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01-12-70 JANUARY 12, 1970. A regular meeting of the City Council of the City of Delray Beach was held in the Council Cham~ers at 8:00 P.M., with Mayor J. L. Saunders in the Chair, City Manager David M. Gatchel, City Attorney Go Robert Fellows and Council members Grace S. Martin, John L. Pitts, III, James H. Scheifley and O. F. Youngblood being present. 1. An opening Prayer was delivered by Father Timothy Harmon. 2. The Pledge of Allegiance to the Flag of the United States of America was given. 3. Tl%e minutes of the Organizational meeting of January 5th, 1970, were unanimously approved, on.motion by Mr. Pitts and seconded by Mr. Youngblood, 4o City Clerk worthing read a letter from Mrs. John Rossiter to Mayor Saunders, dated January 9, 1970, concerning a meeting place for Alco- holics Anonymous as they will soon have to move from their present location. Mayor Saunders said the City does not have'facilities to accommo- date that organization, but he had requested this letter be read in the event someone in the audience may know of a location that would be suitable. 5. Mrs. Martin said she had been requested By the Masonic Lodge to ask about the placement ofanother Dempster Dumpster container some- where in the east-west alley in Block 69, between'South Swinton Avenue and S. E. 1st Avenue, which would make it more convenient'for their use after night meetings rather than having to go to.the already full container at the rear of the Economy Auto Supply Store. Mayor Saunders asked the City Manager to take care of this item. 5. Mrs. Martin said she had been a~ed about the white trash contain- ers on the streets, and that s~ke understands they are filled quite rapidly and are only emptied once a wee]:. She asked if they could be emptied oftener. City Manager Gatchel reported that some of those containers are emptied only once a week, and some are emptied oftener, but that he would check into same and provide better service. '5. Mrs. Martin asked how often Atlantic Avenue is swept with the street sweeper. The Director of Public Works reported that Atlantic Avenue is swept every morning with the exception of Sundays during the winter · months and every morning except Saturdays and Sundays during the re- mainder of the year, from State Road A1A to the Seaboard Railroad. 5. Mr. Pitts reminded Council that retiring Councilman James B. Wilson had said he was still interested in and would like to work on the Hous- ing Authority Committee when a local committee concerning same is ap- pointed. He suggested that Mr. Wilson and Rev. Semmie Taylor be considered for appointment to such a committee. 5. Mr. Pitts said that he had presented a plan at the last workshop meeting and would like to briefly restate said plan so that it would become a part of the minutes of a regular Council meeting. He proposed that the budgeted position of the Personnel Director be increased to $12,000. this year and the salary of the City Manager be reduced to $16,500. for this year, which would keep the budget in balance. He further proposed that Mr. R. D. Worthing take over the position of City Manager for an indefinite term, and that an Assistant City ~4anage= be hired at ~the budgeted salary of $~2,000. a Year in place of the proposed Personnel Director. Further, at any such time that Mr~ Worthing decides to retire, the .Assistant City Manager would be well versed in the policies of the City as expressed by its residents. He said he feels this plan would be good insurance against the continuous turnover of City Managers in this City. Mr. Pitts said he was reasonably sure that Mr. Worthing would not accept said position without unanimous consent of the COunCil, which is the reason he is taking this plan to the people of Delray Beach and asking them, if they are in favor of it, to call or write Mayor Saunders and so indicate. 5. Mr. Scheifley said that at one of the planned workshop meetings he would like to be brought up to date on the beach revetment wall liti- gation. 5. Mayor Saunders informed Council of an invitation to the Seacrest High School Football Banquet to be held Monday, January 19th at 6:30 P.M. 5. Mayor Saunders informed Council that the "Support of Churches Committee" of the Kiwanis Club had recently asked him if he would be in favor of a Mayors' Prayer Breakfast, the first of its kind to be held in the City. He said the Committee has now planned said Breakfast for February 26th at the Lions ~lub, to start about 8:00 or 8:15 A.M., and all members of Council are invited to attend. 5. Mayor Saunders asked if the planned workshop meetings for next week could be rescheduled on account of the Seacrest Football Banquet. Workshop meetings were scheduled for Wednesday, January 14th, and Tuesday and Wednesday, January 20th and 21st. 6.a. The City Manager said that in v~ew of the recent installation of Dempster-Dumpster disposal equipment in the City, there are now six surplus rear loader packer trucks and packer bodies which it is be- lieved should be offered for sale and disposal, subject to satisfac- tory bids for same being received. Further, should Council concur in this determination, authorization is requested for the administration to provide legal and widespread advertisement in the news media, offer- lng these six packers for possible sale, the public to be informed that Council reserves the right to reject any or all bids. Mr. Youngblood moved that the Administration be authorized to make the necessary arrangements for offering for sale the six packers, with the understanding that Council m~ accept or reject any or all bids. The motion was seconded by Mr. S~e~fley. Mr. Pitts asked if the~ was any reason for keeping one of the packers for emergency use. The City Manager said that since the City is equipped with an extxa train he believes that would be sufficient backup to the system. Fur- ther, he has been assured by the people this system was purchased from that additional packer trucks would be available on notice, in case of an emergency. Mrs. Martin suggested, keeping two of the packers, and said that she is not at all convinced on the economy or efficiency of the Demp- ster-Dumpster operation. She requested a report on the six-month oper- ation of ~this equipment with a comparable period of normal operation o5 the former System. Upon call of roll on the motion to advertise said packers for sale, the motion ~arried unanimously. 6.b. City Manager Gatchel reported that Seacrest High School'~ Foot- ball team has been determined the 1969 SUNCOAST CONFERENCE ChampiOns and the Carver High School Eagles the 1969 Champions in the state's CLASS "B" DIVISION. Further, Council pleasure concerning furnishing the players of these two championship teams with individual trophies and their respective schools a single master trophy, is requested, and subject to Council approval of such recognition,, estimated cost of pro- viding the trophies ~is $600.00, transfer of which should be authorized from the General Fund Contingency Account to Council Departmental Supplies Account. '~ Approval of purchase of said trophies and transfer of funds from the General Fund Contingency Account to cover cost of same, was unani- mously granted, on motion by Mr. Pitts and seconded by Mrs. Martin. 6.c. Mr. John W. Ray, Local Manager of the Florida Power & Light Com- pany, presented the City with a check in the amount of $112,978.07, covering Franchise Tax payment to the City of Delray Beach for the year ending December 4, 1969, showing an increase of 18.8 % over the previous year, which he said is indicative of the growth of Delray Beach. 7.a. The City Clerk informed Council of petitions having been received for reclassification of the following described tracts of land just south of platted Sherwood Park. TRACT 1. From R-1AA to RM-1 a strip of land adjacent to, and north of, the south line of Section 24-46-42. This parcel of land is the south 678.19 feet of the east 4047.79 feet of the south-quarter of said Section 24, less S. W. 12th Street right- of-way, and contains approximately.63 acres. TRAC.T...2. From R-1AA to RM-2, a strip of land being that part of the north-quarter of Section 9-5-46-42, lying north and east of Germantown Road right-of-way, less Lake Worth Drainage Canal right-of-way and approximately 3 acres in the southeast corner of said tract, and contains approximately 60 acres. Further, Council may deny these requests or refer same to the Plan- ning and Zoning Board for conducting a public hearing thereon, to be--- followed by the Board's recommendation to Council concerning said petitions. Said petitions were unanimously referred to the Planning and Zoning Board, on motion by Mr. Scheifley and seconded by Mr. Youngblood. 7.b. Council was informed that the Seventh Day Adventist Church requests the use of the Community Center Gymnasium at 8:00 P.M., January 17th, for the purpose of conducting a basketball game, wit}~ any. proceeds to go to the benefit of Church-recreational activities; further, this re- quest has been approved by the Director of Recreation, and it is re- commended that it be granted. Said request for use of the Community Center gymnasium was unani- mously granted, on motion by Mr. Youngblood and seconded by Mr. Pitts. 7.c. Council was informed of a request by the Business and Professional Women's Club for use of the Community Center gymnasium at 7:00 P.M., on February 28th, for the purpose of holding a card party, proceeds there- from to go to. the Child Care Center for educational purposes; further, this request has been approved by the Director of Recreation., and grant~ ing of same is recommended. Said request for use of the Community Center gymnasium was unani- mously granted, on motion by Mr. Pitts and seconded by Mr. Youngblood. 7.d. A request from the Seventh Day Adventist Church, for use of the Community Center auditorium on Tuesday, March 24th, for the ..purpose of holding an Easter Cantata "Behold YOur King" was presented. It was re- ported that proceeds from this Cantata are to be used toward the pur- chase of a bus for the Church, also the request has been approved by the Recreation Director. Said request was unanimously granted, on motion by Mr. Scheifley and seconded by Mr. Pitts. 7.e. The City Clerk informed Council that Mr. Zeke Bradley of 401 N. W. 'lst Street, Delray Beach, has acquixed the BlUe Chip Restaurant, formerly known as the Esquire Restaurant, located at 53 S. W. 5th Avenue, and requests transfer of the current License No. 763, issued to the previous owner, for Beer and Wine - Consumgtion on and off the premises. He also informed Council that Mr. Bradley has been investigated in the prescribed manner by the ,Delray Beach and State Beverage De- partment officials, and it is recommended that the transfer of said License permit be granted. The transfer of said License No. 763 was unanimously ~granted, on motion by' Mr. yoUngblood and seconded by Mr. Pitts. S.a. City Clerk W°rthing presented RESOLUTION NO. 2-70. A RESOLUTION OF TH~ CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE NORTH-SOUTH DEDICATED ALL~Y IN BLOCK 66. (Copy of Resolution No. 2-70 is attached to the officia1 copy of these minutes.) See page 16-A. i Resolution No. 2-70 was unanimously Passed and adopted on this first and final reading, on motion by .~dr. Scheifley and seconded by Mr. Pitts. 8.b. The City Clerk presented ORDINANCE NO. 45-69. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LOTS 346 THROUGH 374 INCLUSIVE, LOTS 389 THROUGH 405 INCLUSIVE, LOTS 420 THROUGH 438 INCLUSIVE, LOTS 453 THROUGH 47~ IN- CLUSIVE, 'AND LOTS 488 ~OUGH 500 INCLUSIVE, !~PIC PALMS PLAT NO. 1, DELRA¥'BEACH, FLORIDA, IN "~-1 MULTIPLE FAMILY ~.'~LLING DISTR~T", AND A~4ENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1969". (Copy of Ordinance No. 45-69 is attached to the official copy of these minutes.) See page 16-B. 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. 45-69, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. YoungblOod and seconded by Mrs. Martin. 8.c. The City Clerk presented O~NANCE NO. 46-69. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AN~EXIN~ TO THE CITY OF DELRAY BEACH CERTAIN LAND, NAMELY LOT 56, LAKE SHORE ESTATES, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING T~ BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND~ AND PROVIDING FOR THE ZONING THEREOF~ 2001 N. W. lst.Avenue (Copy of Ordinance No. 46-69 is attached to the official copy of these minutes.) .See page 16-C. 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 ~eld, and there being no objection to Ordinance No. 46-69, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Scheifley and seconded by Mr. Young~!ood. ~4- 1-12-70" 8.d. City Clerk Worthing presented ORDINANCE NO. 47-69. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORID;~, AMENDING SUB-SECTION (C)i~ SECTION 29.-7, CHAPTER 29 OF THE CODE OF ORDINANCES OF THIS CITY PER- TAINING TO BUILDING HEIGHT REGULATIONS IN RM-1 MULTIPLE FAMILY DWELLING DISTRICT, (Ordinance No. 47-69 is attached to the official copy of these minutes.) See page 16-D. A public hearing having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach was held, and there being no objection to Ordinance No. 47-69, Mr. Scheifley moved that said Ordinance be passed and adopted on this second and final reading, the motion being .seconded by Mr. Youngblood. Following discussion and upon call of roll, Mrs. Martin, Scheifley, Mr. Youngblood and Mayor Saunders voted in favor of the motion, and Mr. Pitts was opposed. 8.e. The City Clerk presented ORDINANCE NO. 48~69. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING CERTAIN DEDICATED RIGHT-OF- WAY NOT PREVIOUSLY CONTAINED IN ANNEXATION OF LANDS BY THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Ordinance No. 48-69 is attached to the official copy of these minutes.) See page 16-.E. 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. 48-69, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mrs'. Martin and seconded by Mr. Pitts. 8. f. City Clerk Worthing presented 'ORDINANCE NO. 1-70. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LOTS 1 THROUGH 7 INCLUSIVE AND LOTS 10 THROUGH 14 INCLUSIVE, LIBERTY HEIGHTS SUBDIVISION, IN "R-IA SINGLE FAMILY D~'~ELLING DISTRICT", AND A~4ENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1969". Ordinance No. 1-70 was unanimously placed on first reading, on motion by Mr. Scheifley and seconded by Mr. Youngblood. 8.g. The City Clerk.presented ORDINANCE NO. 2-70. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, NAMELY LOT 51, DELRAY BEACH SHORES, ~'~HICH 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. 1003 Brooks Lane Ordinance No. 2-70 was unanimously placed on first reading, on motion by Mr. Youngblood and seconded by Mr. Pitts. 9.ao Concerning employment of Planning conSultants, the City Clerk reported to Council as follows: "As recently directed by Council, the Planning and Zoning Board met with various consulting firms in an attempt to determine qualifications of personnel, methods of presentation, services offered, past clientele, etc., relative to obtaining a City Planning Consultant. At a special meeting of the Board, held on December 29th, with six members present, it was unanimously recommended that the Council pro- vide for emploYment of Bart, Dunlop & Associates, Inc., of Tallahassee, in the capacity of City Planning Consultants. Concerning such Consultants' services, the Board further recommends Council approval, subject to emploYment' of the above named professional planning consulting service, of the following schedule of priorities to be followed, 1. ~estward Expansion Area. 2. Central Business District. 3. Review and Recommendations on Remainder of City. Council pleasure concerning employment of the recommended firm of Bart, Dunlop & Associates, Inc., is requested," Mr. Pitts referred to a letter, dated January 5, 1970, fr°m Mr. E. P. Palmatier, concerning Urban Planning, and said that he would like to have one more meeting with the Planning and Zoning Board to go over some of the items in said letter before action is taken concern- ing a Consultant, Mr~ Pitts then moved that this item be tabled for one more workshop meeting, the motion being seconded by Mrs. Martin and unanimously car- ried. Mayor Saunders asked that each member of the Planning and Zoning Board be furnished a copy of Mr. Palmatier's letter in order that they might study same ~nd answer questions and make recommendations at the workshop meeting. 9.b. The City Clerk presented the planning and zoning Board report concerning proposed development plans for Lots 12 thru 19, Block 12, Osceola Park, which Site Plan relative thereto was reviewed by Council and the Planning and zonin~g Board at a recent workshop meeting. He reported that said plans .~sist of two 2-story buildings and one 3- story building, totaling 40 dwelling units, 68 parking spaces and ex- tensive beautification, and that the Planning and Zoning Board recom- mend approval of the Site Plan. Said S~te Plan was approved, as 9resented, on:motion by Mr. Pitts and seconded by Mr. Youngblood. 10.a. Rev. Semmie Taylor asked what progress is being m~de regarding obtaining a traffic light on South Swinton Avenqe at 10th Street as that is a very dangerous intersection. city Manager Gatchel reported that a request had been made for a school zone crossing at that' location by pa~ents of school children, and said matter had been referred to the Engineering and ~olice Depart- ments, followed by recommendations for signing and striping a school crossing to be attended, if attended by anyone, by the County people employed to' handle the school crossings for Pinegrove Elementary School, Mr. Scheifley reported that he had received complaints of vegeta- tion blocking the view of motorists at that intersection, and asked that the city Manager 1oak into same. 10.a. Mr. Cary Carr of the Delray Beach Jaycees requested permission for that organization to use the Stet%lng Ball Field on West Atlantic Avenue for a Donkey 'Bas,ball Game with the V.F.W., on March 1, 1970, at 2:00 P.M. ~. Said request was unanimously granted, on m°tion by Mr. Youngblood and seconded by Mr. Pitts. 10.a. MrS. Helen Voit asked if it could be considered, and the re- action of the public obtained, on the City operating under a salaried ~1ayor rather than the City Manager form of government. Mayor Saunders said a research could be made on how many cities the size of Delray Beach use the Mayor-Council form of government, and the subject could be discussed at a workshop meeting. 10.b. Mr. Youngblood asked Mayor Sa%Lnders if he had received a letter from the National Office saying to. observe January 15th in memory of Dr. Martin Luther King's bit.day. May~r Saunders reported he had not 10.b. Mr. Scheifley referred to Ordinance No. 47-69, passed and adopt- ed tonight, regarding building height limit in RM-1 Zone and said he hopes that is not the final decision on that item, but just a stop-gap measure. He suggested changing the parking requirements from 1.7 to-2 park- ing spaces per multiple dwelling unit, and said he does not think this should wait until a Master Plan has been prepared, but hopes that rec- ommendations for same come from the Planning and .Zoning Board in the very near future -within the next thirty days. 10.b. City Clerk Worthing presented RESOLUTION NO. 3-70. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE LEGISLATIVE DELEGATION OF PALM BEACH COUNTY, FLORIDA, TO PRESENT CERTAIN BILLS BEFORE THE 1970 SESSION OF THE FLORIDA LEGISLATURE AMEND- ING THE CHARTER .OF THE. CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 3-70 is attached to the official copy of these minutes.) See pages 16-F & G. The City Clerk reported there would be a Public Hearing on said proposed LEGISLATIVE BILLS at the next regular Council meeting. Resolution No. 3-70 was unanimously passed and adopted on this first and final reading, on motion by Mr. Scheifley and seconded by Mrs. Martin. 10.b. Mayor Saunders requested that the City Manager arrange a meeting with the County Housing Authority within the next two weeks, in order that some definite plans may be made by Delray .Beach concerning a Housing Authority. 10.c. City clerk Worthing presented the following Bills for Approval: General Fund $ 556,551.66 Water Revenue Fund 177,682.16 Special Assessment Fund 535.45 Refundable Deposits Fund 4,901.31 Beautification Fund 566.05 Utilities Tax Fund 2,452.48 Cigarette Tax Fund 11,027o43 Capital Improvements Construction Fund 6,877.80 The Bills were unanimously approved for 9ayment, on motion by Mr. Youngblood and seconded by Mr. Pitts. Mr. Pitts requested of the city Manager that each Council member be sent a copy of a letter, dated December 17th, 1969, from Glace and Radcliffe Consulting Engineers, concerning their last bill to the City, as a matter of information. The meeting adjourned at 9:25 P.M. APPROVED :~~ City Clerk ~'a Y 0 R -7- 1-12 ~-?0 16-A RESOLUTION NO. 2-70. A RESOLUTIO~ OF THE CITY COUNCIL OF T~E CITY OF DELRAY BEACH, FLORIDA, VACATIN~ AND ABANDONIN~ THE NORTH-SOUTH DEDICATED ALLEY IN BLOCK 66. WHEREAS, owners of properties abutting the North- South Alley in Block 66, as appears in Plat Book 2, Page 81, Public Records of Palm Beach County, Florida; and WHEREAS, the North-South dedicated alley in said Block 66, being 16 feet in width, and extending 400 feet southerly from the North line of said Block, has never been opened nor used by the City of Delray Beach, and is deemed not needed by the City; 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, Flor.ida, it is hereby determined to vacate and abandon any title and in- terest in and to the property described below, SUBJECT tO the City of Delray Beach being furnished a perpetual easement for the installation of sewage collection system pipelines, wi~h full and free right, liberty and authority to enter up- on and install, operate and maintain such utilities, in, up- on and thru the following described parcel of land: That portion of the North-South Alley in Block 66, lying between Lots 1 thru 8 and Lots 9 thru 16, as shown on Plat thereof, said Plat being recorded in Plat Book 2, Page 81, of the Public Records of Palm Beach County, Florida. PASSED and ADOPTED in regular session on this the 12th day of January, 1970. /S/ J. L. S aunders ATTEST, /S/ R. D. Worth~nc~ City Clerk 16-B ORDINANCE NO. 45-69. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LOTS 346 THROUGH 374 INCLU- SIVE, LOTS $89 THROUGH 405 INCLUSIVE, LOTS 420 THROUGH 438 INCLUSIVE, LOTS 453 TRHOUGH 473 INCLUSIVE, AND LOTS 488 THROUGH 500 INCLUSIVE, TROPIC PALMS · ." PLAT NO. 1, DELRAY BEACH, FLORIDA, IN ! "RM-1 MULTIPLE FAMILY DWELLING DISTRICT", AND AMENDING "ZONING MAP OF DELRAY BEACH, i FLORIDA, 1969" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: SECTION 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the "RM-1 Multiple Family Dwelling District" as defined by Chapter 29 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: Lots 346 through 374 inclusive. Lots 389 through 405 inclusive. Lots 420 through 438 inclusive. Lots 453 through 473 inclusive, and Lots 488 through 500 inclusive, TROPIC PALMS PLAT NO. 1, per Plat Book 25, Page 102, P%fl~lic Records of Palm Beach County, Florida. SECTION 2. That the Building Inspector of said City shall upon the effective date of this Ordinance change the Zoning Map of Delray Beach, Florida, to con- form with the provisions of Section i hereof. PASSED in regular session on the second and final reading on this the 12th day of January, 1970. MAYOR ATTEST: / / .D Wor thing S R.. , ............ . City Clerk First Reading December 8. 1969 Second Reading J~anuary 12, 1970 16-C ORDINANCE NO. 46-69. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY. BEACH CERTAIN LAND, NAMELY LOT 56, LAKE SHORE ESTATES, WHICH LAND IS CONTIGUOUS TO EX- ISTING MUNICIPAL LIMITS OF SAIDCITY; REDEFIN- ING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND~ AND PROVIDING FORT HE ZONING THEREOF. WHEREAS, WILLIAM A STRUCKER is the fee simple owner of the property hereinafter described, and WHEREAS, said WILLIAM A. STRUCKER, by hispetition, has consented and given permission for the annexation of 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 ~he City Charter of said City granted to it by the State of Florida: NOW, THEREFORE, BE ITORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAYBEACH, 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: That tract of land, namely Lot 56, LAKE SHORE ESTATES, per Plat Book 25, Page 26, 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 R-IAA, as defined by existing ordinances of the City of Delray Beach, Florida. SECTION 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be, and persons residing thereon shall be deemed citizens of the City of Delray Beach. SECTION 5. That if any word, phrase, clause, sentence or part of this ordinance shall be declared illegal by a court of competent juris- diction, such record of illegality shall in no way affect the remain- ing portion. PASSED in regular session on the second and final reading on the 12th day of January , 1970. /S/ J. L. Saunders ATTEST: M A Y O R /S/ RT. D. Worthing City Clerk First Reading ..peqember 22, 1969 Second Reading January 12,. 1970 16-D ORDINANCE NO. 47~-69. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SUB-SEC- TION (C), SECTION 29-7, CHAPTER 29 OF THE CODE OF ORDINANCES OF THIS CITY PERTAINING TO BUILDING HEIGHT REGULATIONS IN RM-1 MULTIPLE FAMILY DWELLING DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Sub-section (C), Section 29-7, Chapter 29 of the Code of Ordinances of the City be and the same is here- by amended to read as follows: "(C) BUILDING HEIGHT REGULATIONS. BUildings may be erected to a height not exceeding twenty-three. (23) feet, measured from the highest finished grade to the ceil- ing of the highest floor. The height require- mente may be exceeded only by special excep- tion as prescribed in Section 29-7.5% (Site Plan Approval), provided however, that no special exception shall be granted which would allow any building to exceed one hundred and twenty-two (122) feet in height." SECTION 2. All ordinances, or parts thereof, in con- flict herewith, be, and the same are hereby repealed. PASSED in regular session on the second and final reading on this the 12th day of January , 1970. /S/~ J, L. saunders MAYOR ATTEST: /S, R. D. W. orthinq City Clerk First Reading .... _Decemb~ e~ 2~2 ,__ .!_~96.9' .... ~ Second Reading . January 12, !9~_0~_ ~-- ....... .16-E ORDINANCE NO. 48-69. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING CERTAIN DEDICATED RIGHT-OF-WAY NOT PREVI- OUSLY CONTAINED IN ANNEXATION OF LANDS BY THE CITY ~OF DELRAY BEACH, FLORIDA. WHEREAS, the City Council of the City of Delray Beach, Florida, is authorized to annex properties owned by Governmental agencies for which and upon which no taxes are levied, with or without the consent of the owner; and WHEREAS, the City Council of the City of Delray BeaCh deems it necessary, and in the best interests of the City, to annex certain road right-of-way contiguous to lands recently annexed to, and. now being a part of, the City of Delray Beach, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF. THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. The City Council of the City of Delray Beach hereby annexes the .following described property to said City. That portion of DIXIE BOULEVARD extending southerly from a Westerly projection of the North line of Lot 1, Block 19, DEL-RATON PARK Subdivision as appears in Plat BOok 14, Page 9 of the Public Records of Palm Beach County, Florida, to a line being a~WeSterly projection of the North line of Lot l, Block 12, DEL-RATON PARK Subdivision, a distance of 2,087.5 feet more or less~ as appears in said Plat Book 14, Page 10 of Palm Beach County, Florida's public Records, SECTION 2. The COrporate limits of this City are hereby amended to include the aforedescribed property. PASSED AND ADOPTED in regular session by the City Council of the City of Delray Beach, Florida, on second reading this 12th day of January , 1970. /S/ J. L. SaUnders M A'Y'O R ATTEST: ~S/ R. D Worthinq City Clerk First Reading December_ 22. 1969 Second Reading. January 12, 1970 16-F RESOLUTION NO. 3-70. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE LEGISLATIVE DELEGATION OF PALM BEACH COUNTY, FLORIDA, TO PRESENT CERTAIN BILLS BEFORE THE 1970 SESSION OF THE FLORIDA LEGISLATURE AMENDING THE CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, that its City Attorney, G. Robert Fellows, be, and he is hereby authorized to prepare in compliance with the Charter of the City of Delray Beach, and forward to the Palm Beach County Legislative Delegation for submission to the 1970 Florida Legislat.ure for enactment, Special Acts constituting Charter A- mendments to the existing Charter of the City of Delray Beach, Florida, pertaining to the following subject matters: (a} Sec. 12. "Council form of government--Term of office; number" be amended to include the appointment of a city prosecutor. (b} Sec. 13. "Officers and departments enumerated-- Powers of council to create and change" be amended by adding the city prosecutor thereto. (c) That a new section be added to the charter to establish: Appointment, qualifications, duties and compensation.of the city prosecutor. (d) Sec. 59. "Duties" of the city attorney be amended to include rendering legal opinions to the city manager and de- leting duties in conflict with the city prosecutor. (e) Sec. 65. "Appointment--Duties" of the city Clerk be amended to include the appointment, of deputy and assistant clerks. (f) Sec. 73. "Same--Adoption of; levy of taxes" be amended by recording the millage limitation from 20 mills to limits as provided by state law. (g) Sec. 125. "Authority of city to issue" bonds be amended by rewording the interest rate from six and one-half per- cent to the rate as provided in state law. (h) Sec, 127. "ApProval by vote of freeholders pre- requisite to issuance" be amended by rewording to conform with the proVisions .of state law. (i) Sec. 138. "Interest, financing period and sale of bonds'' be amended, by rewording the interest rate from six and one-half percent to the rate as Provided in state law. (j) Sec. 147. "Registration; oath; false swearing; information necessary; issuance of re~.istration card;' form; change in status" be amended by deleting the requirement to register as a freeholder. 9t 16-G Page 2. RESOLUTION NO. 3-70. (k) Sec. 155. "Polls, .when open--Canvass of returns; certificate~.-of..3el~ction~ be amended by changing the hours in which the.~polls~sh~11'beopen'fr~"sun£ise to sunset to 7:00 o'clock A. M. to 7:00 o'clock P.M. (1) Sec. 185. "Annexation of new territory; procedure; objection thereto" be repealed. BE IT FURTHER RESOLVED that the City Attorney be au- thorized to take any' and all necessary st~ps to prepare the neces- sary bills and to aid the Legislative Delegation in the introduc- tion and passage of the above legislation. PASSED AND ADOPTED this 12th day of January, 1970. CITY OF DELRAY BEACH, FLORIDA _~/ J. L. Saunders MAYOR ATTEST: /S/ R. D~.. Worthinc City Clerk