrepairabte unit in the City Hall which serves the Engin~eering and Building Departments. Said transfer of funds was unanimously approved, as recommended, on motion by ~s. ~4artin and seconded by ~4f. Weekes. 6.d. Council was informed that High P~int of Delray Beach has request- ed that the City pay half the-cost (with H~gh POint paying the other' half) of cutting through the traffic island on West Atlantic Avenue opposi.te the entrance to their development. This cut, w~ich has been approved by the State D~partment of Transportation, ~¢ill enable east- bound traffic leaving High Point to reach the eastbound lane of Atlantic -2- 6-1-~-7 ~ Avenue without making a U-Turn, thus el~,~inating a potential traffic hazard.. Further, if Council desires to grant this request, which was informally agreed upon .at the June 2nd workshop meeting, fu.nds in the ~ount of $3,050, Should be transferred' from the General Fund Contingency Account to cover the City's share of th~ cost. Af.ter general disc'ussion, said request was unanimousl'y, granted with funds c'ove~ing half the 'co'st of same .in {he.amount Of $3,050, 'being tra~sferre'd from the GeneraI .Fund .Contingency.Accoun[, on 'mo~ tion ~by Mr. Weekes and seconded by Mr "Scheifley... '6.e. The City Manager reported that Council, at its Ju~e 2nd work- shop meeting, '.informally agreed to consider .authorizing the inStalla- tion of an 8-inch water line on South Federal Highway between Avenue . D and Lindell ·Boulevard, cost' of such pPojec~ being approximately · $20,000 and funds to cover cost of same being transferred from the Water and Sewer Fund .Contingency Account. Mr. Scheifley reported that an inquiry had been received from the Tropic Harbor Civic Association asking if they ·could tap into this' line to provide water, for beautifying Tropic Dr~ve which is the entrance to Tropic Harbor Condominium. The City Manager reported that the City presently has water at the intersection of South Federal Highway and Lindell Boulevard and that providing water for the usage mentioned by ~.~.r. Scheifley might either come from the present line or the newly-install, ed line. After general discussion, said installation was unanimously authorized, with the funds to cover co~t'of same being transferred from the Water and'Sewer Fund Contingency Account; on motion by Weekes and seconded by Mr. Youngblood. 6.f. City Manager Mariott reported that it is recon%mended, as was discussed at the June 2nd workshop meeting, ~hat Council consider transfer of funds in the amount of $3,500 from the General Fund Contingency Account to the Public Works Department to fund a clean- up program for the balance of the fiscal year. He said these funds would pay for hiring an. additional truck driver and would pay ten 14 to 16 year old students of the Delray Beach Junior High School Excep- tional Child Department $1.00 each per. hour, three hours a day, five days a week for approximately three and one-half months remaining in this fiscal year and that this crew, a driver and truck and the ten boys with tote bags, would traverse the public rights-of-way in the City picking up refuse. He further reported that the Palm Beach County School System would as.s%uneall liability and is to execute an agreement with the City to this effect, and that a presentation re- garding this program was made 'at the June 2nd workshop meeting by Mr. Thomas Sheehan, Special Education Department, Delray Beach Junior .High School. The program was unanimously approved, subject to the approval of the City Attorney and City Mana. ge~ concerning the liability agr. ee- ment with the Palm Beach County School Board, with funds t° cover the cost of same being transferred from the General~-Fund Contingency Ac- count to the Public Works DePartment, on motion by ~Lr. Scheifley and seconded by Mr. Weekes. 6.g. Council was informed that several requests from various parties and a. petition signed bt, the eton!crees at. the South COunty se~..].ng. ,_nstallation of atr ~n~e~.~o,-- of Congress Avenue and West Atlantic Avenue ]]ave been received by the City and following an investigation by both the City and the County Traffic Engineering Departments and the Department of %'ransporation,' along with the incidence of accidents and near accidents, indicates that a signal should be installed. The City ~4anager reported that the County has agreed to make the installation at no expense to the City, although this intersection is comDlete].y within, the C[ty, -3- 6-1 ~-71 provided the City p-ays for the materials, cost of same being approxi- mately $6,500. He recom.~mended that said installation be approved, wi~-h the cost of the materials being taken from the General Fund Contingency Account. ' Said installation of a traffic control signal was unanimously ap- proved with funds c©vering the cost of same, approximately $6,500, being taken from the G. enera! Fun,.i'Contingency ACcount, on. motion by Youngblood and seconded by Mr. Weekes. 6.h. Regarding the 'term of ~[rs. Clarence A. Plume as a Conm~issioner of the Delray Beach Housing Authority, which term expires on July 14, 1971, Council unanimously reappointed Mr-s. Plume for a' four-year term in eom, pliance with the provis.~ons of Section 421.05 of the Housing Authorities Law of the-State of. F16rida, on motion by Mr. Sche. ifley and seconded, by Mrs..Mart in. Mayor Saunders con%mended Mrs. Plume and other Commissioners of the' Delray Beach Housing Authority for all their work and. service as Conzmis- sioners. 6.i. The City Manager reported that at i~s regular meeting of June 8, '1970, Council considered a ~eport from the-Planning and Zoning Board concerning a request for rezoning of a 10-acre tract of land, also kno~m as the School Board tract, in Section 17-46-43 located between S. W. 2nd and 3rd Streets and S. W. 8th and 10th Avenues from R-1 (Single Family Dwelling District) to R!~I-1 (Multiple Family Dwelling District). He' said that the Board recommended denial of the request as it was their opinion that there was sufficient multiple family zoned land in the City and because the residents of the inm~ediate area objected to the rezoning and the Council passed a moticn at that m'eeting to 'table the request for six months. Further, when said request was reconsidered at the December 14, 1970, meeting, same was tabled for another six months and this period of time having expired, this item is before Council for reconsideration. Said request for rezoning was unanimously referred to the Planning an'd Zoning Board for further study in regard to what the Master Plan has for this area, on motion by Mr. Scheifl~y and seconded by Mrs. Martin. 7.a. Council acknowledged receipt of the Beautification Committee Meet- ing Minutes dated May 26, 1971. 8.a. Ordinance No. 18-71 providing for amendment to Section 105.4 of Section 9-1.2, Chapter 9 of the Code of Ordinances by adding a require- ment for furnishing of a Unity of Title Declaration as a prerequisite to obtaining a buzld~ng permit when more than one lot or parcel are combined to provide a building site of sufficient size to meet City re- quirements was referred to a workshop meeting at the May 24th regular meeting and due to the absence of Mrs. Martin at the June 2nd work- s.hop meeting, this item was deferred for further discussion. 8.b. City M~nager Marioqt presented ORDINANCE .NO. 19-71· AN ORDINANCE OF %I{E CITY COUNCIL OF THE CITY · ' DELRA¥ BEACH, FLORIDA, 'A~JNEXiNG TO THE CITY OF · ' 'DEL,RAY BEACH 'CERTAIN ~A~.D, · . . Nr~ZELY. LOT 17,. FIRST K.~,~,O~3T, .WHICH LAND IS CONTIGUous · T,O.EXISTING '~gGNI~CIPAL LIMITS OF SAID CITY; RE-~ DEFINI~,[G THE BOU~_,?DARIES OF SAID CITY TO INCLUDE SAID LA/qD; PROVIDING FOR THE RIGHTS A~D OBLIGA- TIONS .OF SAID LAND; AND PROVIDI~G FOR THE ZONING TItEREOF. 917 McKee Lane (Copy of Ordinance No. 19~71.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 obejction to .Ordinance No. 19-71, gaid Ordinance was unanimously passed and adopt, ed on this second and final reading, on motion by Mrs: Martin and seconded by Mr. Youngblood[ 8.c. The City Manager pi-esented ORDINANCE NO. 20-71~. AN ORDINA~CE' OF THE CITY .OF DELRAY BEACH, FLORIDA, PROVIDING ADDITIONAL PENSION' BENEFITS FOR POLICE OFFICERS ~EFORE' AFTER RETIREHENT: SAID PENSI'ON BENEFITS BEING IN ADDITION TO ALL PENSION BENEFITS AS OF THIS DATE AS PROVIDED IN CHAPTER ' 185, FLORIDA STATUTES, 1971. After general' discussion, Ordinance No. 20-71 Was' unanimously placed on first reading, on motion by Mr. Youngblood and seconded by Mr. Scheifley. , 8.d. City Manager Mariott presented ORDINANCE NO. 21-71. 'AN ORDINANCE OF THE CITY OF DELP~AY BEACH, FLORIDA· PROVIDING ADDITIONAL PENS~.ON BE~- EFITS FOR FIRE~EN BEFORE AND AF~£ER RETIRE- MENT: SAID PENSION BENEFITS BEING iN AD- DITION TO ALL PENSION BENEFITS .AS OF THIS DATE AS PROVIDEb IN C~APTER 175, FLORIDA ~TATUTES, 1971. Ordinance No. 21-71 was unanimously placed on first reading, on motion by Mrs. Martin and. seconded by ~-. Weekes. 9.a. Council was informed that the Planning and Zoning Board, follow- ing a review of the Final Plat of Rosem~nt Gardens, Unit "A", previous- ly called First Addition to Rosemont Park, Unit "A", submitted by Irving Stuart, inc., unanimously recomanend tentative approval of this Final Plat subject to certification by the City Engineer. The Final Plat of Rosemont Gardens, Unit "A", was unanimously ap- proved subject to certification by the City Engineer, on mo~ion by Mr. Youngblood and seconded by Mrs. Martin. Following questions by Mr. Scheif!ey, Mr. Danciu reported that out of 96 applicants for FHA Financing, 95 are Delray Beach residents with approximately 30 of the 66 orginiat 1-95 right-of-way residents in- cluded. Further, that when the applicants have been approved by FHA and have signed a contract, he will furnish the City Manager and the Building Official with a list of names and addresses of approved ap- plicants. ' ' Due to Rosemont Gardens, Unit "A", being usedas a dump site many years ago and construction not.being permitted until the soil test been completed, the City Manager reported that Mr. Danciu and his Associate have asked if the Planning and Zonin~ Board a~ its meeting tomorrow, could give approval o~ ~ _..: ...... _ ~ .... -Prel~m~.~ Plat as well as ten- tative appro~al of the Final' Plat of s~id Unit "B" He said if 'thi~ is permi'tted it wOuld enab!e Council to consider approval of both the Preliminary and Final Pla'ts at the next regular Council meeting and a!- low construction to be started.without further delay. ' There was some question, as to the legality of the Planning and Zoning Eoard considering both Plats at the same meeting and the City Attorney was asked to rcsearch this prior to the mceting of that Bo-nrd tomorrow. ~.lavor_ Sau.~d- ~- .=~s' said that a Special Council Meeting could be cull,x] ~f necessa~-y concer~ing approval o£ ~.:~.se Pl..:: .X. 'Mr. Scheifley mentioned that trash is being dumped in a lake, located in thA- De!ray Beach Reserve Areal directly across the street from the Fire Station on S. W. 12th Street and asked if something could be done about this. After general discussion, ~this item was referred to the City ~4an- ager for invest, igation and a report on same. 9.b. "City ~'~an-~ge'r bIariott reported tha~. at it-s june 1st meeting, the Planning. and Z'ohing Board.consi'dered a revised site plan for S~.' John'~ Primitive Bap.tis~ .Churhh locafed, on Z~he 1Jorthwe~t cor. ner of N.. W' 6th Avenue and ist_.Street, which?provides for the addition of 400 square feet on the existing parsonag'~ to be use¢l as a utility, room. He said the original sit~ plan was approyed by Council on June 1971, and inasmuch 'as the ch~'g i's very minor, this item is before ' Council for consideration. Said revised site plan was unanimously approved, on motion by Mr. Young'blood and seconded by ~_rs. Martin. 10.a. The City Manager reported that ~lr. Dan Burns 'of Dan Burns Oldsmobile, Inc., has requested abandonment of a por. tion of Avenue A in Del-Raton Park, adjacent to his prcperty an~ lying between Old Dixie and South Federal Highways. He recommended th'at the request be re- f'erred to the Planning and Zoning Board for study and recommendation. Said request for abandorament was unan.imously referred to the Plan.- ning and Zoning Board, as reco.~ended, on motion by. Mrs. Martin and seconded by Mr. Youngblood. 10.a. City Mana, ger Mariott presented RESOLUTION NO. 23-71. A RESOLUTION OF THE CITY COUNCIl, OF THE CITY OF DELP~AY BEACH, FLORIDA, AGREEING IN PRINCIPLE TO THE CREATION OF A COUNTY TkANSPORTATION AUTHORITY. (Copy of Resolution No. 23-71 is at.tached to the official copy of these minutes.) Due to the~e may being a possible conflict of interest on this item, Mrs. Martin left the Council Che~mbers and did not take part in the discussion or action taken on this item. Resolution No. 23-71 was unanimously passed and adopted on first and final reading, on motion by Mr. Scheifley and seconded by ~'ir. Youngblood, with Mrs. Martin not voting. 10.a. The City Manager presented ORDINANCE NO. 17-71. AN ORDiN~k~CE OF THE CITY COUNCIL OF THE CITY OF DELR~AY BEACH, FLORIDA, REZONING AND PLACING THE WEST 3/4 OF THE SOUTH }hALF OF LOT 1, S~.C~IO_N 20, TOWR~SH!P 46 SOUTH, RANGE 43 EAST, .IN "R-1-'SINGLE FAI~'!ILY DWELLING DISTRICT", AND ?a%:.ENDING !'ZONING ~IAP O~~ DELRAY BEACH, FLORIDA, (Copy of Ordinance No. 17-71 is attached to the off'icial copy of these minutes.) A Public Hearing having been legally ~dvertised in compliance with the la,..;s of the State of Flori¢]a and the Charter of the City of Delray Beach was held, and there being no ~bjection ~o Ordina'..:cc No. 17-71, said· Ordinance was unanimously passed and adopted on second and final reading, on motion by ~[rs. Martin and seconded by ~[r. Weekes. X. ~layor Saunders ~,nnou~'..ced that City Manager _~4ariott ~,,/i'll be on Station ~70]%~' evury Thurs~J. ay evening at ,8:20 P.~ for five mLnute.q. ;, Lhe Ci'hv z!et~'~rn(:'',~ ~o¥,..,~-,s Council ~:hat ehc~ co~rt case file~ about -' ~,~mol_~t~on of a p~.~iiy- censhructed bui.!{ing on McCleary S'[:Areet in Sectien 28-46-43 will go to 'trial on June 21, 1971. !0.b. The following Bills for Approval were unanimously approved for pav:ment, with the exception of :,~ ''~ o. Kartin objecting to payment of '!n~ v,~ice No o0nq, ~"~ ..... ~ ' ' ' ~ ~.;~:~ Herald, An the a.msunt of '$584 64 .... ~ ..... c .... IX'VO lee NO. 90?4, Bensen Superier Building Maintenance, in the amount of $1,065.00. General Fund $178,194.72 Water Operating & Maintenance Fund 12,334.84 Refundable Deposits Fund 8,850.00 Improvement Fund ''' 50,000.00 Utilities Tax Revenue Fund 20,440.00 Cigarette Tax Fund 25,047.72 Capital Improvements Construction Trust Fund 128,356.28 The meeting adjourned at 9:10 P.M. HALLiE E. YATES City Clerk APPROVED: 98-A CITY OF DELRAY BEACH PAL~.i BEACH COUNTY FLORIDA PROJECT NUblBER 6469-3 WATER WORKS LMPROV~ENTS SECTION I - WATER TREATi~iEN~f PLANT SUPPLEMENTAL AGREEbIENT NO. I CHANGE ORDER This agreement entered into this . 14th day of ,I~na . .., 1971, by and between the City of Delray Beach, Palm Beach County, Florida, as party ~'~ of the FIRST part, an~ Intercounty Construction Corporation, as party of the .SECOND part, as being a supplement'to'a certain Contract by and between the ~ ~ parties aforesaid, dated the 30th day of March , ~971, for the construction of Water Works Improvements, Section I - Water Treatment Plant in the City of Delray Beach, Palm Beach County, Florida. WITNESSETH: I. WHEREAS the party of the FIRST part desires to accept the substitution of pumps as manufactured by F~irbanks Morse and Company,'in accordance with the preliminary data attached hereto and made a part of this supplemental agreement, in lieu of the pumps specified, and · II. WHEREAS the party of the SECOND part has agreed tO a'reduction in the contract price in the amount of $8,000.00 for this substitution. SO~fMARY Original Contract Amount $1,825,000.p0 ' Total Deletion this Change Order . 8~000.,00 Adjusted Contract Amount $1,817,000.0'0 98-B III. THEREFORE, it is further agreed and understood'by both parties hereto that the contract time will not be e:<tended by this.change order and this change order shall not alter in any manner the force and effect of the original contract dated the 30th day of bfarch ~__, 1971, and the same shall stand in full force and effect in all respects, except as amended by chis agreement. ATTEST: II~fERCOUNT~ CONSTRUCTION CORPORATION "~> Title C?;.'~[:E D. ~ji'[[£ ' 'Authorized Officer r.o~, c~ ,~.,T SECRETARY Approved as to Corl'ectness ACCEF~ED BY and Form ~ CITY OF DE~Y BEACH City Attorney ~Mayor City MEnager City Clerk ~" ~C~5~NDED FOR APPROVAL RUSSELL & ~ON ~, CONSULTING ENGINEEr, INC. ,.~' .~.~ ~ .-~, ~c...~ ,./~.~.~ .... 98-C RESOLUTION NO. 23-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AGREEING IN PRINCIPLE TO THE CREATION OF A COUNTY TRANSPORTATION AUTHORITY. WHEREAS, there exists in Palm Beach County an immediate public need for modern efficient mass transportation facilities; and WHEREAS, this need is regionaI in nature and cannot practically. and economically be met on a city by city basis, nor can this need be presently met by private enterprise; and WHEREAS, the Palm Beach Transportation Committee, whose members· represent municipal, county, state, and user interests, has recom- mended that the Board of County Commissioners establish a county- wide transportation authority t~ be operated under the control of the County Commission and to be funded by fares, federal and state grants, and county matching funds; and WHEREAS, Chapter 71-14, Laws of Florida 1971, which took effect on May 5, 1971, authorizes Palm Beach County to provide public trans- portation systems; and WHEREAS, this city Council hereby determines that it is in the best interest of the citizens of the City of Delray Beach as well as all the citizens of Palm Beach County that the County Commission assume this responsibility on a regional basis and to operate, when feasible, public transportation systems within this municipality and all of the County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 'OF THE CITY. OF DELRAY BEACH, FLORIDA: SECTION 1. This city Council approves and agrees in principle to the creation of a County Transportation Authority with power to provide for mass transportation facilities in both the incorporated and unincorporated areas of Palm Beach County. SECTION 2. This City Council further agrees in principle that the County Commission shall create such an authority and operate it within the boundaries of this municipality and shall provide, when feasible, mass transportation facilities within this municipality, with said County-wide authority being funded by fares, County funds, state and federal matching funds and grants, and donations. SECTION 3. This city Council agrees to fully cooperate with the County to implement the formation of this County-wide authority, and. agrees to take whatever official actions are deemed necessary by the City Attorney to accomplish the purpOses aforesaid at. the earliest time. PASSED AND ADOPTED in regular session on this the 14th day of June, 1971. MAYOR AT .~EST: I,t-~,.,'_=.,.._... ,~ ~. ~L .~.. (. 5' '. .............. City Clerk// 98-D ORDINANCE NO. 17-71. AN ORDINA~NCE OF TH~ CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING %TiE WEST 3/4 OF THE SOUTH '~ HALF OF LOT 1, SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, IN "R-1 SINGLE FAMILY DWELLING DISTRICT", AND A~,.IENDiNG "ZONING ~AP OF DELRAY BEACH, FLORIDA, 1969". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELILAY BEACH, FLORIDA: SECTION 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the "R-1 Single Family Dwelling District" as defined by Chapter 29 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: The West 3/4 of the South half of Lot 1, Section 20, Township 46 South, Range 43 East. SECTION 2. That the Building Inspector of said City shall upon the effective date of this Ord~nance change the Zoning Map of Delray Beach, Florida, to conform with 'the provisions of Sec- tion 1 hereof. PASSED in regular session ~n the second and final reading on this the 14th day of June , 1971. !-'MAYOR ' ATTEST: City Clerk ~/ First Reading May 10, ]_971. Second Reading June 14, 1971. I63 , , 98-E ORDINANCE NO. ].9-71. AN ORDINANCE OF THE CITY COUNCIL OF TItE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO TIlE CITY OF DELRAY BEACH CERTAIN LAND, NAMELY LOT 17, FIRST ADDITION TO KENMONT, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; RE- DEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID ~ND; AND PROVIDING FOR THE ZONING THEREOF. WHEREAS, WALTER K. t{ARGREAVES and ANN t~RGR~VES, his wife, are the fee simple owners of the property hereinafter described, and WHEREAS, WALTER K. ~RGREAVES and ANN HARGREAVES, his wife, by their petition, have consented and given permission for the annex- ation of said property by the City of Delray Beach, and %'~EREAS, the City of Delray ~each 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 Ot~AINED BY THE CITY COUNCIL OF THE CITY OF DEL~Y BEACtt, 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: Lot 17, FIRST ADDITION TO I<ENMONT, according to plat thereof recorded in Plat Book 22, Page 24, Public Records of Palm Beach County, Florida. 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 tract of land hereinabove described is here- by declared to be in Zoning District RM-1 as defined by existing ordi- nances of the City of Delray Beach, Florida. SECTION 4. That the lands hereinabove described shall i~ediately 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 Be~ch. 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 reguiar session on the second, and final ~eading on the 14th day of June 1971 [~IA YO R ATTEST: City c ].,erk Fiu:t Reading: ~lav 24 .1~11 ~ -,~ , . Jun~ 14t]~ ................ , oeco:.c. 9eadlng