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10-11-71
OCTOBER 11, 1971. A ragu.Jar meeting of the City Council of the City of Deiray Beach was held in the Council Cha~bers at 7:30 P.M., with Mayor J. L. Saun¢]ers in the Chair, City Manager J. Eldon Mariott, Acting City Attorney John Ross Adam. s and Council. Members Grace S. ~iartin, james }t. Scheifley, Leon M. Weekes, and O. F. Youngblood being present, and City Attorney G. Robert Fellows being absent. 1. The Opening Prayer was delivered by Dr. Warren J. Ifubern. 2. The Pledge of Allegiance to the Flag of the United States of America was given. 3. The minutes of the regular meeting of September 27, 197]., were unani- mously approved on motion by Mrs. Martin and seconded by Mr. Youngblood. 4. Mrs. Martin asked that the City Manager write a letter of appreciation to Col. Theodore L. Poo!e, Jr., thanking him for his attendance at Council meetings during the past year when he was Chairman of the Planning and Zoning Board. Also, when unable to attend a meeting, he arranged~ for a representative of the Board to be present. 4. After reading in the Sun Sentinel on .Saturday that a Judge had ruled in favor of the City regar(ling the trailer at 250 South Ocean Boulevard, Mrs. Martin asked the status of this. The City Manager reported that at 5:00 P.M. he was informed by the Chief Building Official, Roy Reid, that he had been in conference today with City Prosecutor i. C. smith, in the City Attorney's absence, asking for direction on how to proceed with removing the trailer since the court had ruled in the City's favor. The City Prosecutor advised Mr. Reid that the proper procedure would be if Council wishes the trailer to be moved, to pass a motion authorizing the physical removal, and impounding of the trailer. After this, the building official would be able to order the trailer removed and stored by a moving company or some other party, at the expense of the trailer's owner. The Acting City Attorney suggested that a reasonable time be given the owner to remove the trailer, with the City' Attorney and City Prosecutor doing everything possible to have it removed. After conm~ents by the City Manager and the Acting City Attorney, Mr. Scheifley moved that this matter be referred to the City Manager and City Attorney to be handled in the most expeditious manner possible, with the desires of Council in mind. The motion was seconded by Mrs. Martin and unanimously carried.. 4. Regarding a letter received from the City Manager dated October 6th containing the names and addresses of 15 residents who have qualified as applicants for the FHA hom~es of Irving Stuart, Mrs. Martin reported that she had checked with the Chief Building Official, Roy Reid, and was inform- ed that the 15 houses had been inspected, and none of them were in such disrepair to be condemned. 4. Mr. Youngblood reported that he had received a complaint from Mr. Julius Gaines, 343 N. W. 7th Avenue, regarding children playing in the street in his neighborhood between 4.:30 P.M. and dark and asked that some- thing be done about this. 4. Mayor Saunders read a PROCLAi4ATION proclaiming Sunday, October 24, 19-71, as UNITED NA~i'IONS DAY anti presented same to Dr. John R. Westine, who was appointed Chairman for De!ray Beach. Dr.. Westine informed Council of the activities that churches, school, s, and civic organizations will. be holding on United Nations Day. -1- 10-11-71 5. Mr. Wally Gies, a coach and member of the Delray Rocks Booster Club, presented a letter dated October 11, 1971, to Council requesting the City to purchase a $100., full-page advertisement to help support the Delray Rocks Football team, said advertisement to be in the program book- let for the ].971 season. F~. Weekes moved that $100., .be appropriated for the purchase of the full-page advertisement, with such funds being taken from the Gen-- eral Fund Contingency Account. The motion was seconded by Mrs. Martin and unanimously carried. 5. -Former Councilman John L. Pitts, III, suggested that Council give special consideration to the possibility of bringing property from Military Trail to the Turnpike into the City's reserve area so that it may be. annexed. Mayor Saunders reported that special consideration has been given to this matter, but it will have to be presented %o the State Legisla- ture in February for approval in order to extend the City's reserve area. Further, that he has recently received suggestions that the reserve area be extended to State Road 441 instead of only to the Turn- pike. 6.a. The City Manager reported that in a letter dated September 23, 1971, Engineering Machine Company, Inc., submitted a bid of $1,500., for 14 trusses and 25 columns, owned by the City. On December 23, 1963, the City received a bid of $750., for 14 trusses and 28 columns (three have since been used) but that bid was rej.ected as being insufficient. He recommended that Council authorize the sale of the above named trusses and columns, after advertising same, in accordance with City Charter provis ions. Authorization was unanimously granted to sell the trusses and columns, after advertising same, in accordance with the City Charter provisions, on motion by Mr. Weekes and seconded by Mr. Youngb!ood. 6.b. Regular Members Charles W. Trieste and Cliff R. Van Treese and Alternate Members Theodore F. Roth and Milton E. Strong were unanimously appointed for three-year terms to the Contractors Board of Examiners, said terms to expire on October 9, 1974, on motion by Mr. Youngblood and seconded by Mrs. Martin. 6.c. City Manager Mariott reported that purchase of the refuse containers had been deferred at the last regular meeting at the City Manager's re- quest and that the following quotations have been received for selling the City fifty-one (51) refuse containers of various sizes: Item General Sani- Hesco, B & C Sanco Containers Can Corporation Inc. Products Co. Corporation (each) (each) (each) (each) 12 - 2 cu. yd. $170.00 $143.50 $130.00 $147.00 20 - 3 cu. yd. 205.00 165.50 171.00 170.00 8 - 4 cu. yd. 255.00 189.50 220.00 225.00 8 - 6 cu. yd. 384.00 269.50 306.00 3 - 8 cu. yd. 640.00 339.50 350.00 He recommended that purchases be made as underlined above, ali. of which are low bids except for the 8 - 6 cubic yard containers and the 3-- 8 cubic yard containers. The Hesco 6 and 8 cubic yard containers do not meet City specifications or desires, therefore, purchase of these con- tainers from B & C Products Company, the second low bidder, is reconnmend- ed and funds for the purchase of these containers are budgeted. -2- 10-11-71 These bids for the purchase of 51 refuse containers of various sizes were unanimously accepted, as recommended, on motion by Mr. Scheifley and seconded by Mr. Youngblood. 6.d. Concerning a survey of lands in violation of the City's nuisance laws presented by the City Manager, P~s. Martin moved that the City Clerk be inytructed to proceed with the enforcement of Chapter 15 of the City's Code of Ordinances, the motion being seconded by Mr. Scheifley and unani- mously carried. (Copy of the Nuisance Survey is attached to the official copy of these minutes.) ~ 7.a. Council acknowledged receipt of the Beautification Committee meeting minutes dated September 28, 1971. Regarding the development of two lots on South Ocean Boulevard which were purchased by the City for parking, the Beautification Committee re- quests that the City consider using a portion adjacent to the street for a landscaped Park area, also that all trees be saved. Mr. Scheifley moved that the City Manager and/or his representative consult with the Beautification Co~aittee concerning the landscaping of the two new parking lots to be developed by the City on South Ocean Boulevard. The motion was seconded by Mr. Youngblood and unanimously car- tied. Mr. Scheifley said that while attending this Beautification Committee meeting, he was informed by Mr. Davis, who is associated with a landscap- ing company doing business with the Stewart Arms Vanguard Project, that the City's landscape ordinance is superior and excellent and that the West Coast has nothing in the Tampa-St. Petersburg area to compare with this ordinance. Also, the City is far in advance of most cities in Florida With this landscape ordinance. 7.b. City Manager Mariott reported that the De!ray Beach Downtown Devel- opment Authority has requested that the City'-provide it with a map of the do%znto~.n~ area bound by the Atlantic Ocean, North 4th Street, West 5th Ave- nue and South 4th Street to a scale that would permit ready identification and analysis of individual parcels of land. He said the City does not have a base map f'rom which to make such copies, therefore, it is recor~nend- ed that $1,500., be appropriated from the city's General Fund Contingency Account for the purpose of securing aerial photographs at a "50" scale that would lend itself to this type use and would benefit both the Down- to%~ Development Authority and the City. The appropriation of $1,500., was unanimously approved for the pur- chase of an aerial map, with the funds to cover the cost of same being taken from the General Fund Contingency Account, on motion by Mr. Weekes and seconded by Mr. Scheifley. 7.c. Council was informed'that a request has been received from Mr. Cleveland Patterson for a gratis Occupational License for the purpose of selling worms for bait and in view of Mr. Patterson having furnished sat- isfactory evidence pe.r Section 16-4 of the City Code, the City Manager recommended approval of said request. The request for a gratis license was unanimously approved, as recom- men¢~ed, on motion by Mr. Youngblood and seconded by Mrs. Martian. 7.d. City Manager Mariott reported that a request has been received from Robert H. and George A. Wiebelt, 944 Cypress Drive, Delray Beach, for annexation of all of Lots 24 tl]rough 28, Block 37, DEL-RA~]3ON PARK Subdi- vision, per Pla:~ Book 14, Page 9, Public Records of Palm Beach County, located on the Northwest corner of the intersection of Avenue "C" and Florida Boulevard and also the North 2 feet of Avenue "C", adjacent to Lot 24, vacated and filed for record in Official Record 1165, Page 547, Public Records of Palm Beach County. He recomfnended that this petit-ion be referred to the Planning and Zoning Board for study and reconunendation. -3- 10-1]_-71 Said request for annexation was unanimously referred to the Planning and Zoning Board for study and recormrLendation, on motion by Mr. Youngblood and seconded by Mrs. Martin. Mrs. Martin suggested that after the P!annh~g and Zoning Board has submitted their recommendation to Council on such petitions, that' the annexation of the streets involved be incorporated into the same ordinance with the land, which would save an extra ordinance. 7.e. Council was informed that a p'etition has been received from Russell M. Wright, 15885 Woodward Avenue, Detroit, Michigan requesting annexation to the City all of Lots 12 and 28, Block 2, MODEL L~D COMPANY SUBDIVISION and part of Lots 13 and 29, plus a portion of Section 21, Township 46 South, Range 43 East, located between U. S. Highway No. 1 and the Intra- coastal Waterway, in an area South of Southeast 10th Street. The City Manager recommended that this request be referred to the Planning and Zoning Board for study and reconunendation. Said request was unanimously referred to the Planning and Zoning Board, as recommended, on motion by Mr. Scheifley and seconded by Mr. Youngblood. 7.f. Council unanimously accepted, with regret, the resignation of LeRoy W. Merritt from the Areawide Health Planning Council, per his letter dated September 13, 1971, on motion by ~~s. Martin and seconded by Mr. Youngblood and requested that a letter of appreciation be sent to him. Mayor Saunders reported that he had received a. letter from the Chair- man of the Areawide Health Planning Council requesting a meeting with the city Council in the near future, which letter contained several suggestions for filling the vacancy created by this resignation. 8.a. The City Manager presente~ ORDINANCE NO. 30-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEI~RAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND LYING IN SECTION 8, TC~WNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING TttE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAiD LAND; AND PROVIDING FOR THE ZONING THEREOF. 800 N. W. 6th Avenue (Copy of Ordinance No. 30-71 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. 30-71, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Scheifley and seconded by Mrs. Martin. 8.b. City Manager Mariott presented ORDIND2~CE N~. 33-71. AN ORDINANCE OF THE CITY COUNCIL OF ~HE CITY OF DELRAY BEACH, FLORIDA, REZONING ~37D PLAC- ING I~OTS 9 AND 10~ BLOCK 28, IN "C-2 GENERAL COMMERCIAL DISTRICT", AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1969". (Copy of Ordinance No. 33-71 is attached to the official copy of these minutes.) -4- 10-11-71 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. 33-71, said Ordinance was unanimously passed and adopted on this second and final reading, on motionby Mr. Weekes and seconded by Mr. Youngblood. 8.c. The City Manager presented ORDIHA/~'CE NO. 34-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY ? OF DELRAY BEACH, FLORIDA, ANNEXING CERTAIN PUBLIC RIGHT-OF-WAY KNOWN AS CONGRESS AVENUE BEING IN SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, BKtICH IS LOCATED IN THE DELRAY BEACH RESERVE AREA. (Copy of Ordinance No. 34-71 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. 34-71, said O~dinance was unanimously passed and adopted on this second and final reading, on motion by Mrs. Martin and seconded by Mr. Youngblood. 8.d. City Manager Mariott presented ORDINANCE NO. 35-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ~qENDING SECTION 26-1, CHAPTER 26, CODE OF ORDINANCES. OF THIS CITY INCREASING AND CHANGING RATES CHARGED PASSENGERS BY TAXICABS OR OTHER MOTOR VEHICLES TRANSPORTING PASSENGERS FOR COMPENSATION WITH- IN THIS CITY. (Copy of Ordinance No. 35-71 is attached to the official copy of these minutes.) Due to a possible conflict of interest, Mrs. Martin left the Council Chambers when this. item was presented and approved. 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. 35-71, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by' Mr. Youngblood and seconded by Mr. Weekes, with Mrs. Martin not taking part in said action. 8.e. The City Manager presented RESOLUTION NO. 34-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING PARTICIPA- TION BY LOC~J~ HOUSING OWNERS IN THE FEDERAL RENT SUPPLEMENT PROGRAM. (Copy of Resolution No. 34-71 is attached to the official copy of these minuteS.) The City Manager explained that since %he Vanguard Corporation plans to utilize a larger area on which to locate its projected Rent Suppleraent Program development than was originally planned and described in Resolution No. 21-71, previously passed by the City Council, it will be necessary for Council to pass an additional resolution describing the entire development area as it will actually exist. ~ -5- 10-11-71 Resolution No. 34-71 was passed and adopted on this first and final reading, on motion by Mr. Youngblood and seconded by Mr. Scheifley. Upon roll call, 'Mr. Scheifley, Mr. Weekes, Mr. Youngblood and Mayor Saunders voted in favor of the motion, with Mrs. Martin being opposed. 9.a. City Manager Mariott reported that on September 21, 1971, the Planning and Zoning Board'considered Preliminary Plats of L/R ACRES and QUALITY ACRES in DEL-RATON PARK Subdivision and agreed to table them. On October 5, 1971, the Board met and reviewed the Preliminary Plats and, with the City Engineer's approval, recommended approval of both Preliminary Plats. Council unanimously approved the Preliminary Plats of L/R ACRES AND QUALITY ACRES, ~s reco~.~m~ended, on motion by Mr. Youngblood and seconded by Mr. Weekes. 9.b. Council was informed that on December 5, 1970, the Planning and Zoning Board considered a request from William D. Adeimy for rezoning part of Lot 1, Block 1, MODEL LA,ND COMPANY SUBDIVISION, Section 21-46- 43, located at 124 S. E . 4th Street, from R-lA (Single F~nily Dwelling District) to C-2 (General Commercial District), at which time same was tabled. The City Manager reported that on October 5, 1971, this request was reconsidered and after a brief discussion, the Planning and Zoning Board unanimously reco~mmended that the r~quest be denied because it is not in keeping v¢ith existing surrounding uses nor the future land use plan. The Planning and Zoning Board's recommendation was unanimously sus- tained, on motion by Mr. Scheifley and seconded by Mrs. Martin. 9.c. Council unanimously sustained the Planning and Zoning Board's rec- ommendation to approve the site plan submitted by Dr. V. C. Norris for construction of a one-story medical office building on Lots 13 and 14, Block 6, A~fLANTIC GARDENS, 102 through 108 S. W. llth Avenue, subject to the Beautification Com~nittee's approval, on motion by Mr. ¥oungblood and seconded by Mrs. Martin. 9.d. ~he City Manager reported that Council, acting on the Planning and Zoning Board's recom_mendation, approved a site 'plan submitted by Dr. Edward Kiszka in 1970 for the construction of a medical office building on Lots 21 and 22, Block 12, DELL PARK, 213 through 222 N. E. 8th Street. The Planning and Zoning Board at a meeting held on October 5, 1971, voted unanimously to recomn~end approval of a proposed modification of Dr. Kiszka's plan which is considered a substantial improvement over the original plan. The changes are the relocation of the building entrance and in the parking and vehicular circulation provisions. No major changes are contempla'hed in landscaping, 'therefore, the plan was not sent back to the Beautification Committee. Modification of the s~![te plan was unanimously approved, on motion by Mr. Scheifley and seconded by Mr. Weekes. 9.e. City Manager Mariott informed Council that the Planning and Zoning Board at its October 5th meeting recommended approval of the site plan for CUSUMANO VILLAGE submitted by Dr. Frank~E. Cusumano for the develop- ment of 266 dwelling units in buildings varying from three to six stories in height. This development will be located on a 10-acre tract of land known as Tract "P" and Lots 1 through 8, TROPIC PALMS PLAT NO. 1 and Tract "4A", REPLAT OF A POi%TiON OF HIDDEN VALLEY SECTION 2, bound by the C-15 Canal,' Lindell Boulevard, and the Florida East Coast Railroad. Dr~ Cusumano was present, and the Architect for the project, Mro Charles Pawley, spoke in behalf of Dr. Cusumano, explaining the project. Messrs. Kenneth Jacobson, Chairman of the Planning and Zoning Board, and John L. Pitts, III, former Councilman, co~mnented on the site plan. The City Manager said that if the site plan is approved, Dr. Cusumano should sign the agreement with the City, First Federal Savings and Loan Association of Mi~mmi and. himself which was approved by Council on March 22, -6- 10-1.].-7]_ 161 1971 and executed by the City and First Federal Savings and Loan Associa- tion of Miami. Also, Dr. Cusumano should deposit with the City $25,000., for water and sewer service, as set forth in said agreement. The site plan was approved, as reco~mended, subject to the Water and Sewer Agreement explained by the City Manager, on motion by Mr. Weekes and seconded by Mr. Youngblood. Upon roll call, Mr. Weekes, Mr. Youngblood and Mayor Saunders voted in favor of the motion and Mrs. Martin and Mr. Scheifley were opposed. 9.f. The Site Plan submitted by McIfeon Construction, Peter E. Frichette, President, for construction of a 328-unit apartment development on approx- imately 22 acres lying in the South Half of Section 19-46-43, located just South of Delray Beach Highlands Subdivision, (Rainbow Homes), West- erly and adjacent to South Congress Avenue; Northerly and adjacent to S. W. 12th Street and Easterly and adjacent to the Lake Worth Drainage Dis- trict E-4 Canal was unanimously approved, as recommended.by the Planning and Zoning Board and Beautification Committee, on motion by Mr. Youngblood and seconded by Mr. Scheifley. 9.g. The City Manager reported that the Planning and Zoning Board. at its September 21st meeting unanimously recommended approval of the Site Plan submitted by Florida Palm-Aire Corporation, for construction of a 690-unit apartment development to be known as Delray Apartments, with a building height of one to two stories, subject to recormnendations of City Depart- ments and the Beautification Committee. Said project will be constructed on approximately 72 acres in the South Half of Section 19-46-43, lying West of the Lake Worth Drainage District E-4 Canal, South of Lowson Boule- vard, East of H©mewood Boulevard, if extended, and North of S. W. 12th Street. The City Manager said it will be necessary for the City and the Palm- Aire Corporation to enter into an agreement that provides for the financ- ing and construction of water and sewer facilities to serve the Palm-Aire development, which should be finalized and executed by both parties prior to the site plan being approved, and that the City and Palm-Aire have held a number of conferences regarding this subject and are now in agree- ment on the conditions of said water and sewer agreement. The Planning and Zoning Board's recom~Lendation was unanimously sustain- ed, subject to the Water and Sewer Agreement being satisfactorily executed, on motion by Mr. Scheifley and seconded by Mr. Youngblood. 10.b. Since Monday, October 25th is a legal holiday, the second regular Council meeting of the month was unanimously scheduled for Thursday, October 21st, on motion by Mr. Weekes and seconded by Mr. Youngblood. 10.b. Regarding 'the November 2nd election, Mr. Scheifley said he hoped that the officers of the Tropic t{arbor Civic Association will do as the Chamber of Commerce and. the Tropic Isle Civic Association has done and endorse the vote for the establishment of the Beach Erosion Control Dis- trict. 10.c. The following Bills for Approval were unanimously approved, with the exception of Mrs. Martin's objection to the payment of Invoice No. 10279 in the amount of $1,065o00 to Benson Superior Building Maintenace, on motion by Mr. Weekes and seconded by Mr. Youngblood. General Fund $134,759.98 Water Operating & Maintenance Fund 10,343.88 Water Revenue Fund 20,000.00 Utilities Tax Revenue Fund 5,440.00 Sewer Revenue Fund 25,000.00 Cigarette Tax Fund 17,373.72 The meeting adjourned at 9:25 P.Mo Hallie E. Yates APPROVED: City Clerk -7- 10-11-71 l~2-A ORDINANCE NO. 30-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND LYING IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WI{ICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. WHEREAS, JAMES T. PRILLAMAN is the fee simple owner of the property hereinafter described, and WI{EREAS, JAMES T. PRILLAMAN, by his petition, has consented and given permission for the annexation Qf said property by the City of Delray Beach, and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 185.1 of the City Charter of said City granted to it by the State of Florida: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TI{E CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the City Council of 'the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described tract of land located in Palm Beach County, Flerida, which lies contiguous to said City, to-wit: South 75 feet of West 101.59 feet of East 126.59 fee% of Northwest Quarter of Lot 3, Section 8, Township 46 South, Range 43 East, per Plat Book 1, Page 4, 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 described 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 hereby declared to be in Zoning District R-1AA, as defined by existing ordinances of the City of Delray Beach, Florida. SECTION 4. That the land hereinabove described shall immediately be- come subject to all of the franchises, privileges, ir~nunities, debts, obli- gations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be, and persons residing thereon shall be deemed citizens of the City of Delray Beach. SECTION 5. That if any word, phrase, clause, sentence or part of this ordinance shall be. declared illegal by a court of competent jurisdic- tion, such record of illegality sh~ll in no way affect the remaining por- tion. PASSED AND ADOPTED in regular session on the second and final readin¢, on the llth day of October , 1971. ~. · M'A Y O R ATTEST: City Cler%~ / '~t September 27 ~aT1 1.971. F~..,.s ~ Reading , ..... Second Re.mding %)ctober !1, 162-B ORDINANCE NO. 33-71. AN ORDINANCE OF THE CITY COUNCIL OF TttE CITY OF DELRAY BEAC~q, FLORIDA, REZONING AND PLACING LOTS 9 AND 10, BLOCK 28, IN "C-2 GENERal, COI~14ERCIAL DISTRICT", AND AMENDING "ZONING MAP OF DELRAY BEACH, -~ FLOR!DA, 1969". BE IT ORDAINED BY THE CITY COUNCIL OF TI{E CITY OF DELRAY BEACH, FLORIDA: SECTION 1. That the following described property in the ~.lor~_da is hereby rezoned and placed in City of Delray Beach, ' ' , "C 2 General Commercial District" as defined by Chapter 29 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: Lots 9 and 10, Block 28, per Plat Book ]., Page 3, Public Records of Palm Beach Coun'ty, ~ lo_~da. SECTION 2. That the Building Inspector of said City shall upon the effective date of this Ordinance change the Zoning Map of De!ray Beach, Florida, 'ho conform wifh the provisions of Section 1 hereof. PASSED AND ADO.,:_~ED in regular session on 'the second and final reading on this the llth day of October , 1971. ~AYOR ATTEST: First Reading Septem]oer 13, 1971. Second Reading October 11, 1971. ORDINANCE NO. 34-71. AN OtLDINANCE OF THE CITY COUNCIL OF THE CIrri OF DELRAY BEACH, FLORIDA, A~INEXING CERTAIN P~IBLtC RIGtIr£-OF-WAY KNOWN AS CONGRESS AVENLrE BEING IN SECTION 30, TOWNSHIP 46 SOUTH, ~{GE 43 EAST, WHICH IS LOCATED IN THE DELRAY BEACH RESERVE AREA. WHEREAS, the city Council of the City of Delray Beach, Florida, has previously been authorized to annex real property that is public or quasi-public'which is not subject %o ad va- lorem taxation; and WHEREAS, the city Council of the City of Delray Beach deems it to be in the best interest of the city to annex certain contiguous road right-of-way f~r the purpose of traf- fic control on a public street and making land contiguous in the city limits; NOW, THEREFOr, BE IT O~AI~D BY THE CI~ CO~CIL OF THE CI~ OF DEL~AY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City Council of the city of Delray Beach hereby annexes the 'following described right-of-way to said City: That portion of Congress Avenue in Section 30, Township 46 South, Range 43 East lying south ~ of the north right-of-way line of Germanto~ Road as now laid out and in use and north of the center line of Lake Worth Drainage Distri~ Canal C-15. Section 2. The corporate limits of this City is hereby amended to include the aforedescribed property. PASSED and ~OPTED in regular session on the second and final reading on the llth day of October , 1971. MAYOR First Reading September 27, 1971. Second Reading Oc?;ober 1!, 197].. ORDINANCE NO. 35-71. AN Ot~OINANCE OF TttE CITY COUNCIL OF CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 26-1, CHAPTER 26, CODE OF ORDI- NANCES OF Ti{IS CITY INCREASING AND CHANG- ING ~TES CHARGED PASSENGERS BY TAXIC.~S OR OT~R MOTOR ~_.HICLES TR~[SPORTING PAS- SENGERS FOR COMPENSATION WITHIN ~'HIS CITY. ~IYY COUNCIL OF THE CITY OF NOW, BE IT ORDAINED BY T[~ "' ' ~ DEL~Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 26-1, Chapter 26, Code of Ordinances of this city, be, and the same is hereby amended to read as follows "Sec. 26-1. Rates cna_ged passengers--Generally. Taxicabs or other mo%or vehicles transpor'ting passengers for compensation within the city, except motor buses or other motor vehicles operated on regu- lar schedule routes under or pursuant to certificates of public convenience and necessity, issued by the Public Service Conunission of the State of Florida, shall charge not in excess of the following amounts for transportation services: (a)For carrying one or two passengers, the following amounts: First half mile or fraction thereof .... $0.80 Each additional half mile or fraction thereof ....................... 0.30 (b) The charge per hour for waiting time shall not exceed .......... , ............ 8.00 (c) For carrying each passenger over two per trip ............................... 0.30 (d) Each pas~senger shall be al~lowed one i~em of hand ].uggage without additional charge, but each ihem in excess of one i~em per passenger may be Charged for at the rate of 'hwenty-five cents ($0.25) per iqem." Section 2. This ordinance is subject %o such application as ~he President's Executive Order on Stabilization may have on it, which order was based on the authority vested in the President by tZe Constitution and Statutes of the gniqed States, including the Economic Stabilization Act of 1970 (P.L. 91-379, 84 Stat. 799), as amended. PASSED and ADOPTED on second and final reading on the llth day of oc%ober , 1971. , MAYOR ATTEST: '- ~ ~.'. /..~ /~.' ~., ci~.y Clerk.,/ First Reading oe~.,t_~.~r 27, 1971. Second Reading Oc'kober 11, ig'z1. 162-E RESOLUTION NO. 34-71. A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF DEL[~\Y BEACH, FLORIDA, APPROVING PARTICIPATION BY LOCAL HOUSING OWNERS IN THE FEDERAL RENT SUPPLEMENT PROGRPXM. WHEREAS, under the provisions of Section 101 of the Housing and Urban Development Act of 1965, the Secretary of Housing and Urban Development is authorized to enter into contracts to make rent supplement payments to certain qualified housing owners on behalf of qualified, low-income families who are elderly, handi- capped, displaced, victims of natural disaster, or occupants of substandard housing; ' and WHEREAS, the provisions of said Section 101 cannot be made available to housing owners in certain localities unless the governing body of the locality has by Resolution given approval for such participation in the Federal Rent Supplement Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:- SECTION !. Approval is hereby granted for participation in the Federal Rent Supplement Program by qualified housing owners of property located at S. W. 8th Street, Delray Beach, Florida, and legally described as follows: The East 660 feet of Lot 19, Subdivision of Section 20, Township 46 South, Range 43 East, lying North of Delray Beach Heights Extension recorded in Plat Book 26, Page 83, Public Records of Palm Beach Coun'qy, Florida, less the East 44 feet of the South 100 feet, and less a tract described as follows: beginning at 'the Northwest corner of the East 660 feet of Lot 19, 'thence Southerly along the West line of the East 660 feet of Lot 19, a distanc~ . of 250 feet to a point, thence Northeasterly to a point on the North line of Lot 19, thence Westerly along the North line of Lot 19, a distance of 175 feet to the point of beginning; and the I~or%h 435.91 feet of the West Half of Lot 27, Section 20, Township 46 South, Range 43 East, as shown in Official Record 885, Page 1036, Public cords of Palm Beach County, Florida, being approximately 14.76 acres, more or less, located in Delray Beach, Palm Beach County, Florida. PASSED AND ADOPTED in regular session on this first and final reading, on 'this llth day of October, 1971. MAYOR AT.TEST: