02-09-70 FEBRUARY 9~ 1970.
A regular meeting of the City Council of the City of Delray Beach
was held in the Council Chambers at 8'=00 P.M., with Vice-Mayor James
H. Scheifley in the Chair, City Manager R. D. Worthing, City Attorney
G. Robert Fellows and Councilmen John L, Pitts and O. F. Youngblood
being present.
1. An opening prayer was delivered by the Rev. J. R. EVans.
2. The Pledge of Allegiance to the Flag of the United States of
America was given,
X. Mayor Scheifley asked the 'City Attorney if there was a quorum
persent.
City Attorney Fellows said there was a quorum present, and pointed
out to Council that any ordinances or resolutions passed need three
affirmative votes.
3. The minutes of the regular Council meeting of January 26th, 1970,
were unanimously approved, on motion by Mr. Youngblood and seconded
by Mr. Pitts.
5. Mro Pitts said that the last time City Clerk Worthing was appoint-
ed as Acting City Manager the Council approved an increase in his pay
during the period of time he was serVing in that capacity of 35.9 per
cent which works out to about what the present city manager's salary
would be'on a mOnthly basis,.and amounts to an increase of $430.'00
per month.
Mr. Pitts moved for an increase in pay to Acting City Manager
R. D, Worthing of $430.00 per mOnth for as long as he continues as
temporary City Manager. The motion was seconded by Mr. Youngblood
and carried unanimously.
5. Mr. Pitts said he feels all are in accord with working on beach
erosion and sand nourishment, and mentioned papers furnished Council
that had been prepared by Mr. Everett Palmatiero
He said Mr. J. L. Patterson had indicated that Mr. Hodges, an
ocean dredge operator from Norfolk, Va&, has volunteered to come to
Delray Beach any day next week, on his own time and money, and give
his opinion of the situation here.
Mr. Pitts proposed that the City Manager set up a workshop meeting
next week on beach erosion, which was agreeable with Council.
Mr. Youngblood reported that he had talked with County Commissioner
George Warren and the Mayor and other city officials from Boynton Beach
today while attending the ground breaking ceremony of the Reeves
Dynamic Corporation. He said it had been recommended that he ask Coun-
cil tonight if a workshop meeting could be scheduled, inviting the of-
ficials of Boca Raton, Boynton Beach, Manalapan, Gulfstream and Briny
Breezes, along with the County Commissioners; further, it had been said
that arrangements could be made to get. the beach nourishment done
through ~the State.
Mayor Scheifley reported that he had attended the same function
today and had been approached about the beach nourishment and, with
Council consent, he asked that the City Manager arrange such a work-
shop meeting.
5. Mr. Pitts said that at a workshop meeting C~uncit:.ha~'conSidered
hospitalization insurance for City employees a~d since it had been
referred back tO...thp.~.~s for their consideration they may have
some recommendations for Council. He asked that said item be on the
agenda of the next workshop meeting.
5. Mr. Pitts said that at a workshop meeting there had been discus-
sion about S. E~ 1st and 2nd Avenues south of the old Bon Aire Hotel
property and in the~area of the Bowling Alley, and that the road base
had been prepared but Do asphalt had been applied. Further, that
Mayor Saunders had asked City Manager Gatchel to have the asphalt put
in those areas as the road base was deteriorating.
City Manager Worthing said he would check into same, and make a
report to Council at the next workshop meeting.
5. Mr. Pitts showed several colored slides of various highrise build-
ings in the City that have been completed and others under construc-
tion, also of many apartment buildings that are not highrise. He com-
mented on the need for a change in the Parking requirements, and the
lack of green areas and landscaping surrounding the highrise buildings
andingsthe, nice green areas and landscaping surrounding the lower build-
Mr. Pitts said he hopes the parking requirements will be changed
to two spaces per dwelling unit, and a requirement that a certain per-
centage of the parking be underground, also that the height limits
be considered again and that the Beautification Committee recommenda-
tions be considered on all site plans.
5. Mayor Scheifley said that he is Drive Chairman of the 1970 Com-
munity Chest Fund Drive which is a Council endorsed project that gOt
underway last week. Further, the response to said Drive has been
fantastic and makes him proud to live in Delray Beach where there is
so much civic pride and responsibility.
6oa. Concerning a survey of lands in violation of the City's nuisance
laws, presented by the City Manager, Mr. yoUngblood moved that the
City Clerk be instructed to proceed with the enforcement of Chapter
15 of the City's code of Ordinances, the motion being seconded by Mr.
Pitts and unanimously carried.
(Copy of the Nuisance Survey is attached to the official copy of these
minutes.) See page 38-A.
Mayor Scheifley asked about a letter presented to Council at the
last regular meeting from the Men's Garden Club regarding five items
of violations.
City Manager Worthing reported that the previous City Manager
turned that letter over to the Police Chief and Director of Public
Works and the items are being taken care of.
6.b. City Manager Worthing reported that as a result of an incident
involving a Police Department officer, which occurred August 2, 1969,
the City of Delray Beach has been served "Notice" of Civil Action Suit
No. 70 C .401 - Stewart, having been named defendant in said suit.
Further, it is recommended that the City Attorney be authorized to de-
fend the City, against the complainant, in the filing of any documents
or furnishing any data relating to the suit filed which may be re-
quired of the City.
Mr. Pitts moved that the City Attorney be authorized to defend the
City, the motion being seconded by Mr. Youngblood and unanimously
carried.
City Attorney Fellows pointed out the fact that the insurance
company will primarily defend the suit°
7.a. The City Manager informed COuncil of a petition that has been
received from the Delray Church of the Nazarene for construction of
a Church and possible further related educational building facilities,
on church owned property lying in the SW% of Section 4-46-43 and the
SE% of Section 5-46-43, at 2515 North Sw~inton Avenue. Further, it is
recommended that this request be referred to the Planning and Zoning
Board for a public hearing to be held thereon, in accordance with
Chapter 29 of the City's Code of Ordinances.
Said request from the Church for Permissive Use was unanimously
referred to the Planning and Zoning Board, on motion by Mr° Youngblood
7.b. City Manager Worthing informed Council of a request received
from the owners of abutting properties seeking abandonment of that
portion of the East-West alley in Block 97, which lies between Lot
11 and that part of Lot 10 immediately north thereof, and comprising
the East 125 feet of said alley. He recommended that this petition
be referred to the Planning and Zoning Board for review and comment
thereon, and the Engineering Department for its report concerning
utility lines therein, if any, and possible need for future utility
service appurtenances.
Mr.. Pitts moved that said petition be referred as recommended,
with the stipulation that ~he Fire Department 'also take a look at it.
The motion was seconded by Mr. Youngblood and carried unanimously.
7.c. City Manager Worthing reported that the Chamber of Commerce,
under date of February 4th, requests Council to investigate the feasi-
bility of installing traffic lights at. the intersections of Congress
Avenue with Lake Ida Road and West Atlantic Avenue. He said that one
of those intersections is entirely outside the City limits, and sug-
gested that this matter be referred to the administration for consider-
ation and processing through the County Commission and the State Depart-
ment of Transportation.
Mr. Youngblood moved that this matter be referred to the City
Administration to be taken up. with the County and State officials and
also the City Traffic Committee. The motion was seconded by Mr. Pitts
and carried unanimously
7.d..Regarding the Law Enforcement. cOmplex.the .City'Manager Said in
view of the Certificate of Substantial completion, submitted by.'the
Associate Architect, Mr.: RoY M. Simon, it .is recommended that the
bUilding be tentatively, accepted by'.the CitY, and .it is further recom-
mended that. upon ~completion of ali items listed on the "Attachment to
certificate of SubstantialI CompletiOn'', covering 'many~ minor installa-~
tions and adjustments, receipt of all Releases of Lien, and theCity's
issuance of a Certificate. of Occupancy, that the' City effect final.
payment to the contractor, only at that time, of the remaining'balance
due of $42,000,40, as shown on the Certificate for~ Final Payment.
Mr. Pitts moved to pay the contractor SubjeCt to the Certificate
of Occupancy being approved by the City, the motion being seconded by
Mr. ¥oungblood and unanimously carried.
8.a. City Manager Worthing presented RESOLUTION NO. 19-70.
A RESoLuTIoN OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, LEVYING COSTS FOR DEMOLITION OF BUILD-
INGS UPON CERTAIN LANDS LOCATED WITHIN SAID CITY; SET-
TING OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH
SUCH DEMOLITION AND LEVYING THE COST FOR SUCH DEMOLITION'
AS A SPECIAL ASSESSMENT, AND DECLARING SAID SPECIAL AS-
SESSMENT TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS
SHOWN BY REPORT OF THE BUILDING OFFICIAL OF DELRAY BEACH,
FLORIDA.
(COpy of Resolution No. 19-70 is attached to the official copy of
these minutes.) See page 38-B.
In compliance with the Code of Ordinances, a Public Hearing was
held for the purpose of effecting a special assessment, in the amount
Of $350..00 against Lots 18 and 19, Block 41, located at 315 N. W. 3rd
Avenue, Delray Beach, Florida.
There being no objection to said proposed assessment for demoli-
tion costs, Resolution No. 19-70 was unanimously passed and adopted
on this first and final reading, on motion by Mr. Pitts and seconded
by Mr. Youngblood.
8.b. City Manager Worthing presented RESOLUTION NO. 20-70.
A RESOLUTION~ OF THE CITY COUNCIL OF THE CITY OF DELRAy
BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF
DIXIE BOULEVARD IN DEL-RATON PARK SUBDIVISION, CITY OF
DELRAY BEACH, FLORIDA. --3- 2-9'~70
(Copy of Resolution No. 20-70 is attached~ to the official copy
of these minutes. ) See page 38-F..
The City Manager said this abandonment had been agreed upon by
Council at its regular meeting on December 8, 1969, subject to a
dedication by the property owner of the West 76 feet of Lots 1 thru
11, Block 2~ Del-Raton Park Subdivision, which would result in a 106
foot right-of-way for Old Dixie Highway, and that said deed, properly
executed, had been received by the City.
Resolution No. 20-70 was unanimously passed and adopted on this.
first and final reading, on motion by Mr. ¥oungblood and seconded by
Mr. Pitts.
8.c. City Manager Worthing presented RESOLUTION NO... 21-70.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRA¥
BEACH, FLORIDA, VACATING AND ABANDONING THE EAST-WEST
10 FOOT ALLEY IN BLOCK 7, OSCEOLA PARK SUBDIVISION,
CITY OF DELRAY BEACH, FLORIDA.
(Copy of Resolution NO. 21-70 is attached to the official copy of
these minutes.) See page 38-C.
Resolution No. 21-70 was unanimously passed and adopted on this
first and final reading, on motion by Mr. ¥oUngblood and seconded by
Mr. Pitts.
8.d. City Manager 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-lA SINGLE FA/4ILY DWELLING
DISTRICT", AND AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1969".
(Copy of Ordinance No. 1-70 is attached to the official copy of
these minutes.) See page 28-0, las~ meeting, ~anuary 26, 1970.
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. 1-70,
said Ordinance was unanimously passed and adopted on this second and
final reading, on motion by Mr. Pitts and seconded by Mr. Youngblood.
8.e. The City ~4anager presented ORDINANCE NO. 3-70.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH
CERTAIN LAND, NAMELY LOT 48, LAKE SHORE ESTATES, WHICH
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.
2012 N. W. 1st Avenue
(Copy of Ordinance No. 3-70 is attached to the official copy of
these minutes.) See page 38-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. 3-70,
said Ordinance was unanimously passed and adopted on this second and
final reading, on motion by Mr. Youngblood and seconded by Mr. Pitts.
~4- 2-9-70
8.f. The City Manager presented ORDINANCE NO. 4-70.
AN ORDINANCE RELATING TO ALCOHOLIC BEVERAGES; AMENDING
SECTION 4-5 OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, TO PROVIDE FOR THE SALE OF LIQ-
UOR ON THE'NORTH 3'00 FEET OF SOUTH 1600 FEET OF GOVERN-
MENT LOT 1 LYING EAST OF STATE ROAD NO. 140 (A1A), SEC-
TION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST, OF THE CITY
OF DELRAY 'BEACH, FLORIDA.
Ordinance No. 4-70 was unanimously placed on first reading, on
motion by Mr. Pitts and seconded by Mr. Youngblood.
8.g. The City Manager presented ORDINANCE NO. 5-70.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING SECTION 26-1, CHAPTER 26, CODE
OF ORDINANCES OF THIS CITY RELATING TO RATES' CHARGED
PASSENGERS BY TAXICABS OR OTHER MOTOR VEHICLES 'TRANS-
PORTING PASSENGERS FOR COMPENSATION WITHIN THIS CITY.
The city Manager said this proposed amendment and revision of
rates is the result of the administration having met with the' local
taxicab operators, at the City Hall on February 3rd, and attended by
seven of the eight operators established in the City, following a re-
quest for a rate change by the major operator in the 'City.
Ordinance No. 5-7.0 was unanimously placed on first reading, on
motion by Mr. Pitts and seconded by Mr. Youngblood.
9.a. City Manager Worthing read the following Beautification Commit-
tee meeting minutes of a special meeting held on February 2, 1970,
with...ten members present:
"The Committee met at the First Federal Savings and Loan
Association of Delray Beach at the request of its President,
Mr. John N. Kabler.
A motion was duly made, seconded and passed to permit the
removal of the adonidia palm trees and the cabbage palm tree
at the south end of the City Park next to the Intracoastal
Waterway at Atlantic Avenue. .This work will be done at the
expense of the First Federal and will improve the harmony
between the City Park and the extensive landscaped area to
its west which has recently been developed.by the First
Federal."
lO.a.. Mr. Robert R. Grauch, 154 Gleason Street¢ read the following
PETITION and presented more than fifty such petitions to Council and
said that each was signed by one or two Delray Beach taxpayers:
"We, the undersigned, hereby PETITION the City of 'Delray
Beach, Florida, and request your urgent and prompt action up-
On the widening ora section of INGRAHAM AVenue lying between
Ocean Boulevard' and Gleason Street.
Secondarily, a similar widening of OCEAN TERRACE is also
requested between Ocean Boulevard and Gleason Street.
Both of these roads are' now hazardously narrow, consti-
tuting traffic and safety Problems at certain times of the
year.
Before any new buildings are erected, or any other changes
are made in the area, we believe it is imperative to plan
ahead; to ..a~t 1..east. establish wid,er~ rights-of~way now. for each
of these roadways. A forty foot right-of-way in each instance
is requested. This is now possible', but will no longer be
available if we allow more 'building to occur before we take
action.
Thank you for your attention."
-5.- 2-9-70
Following discussion, Mr. Youngblood moved that this item be re-
ferred to the Administration, Traffic and Parking committee and the
Planning and ..Zoning Board for recommendation to Council. The motion
was seconded by Mr. pitts and carried unanimously.
10.a. Mr. Everett Palmatier, President of the Beach Property Owners'
Association, said he had received several calls recently on the point
that Mr. Pitts brought out tonight with his slides and comments re-
questing that he come to Council and ask if some action could be taken
to determine how the people of Delray Beach feel about this question
of highrise buildings.
Mr. Palmatier said that some of the members of the Executive Com-
mittee of their Organization were asked to attend a meeting of the
Del~ay Beach National Bank relative to some plans that were underway
in respect to their drive-in teller windows, and of stacking traffic
on a City street.
He said he had observed two or three places in the City where
private police officers were actually stopping traffic and holding
cars on public streets awaiting access to a place of business, and
he questioned the legality of this practice and suggested that those
officers be instructed that their purpose is to. keep traffic moving
and not to stop it on a public thoroughfare.
Mr. Palmatier said he has felt for a long time that the City Admin-
istration should ask the Engineering Department and the Planning and
Zoning Board to come up with a suggested amendment to the ordinance
that would require any buildings that have more than fifteen parking
spaces connected with said building to have enclosed parking, as
there are many buiidings being constructed in the City, as shown
earlier by Mr. Pitts, with much of the area around the building for
parking.
Mayor Scheifley said he thinks the three points brought out by Mro
Palmatier are very well taken.
Regarding the first item, he said he feels the Planning ~and. Zoning
Board should be responsive to the .public and they should lead the ·
council.
In regard to the second item regarding traffic, Mayor sCheifley
said he thinks this should be referred to the City Attorney for an
opinion as to the legal status of.. police officers, whether they 'are
paid by the City or privately, in regulating traffic for private
business. Following a comment by the City. Attorney, Mayor Scheifley
said he thinks this item should be considered by both the City Attor-
ney and Police Chief and a report given to council at the next meeting.
Concerning the third item, Mayor~ Scheifley said he thinks that re-
quest should be directed primarily to the Planning and Zoning Board
who should initiate changes in the ordinance for Council approval.
Relative to the Delray Beach National .'Bank's proposed drive-in
teller windows, Mayor Scheifley ~nnounCed ~at the Planning and Zoning
Board would conduct a public hearing at 4:00 P.M., February 17th, on
a request of the Delray Beach National Bank for rezoning of their
property located at 18 thru 36 Seabreeze Avenue.
10.a. Mr. Robert Grauch informed Council that it had. come to his
attention that the building permit has been issued for the building
to be constructed at 250 South Ocean Boulevard, and said permit had
been issued with side setbacks of 20 feet on the south side of. the
building, but it has come to his attention that a sizeable structure
is planned within thirteen feet of Bay Street, this structure being
at the rear of the major portion of the building with a wall more than
one story high and a patio and swimming pool on top cf said structure.
He asked how they could build within 13 feet of Bay Street which is a
dangerously narrow street.
Mr. Grouch said that in further study of the blueprints of that
building he observed the fact that the parking spaces alloted to be
built do not conform to the 200 square foot area'per'v~hicle which
he believes is_still required in the City.code.
With Council consent, Mayor SCheifley referred this item to the
City Manager forinvestigation and report tO Council at its next work-
shop meeting.
10. a. Mrs. John Gill, 82 Gleason Street, informed Council ~at again
this season people are coming'into the parking lot for their apart-
ments, locking their'cars and-departing for a day at 'the beach, which
makes it very inconvenient for their own guest parking.
She asked if it would be ~easible for the City to buy property in
that area for a parking lot.
Mayor Scheifley said this item could be discussed at a workshop
meeting. "
10.b. City Manager Worthing reminded the Council, press and public
that the next regular meeting is scheduled to be held on Tuesday,
February 24th, as Monday the 23rd is a holiday.
10.b. City Manager Worthing reminded Council of the Florida League of
Municipalities 9th Annual Conference on March I, 2 and 3, in Tampa,
and asked that they notify the Administration if they 'plan to attend
said Conference in or~er that reservations may be made.
10.b. Mr. Pitts reported that at a meeting Saturday with Congressman
Paul Rogers concerning some Government Programs it was indicated that
as far as the proposed Water Treatment Plant is concerned, the Govern-
ment might buy the bonds at a rate of 5 and 3/8 per cent, .He said he
believes that City Manager Worthing will check into that item.
10.c. The City Manager presented Bills for Approval as follows:
General Fund $ 235,285.64
Water Revenue Fund 66,611.83
Water Operating & Maintenance'Fund 8,613.34
Special AssesSment Fund 15,600.00
Refundable Deposits Fund 10,047.55
Utilities. Tax Revenue Fund 21,550.00
Sewer Ravenue Fund 100,000.00
Cigarette Tax Fund 11,006.31
Capital Improvements COnStruction Fund 899.67
Sewer Construction Loan'Fund ~
First Federal S & L of Miami 15,380.14
The bills were unanimously approved for payment, on motion by Mr.
YoungbloOd and seconded by Mr'.' Pitts. ~ ~
Mr. Pitts asked if copies of the Bills for Approval cOUld be sent
to each of the three members of the Financial Advisory Board, and
City Manager Worthing said that would be done.
The meeting adjourned at 9:24 P.M.
R. D. WORTHING
City Clerk
APPROVED ~~
MAYOR
-7- 2-9-70
38-A
PROPERTIES IN VIOLATION OF ORDZNANCE NO. (~-147
AND SECTIONS 15-3 and 15-4 OF THE CITY CODE.
CITY
OWNER. ~AND ..ADDRESS ..P..ROPERTY DESCR!PTI~ CODE
1. Seacrest, Inc. Vacant part. of Lot 6, 15-3
1045 E. Atlantic Avenue Par~d~s~.;Heights~
Delray Beach, Florida 33444 (322 N. W. 6th Avenue)
Thermese Mackey Rouse (Agreement for Deed)
322 N. W. 6th Avenue
Delray Beach, Florida 33444
2. Delray Beach Improvement Lot 23, Paradise Heights. 15-3
Corporation (321 N. W. 7th Avenue) &
P. O. Box 1533 15-4
Delray Beach, Florida 33444
3. Delray Beach Improvement Lot 25, Paradise Heights. 15-3
Corporation (313 N. W. 7th Avenue) &
P. O. Box 1533 15-4
Delray Beach, Florida 33444
.4. O. D. Priest, Sr. Lot 1, Block 23. 15-3
228 S. W. 1st Avenue (202 S. W. 5th Avenue) &
Delray Beach, Florida 33444 15-4
5. Wm. Lonely North 50' of South 256.4' of 15-3
1868 N. W. 71st Street West 135' of East 155' of &
Miami, Florida 33147 Block 24. (330 S. W.:.5~h AVenue)- 15-4
6. G. Allan Marsted & Samuel' Lot 1, Block 3, 15-3
A. & Elizabeth B. Breene Seagate Section "A". &
22 National Transit Bldg. (502 S. Ocean Boulevard) 15-4
Oil City, ~ennsylvania 16301
Violations 15-3 and 15-4 as concerns this report are.:~as' follows:
1. 15-3 - Auto parts, tires and debris
2. 15-3 - Debris
15-4 - weeds and undergrowth
3. 15-3 - Debris
15-4 - Weeds and undergrowth
4. 15-3 - Debris
15-4 - Weeds and undergrowth
5. 15-3 - Debris
15-4 - Weeds and undergrowth
6. 15-3 - Debris and tree limbs
15-4 - Undergrowth
Submitted to the City Council by the City Manager on
this the 9th day of February, 1970.
38-B
R~SOLU~ION NO. 19-70.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, LEVYING COSTS FOR
DEMOLITION OF BUILDINGS UPON CERTAIN LANDS
LOCATED WITHIN SAID CITY; SETTING OU~ ACTUAL
COSTS INCURRED BY SAID CITY TO ACCOMPLISH
SUCH DEMOLITION AND LEVYING TBS COST FOR SUCH
DEMOLITION AS A SPECIAL ASSSSSMENT, AND DE-
CLARING SAID-SPECIAL ASSESSMENT TO BE A LIEN
UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY
REPORT OF THE BUILDING OFFICIAL OF DELRAY
BEACH, FLORIDA'
WHEREAS, the Building official of the City of Delray
Beach, did, on the 27th day of April 19 67
mail notice of unsafe structure liSting the violations of the pro-
visions of Chapter 15A of the Code of Ordinances, Housing Stand-
ards, to:
.... John .Taylor 'Estate .... ~ __ ... ..... concer~ing
.... (na~e;
Lots 18 and 19, B. lock '41
' located at 315 N. w. 3rd Avenue ; and
(street' address)
WHEREAS~ the owner hereinabove named did fail and neglect
to comply with the notice, and the City did provide for correction
of said determined violation at a total cost of $ 350.00 ; and
WHEREAS, the owner hereinabove named did fail to pay the
cost of $350.00 to'the City of Delray Beach within the Speci-
fied time'; a~: a' pu~Xic hearing was provided An compliance with the
~gulations set forth in subparagraph (c), Section 15A-41 of the
Code of Ordinances.
NOW, THEREFOP4~, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
1. That an assessment in the amount as shown by the re-
port of the Building official of the City of Delray Beach, involving
the City's cost of abatement of said nuisance having been determined
by the Building OSficial, to exist on the land hereinabove described,
is levied as a special assessment against said described land. Said
assessment so levied shall be a lien upon the land described herein,
of the same nature and to ~he same extent as the lien for general
city taxes and shall be collectible in the same manner and with the
same penalties and under the same prOvisions as to sale and foreclo-
sure as city taxes are collectible, and shall become effe~tive im-
mediately upon the adoption of this resolution and shall bear inter-
est thereafter at the rate of six per cent (6%) per annum. The
owner may pay the amount of such lien, including interest, in thirty
(30} equal, consecutive, monthly installments, commencing on the
first day of the month following the adoption of this resolution.
2. That a copy of this resolution shall be served on the
owner of the above described property by certified mail within ten
(10) days of the date of its adoption, and a copy of this resolution
shall be published once each week for four consecutive weeks in a
newspaper of general circulation within the City.
PASSED and ADOPTED in regular session on the 9th day
of February , 19 70 .
/S~ J,,,a, mes H. Scheifley
ATTEST: V I C E-M A Y O I%
./S/ R. D. ~orthin~ City Clerk ....
38-C
RESOLUTION NO. 21-70.
A RESOLUTION OF THE CITY ~OUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA~
VACATING AND ABANDONING THE EAST-
WEST 10 FOOT ALI~¥ IN BLOCK 7,
OSCEOLA PARK SUBDIFISIO~j CITY OF
DELRAY BEACH, FLORIDA.
WHEREAS, there exists a-dedicatmd east-wgst
alley right-of-way lying between L~t 42 and Lots 43
thru 47 inclusive, Block 7, 0S'C~OLA PARK Subdivision,
as shown on plat thereof recorded in Plat Book 3,
Page 2, P~blic Records of Palm Beach County, Florida;
and
WHEREAS, it has been determined that said dedi-
cated right-of-way ~erves no purpose and cound not
reasonably be extended westerly,
._ NOW, THEREFOP~E, BE IT.~RESOLVED BY THE CITY
COUNCT~ OF THE CITY OF ~)ELRAY B.~ACH, FLORIDA:
That pursuant' to Section Seuen (7), Paragraph
Three .(3) of ~the Charter for the City ~of Delray Be~ch,.
Florida, it is-hereby 4etermined to vacate and abandon
the following described right-of-way:
The east-west 10 foot Alley lying
between Lot 42 and Lots 43 thru 47
inclusive, Block 7, OSC~OLA PARK
Subdivision, as shown on plat there-
of recorded in Plat Book 3, Pags 2,
Public Records of Palm Beach County,
Florida.
PASSED AND ADOPTED in regular session on thi~
the 9th day of February, 1970.
/S/.. J_.~ame.s H. Scheifley
V I C E-M A ¥ 0 R
ATTEST:
/S/ R. D: worthing
City Clerk
38-D
ORDINANCE NO. 3-70.
AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN LAND, NAMELY LOT 48, LAKE
SHORE ESTATES, WHICH LAND IS CONTIGUOUS TO EX-
ISTING MUNICIPAL LIMITS OF SAID.. CITY! REDEFIN-
ING 'THE BOUNDARIES OF SAID CITY TO I~LUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS
OF SAID LAND;~ AND PROVIDING FOR THE ZONING THEREOF.
WHEREAS, ROBERT E. MOYES and BOBBIE ANN MOYES, his wife, are
the fee simple owners, of the property hereinafter described, and
WHEREAS, said ROBERT E. MOYES and BOBBIE ANN MOYES, his wife,
by their Petition, have consented and given permission for the annex-
ation 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 the City Charter of
said City granted to it by the State of Florida:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 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, Florida, which
lies contiguous to said City, to-wit:
That tract of land, namely Lot 48, 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-1AA, 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, ord-inances and laws to which lands in the
City of Delray Beach are now or may bed and persons residing thereon
shall be deemed citizens of the City oT Delray Beach.
SECTION 5. That if any word, phrase, clause, sentence or part
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 th~
9th day of February , 1970.
/S/ James H. Scheifl~y
VICE-MAYOR
ATTEST:
/S/ R. D. Worthing
City Clerk
First Reading January_.2.6j 197Q
38-E
RESOLUTION NO. 20-70.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA,
VACATING AND ABANDONING A PORTION
OF DIXIE BOULEVARD IN DEL-RATON PARK
SUBDIVISION, CITY. OF DELRAY BEACH,
FLORIDA.
WHEREAS, the owner of Lots 1 thru 44 inclu-
sive, Block 16, and Lots 1 thru 11, Block 2, DEL-
BATON PARK Subdivision, as appears in Plat Book 14,
Page 9, Public Re~ord~ of Palm Beach County, Florida,
has petitioned the City of Delray Beach, Florida, for
abandonment of DIXIE BOULEVARD lying within the bounda-
ries of said property; and
WHEREAS, that portion of DIXIE BOULEVARD has
never be~n opened nor made use of, and it 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,
Florida, it is hereby determined to vacate and abandon
the following described right-of-way:
That portion of DIXIE BOULEVARD lying
between the center lines of Avenues
"D" and "E", bounded on the East by
LOts I thru 10 inclusive, Block 16,
and on the West by Lots 1 thru 11
inclusive, Block 2, said BloCks 2
and 16 being within DEL-BATON PARK
Subdivision, as appears in Plat Book
14, Page 9, Public Records of Palm
Beach County, Florida.
PASSED AND ADOPTED in regular session on this
the 9th day of February,' 1970.
/S/ J. ~ames H: ...Scheiflev
VICE-MAYOR
ATTEST:
City Clerk