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03-23-70 MARCH 23, 1970. A regular meeting of the City Council of the City of Delray Beach was held in the Council Chamber, s at 8:00 P.M., with. Mayor J. L. Saunders in the Chair, City Manager R. D. Worthing, City Attorney G. Robert Fellows and Council members Grace S. Martin*,~ Johh L. Pitts, III, James H. SCheifley and O. F. Yo~ngblood being present. 1. An opening prayer was delivered by Dr. Warren J. Nubern. 2. The Pledge of Allegiance to the Flag of the United States of America was given. 3. The minutes of the regular meeting of March 9, 1970, were unani- mously approved, on motion by Mr. Pitts and seconded by Mrs. Martin. 5. Mr. Pitts asked the following questions of the City Manager, and said that he did not expect an answer tonight, but that the items be checked into. 1. The status of traffic light to be installed on N. E. 5th Ave- nue (Southbound Federal Highway) at 4th Street. 2. He mentioned pedestrian traffic on N. E. 4th Street to the Post Office, and said people .had no way. of getting across the railroad tracks and to the ~ost Office except to Walk in the street, and asked if it would be possible to roughly pave the sides of 4th Street for the .pedestrians., 3. Has the Police Department checked into the traffic situation at the Post Office parki, ng lot, Which was brought u'p at the l'ast reg- ular CoUncil meeting by Mrs. Dorot~hea MontgomerY? 4. Has City Engineer Fleming contacted the American Cynanamid Co., about a chemical that when injected into sand would make .it .stronger and more resistant to moisture and may be used in the beach revetment? 5. ,Mr. Pitts referre~ tO a Resolution that has been ~considered when Council met on Beach E~osion with Mr~ Will£am T. 'Carlton and Mr. James L. Titzel about contacting the County on .raising money or getting approva~l of the Corps of Engineers. City Manager Worthing reported that said Resolution would be submitted t6 Council at th~ next regular meeting. MaYor Saunders reported that Mr. George Warren. had been contacted on this item and had presented it to the County commission who has agreed to go ahead and ask the Corpe of Engineers to do the survey. 6. He asked the Director .of Recreation, Mr. Elliott, if Mrs. Earl Wallace hgd. contacted him "about a summer Rrogram for handicapped .chil- dren, an~ if he would present tha~ item to Council at a workshop meet- ing .... · · Mr. Elliott reported he had received a letter from Mrs. Wallace and that 'City .Manager Worthing WOuld present .the item at a workshop meeting. 5. Mr. S.oj~eifley commended City Manager W0rthing on his prompt and efficient action in taking _care of complaints, made by the Men's Garden .Club and in answering their lett. er concerning same. 5, Mayor~ Saunders presented a PROCLAMATION~prOclaimfng Apt.il 3 and 4, 1970 as BUDDY POPPY DAYS, sponsored by the ~.eterans of Foreign Wa~s, Post No. 4141, . 5.. Mayor' Saunders presente~ a.-PROCLAMATION proclaiming April 15, 1970, as~ Civitan' Internationa! Day, this b~eing, the Golden Anniversary of CiVitan International. -1- 3-23-70 .56 6 .a. 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 Ordinance', 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 64-A. 6.b. A Public Hearing was advertised, and held, on the application of the Yellow Cab Company for two Certificates of Public Convenience for the operation of two taxicabs within the City. Mr. Paul Culp representing Mr. & Mrs. Chester Grant, holder of six Certificates of Public Convenience, informed Council it is felt that any further granting of permits for additional taxicabs would work a tremendous hardship on them and their employees as well as on the other taxicab permit holders in Delray Beach. Messrs. Chester Grant, Mark O'Neal, Fred Monroe and Raymond Blakely, current taxicab operators, informed Council that. they give the best service ~ossible to the residents of Delray Beach, and that there is not sufficient business during the summer months to keep them busy. Mr. Youngblood moved that the request of the Yellow Cab Company be denied, the mo{ion being seconded by Mrs. Martin. Following further discussion about there being sufficient taxicab service, Mr. Scheifley asked, with the cooperation of the Press and the publicity this item might receive during the next couple of weeks, if Council should consider tabling this item until the next meeting to see what kind of response is received and a chance to evaluate the response, if any, and make a decision at that time. Upon call of ro~l that the request be denied, Mrs, Martin, Mr. Youngblood voted in favor of the motion and Mr. Pitts, Mr. Scheifley and Mayor Saunders were opposed. The motion did not carry. Mayor Saunders' announced that this item would be on the agenda of the next regular CoUncil .meeting, and in the meantime, Council would try to get more information on the item. Mr. Pitts said he would"like to look over the.. records of the Delray Beach and Acme Taxi Companies. 6.c. City Manager Worthing reported that due to increased hospital costs and at the request of City employees, it is requested that Council authorize the City Manager and City Attorney to amend the group hospitalization contract with Occidental Life Insurance-Company of California to increase the daily room and board benefit from $26.00 per day to $38.00 per day~. Said authorization was unanimously given, on motion by Mrs. Martin and seconded by Mr. Youngblood. 6.d. The City Manager reported that due to the allege~-need ~for establishing provision for disposal of garbage and trash, inasmuch as there appears to be very limited space, remaining at the City's disposal area, a proposal has been solicited for temporary disposal 6f both garbage and trash from a transfer point within the City's present disposal site, and authorization is requested d~recting the City Attorney and City E-ngineer, together with representatives of Southern Sanitation Service, Inc., to prepare a proposed agreement for Council consideration proViding for such service in accordance with conditions outlined in the proposal. Further, in view of certain information and circumstances pertaining to'the present Disposal Site which have come to light since the recent workshop meeting, it is . . recommended that the requested authorization be granted in order to provide for initial steps necessary to be taken, and that Council defer any further action on this item until additional consideration is given this matter at an early workshop meeting. A Workshop meeting was scheduled for Tuesday evening, March 31. Mr. Scheifley moved that the City Attorney.and City Engineer, together With representatives of the Southern Sanitation Service, Inc., prepare an agreement as outlined in the proposal. The motion was seconded by Mr. Youngbl°°d and carried unanimously. 3-23-70 6.e. City Manager Worthing reported that as a result of a recent workshOP meeting with representatives of Bart, Dunlop & Associates, Inc., a revised proposed contract for- employment of said Consulting Engineers~ and Planners prepared by Mr. Frank. W. Brutt with the aid of the City Attorney, as requested by Council, was received today, and incorporates all of the desired additions and amendments brought out at the meeting held jointly with the Planning and Zoning Board. Further, the general purpose of this contract is to provide the City with an inventory and analysis of various study areas within the City and their potential for future controlled development or possible redevelopment, and include, in part,' an analysis of those lands west of the present corporate limits which are subject to annexation. The City Manager reported that City Attorney Fellows, after study- ing said proposed contract this afternoon, recommends certain minor adjustments, and if those adjustments are made and agreed upon by Mr. Brutt, it is recommended that Council authorize execution of this proposed agreement for Planning Consultant Work Activities. The proposed changes are as follows: 04 the middle of Page 4, ADDITIONAL DOCUMENTS, delete-"As request- ed of ~the Consultant at meetings with the Planning and Zoning Board, City Council, Acting City Manager and the City Attorney" leaving that paragraph to read: "The following documents are made part of the Consultants ' contract." In the last paragraph on Page 4, 4eletethe first four words "It is proposed that" leaving the paragraph to start..with "The fees shall be paid". At the top of Page 2, Document B, Paragraph 5t Fi~dinqs ~onfi~ential. change the first word "Any" to "All" and in. the second line of that paragraph delete "which the City requests to be kept as" leaving the paC.&graph to read: "All reports-, information, data, etc., given to or prepared or assembled by the Consultant under this con- tract are confidential, and shall not be made available to any individ- ual or organization by the Consultant without the prior written ap- proval .of the City." Mr. Brutt of Barr, Dunlop & Associates, Ind., agreed to the pro- posed changes, and Mr. Youngblood moved to authorize the execution of the contract providing for employment of .Consulting Engineers and Planners, as just amended. The motion was seconded by Mr. Pitts and carried unanimously. . 7.a. City Manager Worthing informed Council of a request by .Mrs. Emory Dunn, on behalf of the Plumos~a School Kindergarten, for use of the Community Center auditorium for the purpose of conducting a Graduating Program on Friday,. May .22nd from 6:00 to 9.:'00 P.M.,. and on Wednesday evening, May 20th, from 9:00 to 11:00 P.M., for rehearsal, and it is recommended that the request be granted. Said requeSt was unanimously granted, on motion by Mr. Scheifley and seconded by Mr. youngblood, 7.b. Council was informed that SouthlandCorporation has applied for a permit to dispense Wine and Beer, for consumption off the premises, through retail sales in its new 7-tl Store nearing .completion and loCated at 395 S. E. 6th Avenue. The CitY Manager said this area is currently zoned for such.activities, and, in view of the applicant having been approved in the prescribed manner by both State Beverage Dep..a~tme~t and loca! Law Enforcement officials, it is recommended ~a~ the petition be granted. Said petition was unanimously granted, on motion by Mr. Pitts and seconded by Mr. Youngblood-.' 7.c. City Manager Worthing informed Council that F~r. & Mrs. Kenneth Durante have petitioned' for Permissive Use to construct and operate a nursery-kindergarten on Lot 3,-Block 3, Rosem~nt Park, located at 612 S.. w. 6th Avenue, and this request is, in. effect, merely to ex- tend the property, owners' intended early development of.LOts 1, 2 and 3 in said'Block, for ~uTsery-kindergarten function, the previous --3- 3-23-70 Council having approved Mr. & Mrs. Durante's petition for similar Permissive Use for Lots 1 and 2 at its regular meeting on September 6, 1969. Further, Council may deny this request for Permissive Use or refer same to the Planning and Zoning Board for the purpose of holding a public hearing thereon. Said request was unanimously referred to the Planning and Zoning Board, on motion by Mr. Scheifley and seconded by Mr. Youngblood. 7o~d. The City Manager reported that Southern Bell Telephone Company requests the privilege of using a .trailer on the grounds of its Work Center, located at 1111 South Congress Avenue, as a training room and conference center, .for a limited time, terminating on October 1, 1970. Further, Council may deny this request or refer same to the Planning and Zoning Board for a public hearing to be held thereon, to be followed by the Board's recommendation to Council. Said request was unanimously referred to the Planning and Zoning Board, on motion by Mr. Youngblood and seconded by Mr. Pitts. 7.e. Council was informed that the Trinity Lutheran School has re- quested the use of the Community Center's auditorium Friday, May 1st from 6:30 to 9:00 .P.M., for the purpose of conducting an Operetta by its students; further, such usage will not conflict with the schedule of the Community Center, and it is recommended that the request be granted. Said request was unanimously granted, on-motion by Mr. Pitts and seconded by Mrs. Martin. 8.a. Concerning issuance of Various Purpose General Obligation Bonds, City Manager Worth,rig reported to Council .as follows.- "On September 22, 1969, Council determined, by adoption of Resolution No. 41-69, to proceed with effecting financial arrangements for certain capital improvement projects'~to be financed by General Obligation Bonds, and so authorized its fiscal agents as well as its bonding counsei. Reynolds & Company, the City's fiscal agents, has submitted 'Resolution No. 24-70, authorizing issuance of varioUs purpose General Obligation Bonds totaling $4,150,000. This resolution was prepared by Mr. John T. Trimble, of Mudge, Rose, Guthrie & Alexander, the City's Bonding Counsel. This resolution has been determined to be in order, approved by the City's Fiscal Agents and City Attorney; 'however, said resolution is purposely in very general form, .not incorporating redemption pro- visions, paying agents and certain other provisions, but due to the possibility of delays due to the new Constitution, and subsequent out- come of a present trial case in St. Augustine relating to a similar bond issue, as well as the procedure followed by Referendum Election in connection therewith, it is recommended that the Resolution be adopted. Any normal provisions for a Resolution of this type, including those just reviewed, which have not been incorporated in this Resolution No. 24-70, may be provided in a subsequent resolution, prior to the time of bond sale, when possible additional regulations and conditions may become known and effective as a result of the new Constitution." The City Manager then presented RESOLUTION NO. 24-70. A RESOLUTION PROVIDING FOR THE ISSUANCE OF $1,450,000 STORM DRAINAGE BONDS, $2,260,000 WATER TREATMENT PLANT BONDS AND $440,000 FIREHOUSES AND EQUIPMENT BONDS OF THE CITY OF DELRAY 'BEACH, FIX- ING THE MATURITIES, FORM AND OTHER DE- TAILS .OF SAID BONDS AND PROVIDING FOR THE PAYMENT OF THE PRINCIPAL AND INTER- EST THEREOF, ~" (Copy of Resolution NO. 24-70 is.attached to ~he. official copy Resolution No. 24-70 was unanimously passed and adopted on this first and final re~adi~, on motiOn'by Mr. Scheifley and"seconded by Mr. Youngbld~. 8.b. City Manager Worthing presented RESOLUTION NO. 25-70~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING PART OF PLAT NO. '1 OF HOMEWOOD ADDITION TO THE CITY OF DELRAY (FORMERLY LINTON) TOGETHER WITH ROADS, THE AFORESAID PLAT BEING RECORDED IN PLAT' 'BOOK 15, PAGES 23 AND 24, OF THE PUBLIC RECORDS OF PALM BEACH. COUNTY, FLORIDA. (copy of Resolution No. 25-70 is attached to the official copy of these'minutes.) S~e page 64-N, Resolution No. 25-70 was unanimously passed and adopted on this first and final reading, on motion by Mr. Scheifley and seconded by Mr. Pitts. 8.c. City Manager Worthing presented RESOLUTION NO. 26-70. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTH'ORIZ- IN, G THE EXECUTION OF AGREEMENT FOR ~PRO- VIDING CONNECTION OF THE WATER SYSTEMS OF DELRAY BEACH AND HIGHLAND BEACH TO GUARD AGAINST THE POTENTIAL DANGER OF EITHER SYSTEM'S FAILURE EAST OF THE INTRACOASTAL WATERWAY, AND TO PROVIDE FOR EQUAL SHARING' OF SUCH INSTALLATION .COST. (Copy of Resolution No. 26'70 is. attached to .the official copy of these minutes.) See page 64-0.' The City Manager said that the Agreement, when properly executed, will be attached to and form a part of Resolution No. 26.-70. Mr. Pitts moved that Resolution No. 26-70 be passed and adopted on this first and final reading, subject to Council approval of the Agreement. The motion was seconded by Mr. Youngblood and carried un an imo u sly. 8.d. The City Manager presented ORDINANCE NO. 6-70. AN ORDINANCE OF THE CITY OF DELRAY-BEACH, FLORIDA,' AMENDING SECTION 1-7, CHAPTER 1, CODE OF ORDINANCES- OF THE CITY OF DELRAY BEACH, FLORIDA, PERTAINING TO APPLICATIONS REQUIRING PUBLIC NOTICE. (Copy of Ordinance No. 6-70 is attached to the official copy of these minutes.) See page 64-P. A Public Hearing having been legally advertised in compliance with the laws of the State of Flor.ida and the Charter of the City of Delray Beach was held,, and there being no objection to Ordinance No. 6-70, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Scheifley and seconded by Mrs. Martin. 8.e. City Manager Worthing presented ORDINANCE NO. 7-70. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY. BEACH., FLORIDA, ANNEXING TO THE C~TY OF DELRA¥ BEACH, LOT ~1, BLOCK 2, DEL.~RATON PARK, WHICH LAND IS 'CONTIGUOUS TO EXI~NG MUNICIPAL -5- 3-23-70 LIMITS OF .SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR TBE RIGHTS AND OBLI.~ATIONS OF SAID LAND; AND PRO- VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF.. (Copy of Ordinance No. 7-70 is attached to the official copy of these minutes.') See page 64-Q. 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. 7-70, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Youngblood and seconded by Mr. Pitts. · 8.f. The City Manager presented ORDINANCE NO. 8-70. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY. OF DELRAY BEAcH, FLORIDA, AMENDING SECTION 107..4 (d) OF THE SUPPLEMENT TO THE SOUTHERN STANDARD BUILDING CODE, SECTIONS 13-4 (f), 13-13, AND 21-7, CODE OF ORDINANCES RELATING TO A REINSPECTION FEE OF $8..00 FOR BUILDING, ELECTRICITY AND PLUMBING INSPECTIONS AND~ ADOPTING NEW SECTIONS IN THE ELECTRICITY CODE RELATING TO MISCELLANEOUS PERMITS AND INSPECTIONS. Ordinance No.. 8-70-was unanimously placed on first reading, on motion by Mr. Scheifley and seconded by Mr, Youngblood. 8.g. The City Manager presented ORDINANCE NO. 9-70. AN ORDINANCE OF THE CITY COUNCIL OF. THE CITY · OF-DELRAY BEACH, FLORIDA, .AMENDING SECTIONS . 29-7.4; 29-6; 29-7; and 29-7.01, CHAPTER 29, OF THE CODE OF ORDINANCES PROVIDING FOR AD- DITIONAL PARKING SPACES FOR ALL LIVING UNITS IN DELRAY BEACH, FLORIDA. Ordinance No. 9-70 was unanimously placed on first reading, on motion by Mr. Pitts and seconded by Mr. Scheifleyo 8.h. City Manager Worthing presented ORDINANCE'NO. 10-70. AN ORDINANCE OF THE ~CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, 'REZONING AND PLAC- ING CERTAIN LANDS IN THE SOUTH QUARTER OF SECTION 24, TOWNSHIP 46 SOUTH, RANGE 42 EAST.. AND IN THE NORTH QUARTER OF SECTION 25, TOWN- SHIP 46 SOUTH, .RANGE 42 EAST, IN "RM-1 MULTIPLE FAMILY DWELLING DISTRICT", .AND. AMENDING "ZON- ING MAP OF DELRAY BEACH,-FLORIDA, 1969". Mr. Youngblood moved that Ordinance No. 10-70 be placed on first reading, the motion being, seconded by Mr. Scheifley. Upon call of roll, Mr. Scheifley, Mr.~ Youngblood and Mayor Saunders voted in favor of the motion and Mrs. Martin and Mr. Pitts were Opposed. 9.a. Regarding proposed development plans for Lots 23, 24, 25, 26 and 27, 1st Addition to Kenmont Subdivision, City Manager Worthing reported that Council, at its last regular meeting, deferred action on the Site Plan for this proposed develoPment, in view of added parking spaces~ being desired as a result of increasing from 1.7 ~to 2.0 required parking spaces, for dwelling units, including 2 or more bedrooms. Further, the Planning and Zoning Board"reports, .under,'date -6- 3~-223-70 of March 19, 1970,-~..that inasmuch i as the developer has provided the necessary additional' parking spaCes called for in the revised parking space requirements being currently processed by ordinance, it recom- mends approval of the 'revised Site Plan for the development of Lots 23 thru 27, 1st Addition to Kenmonto Mr. Pitts moved to sustain the recommendation of the Planning and Zoning BOard in approval of the Site Plan for said Lots 23 thru 27, 1st Addition to Kenmont. The motion was seconded by Mr. Youngblood and carried unanimously.. 9.b. Regarding proposed development plans of a tract of land, com- prising approximately 24 acres in the Center of Tropic Palms Subdivi- sion, adjacent to and north of Dotterel Road, City Manager Worthing re- ported that Council, at its last regular meeting deferred action on the Site Plan for this proposed development, in view of pending .local legislation concerning parking space 'requirements.~ Further, that the Planning and Zoning Board reports, under date of March 18, 1970,. that the developer has revised his original Plans to provide additional parking ~paces on the basis of 1.7 spaces for .one-bedroom dwelling units, and 2.0 Parking spaces for two or more bedroom dwelling units, and recommend approval of the Site P~an for development of Lake Ray, as s~ubmitted by its developer. Mrs. Martin moved~ to sustain the recommendation of the Planning and 'Zoning Board and 'grant approval of said'Site Plan, the motion being seconded by Mr. Youngblood and .unanimously carried. Mr. Arth~ur Strock, Engineer., representing Mr. A. L. Shapiro., owner and developer of LAKE RAY, informed Council that the City Engineer had checked the Preliminary Plat' of LAKE"RAY and they now .have the Final Plat prepared. He asked if Council Could consider the Final Plat of LAKE RAY at this time. City Manager Worthing recommended that the procedure as. outlined in the Subdivision Ordinance concerning approval of Plats .be complied with. City Engineer Flem'ing pointed out that a Prel.iminary Plat contains all engineering information such as.streets, sidewalks, sewers, water, etc. He said that he had checked the Preliminary Plat of LAKE RAY and it is acceptable to-him, but he did not know whether same had been checked and approved by the .Plann. ing Board. ... Mr. Shapiro informed Council that he is meeting 'tomorrow with the financial people behind his project and said that he had expected to have approval of the Plat of the property as well as Site Plan Approval. Council assured Mr. Shapiro that When the procedure as outlined in the Subdivision Ordinance has been followed and everything is in order the the Final Plat will be approved, Which action can be taken care of at the next regular 'Council meeting. 9.c. The City Manager presented the following Planning and Zoning Board report concerning a request from iMessrs. Ted Roth and Samuel Scobee for abandonment of a portion of the east-west alley in Block 97. "At a public meeting held on March 17th, 1970, at 4'~00 P.M. in City Hall, the Board considered an amend- ed petition for the abandonm.ent of a portion of the East-West alley in Block 97, Highland Park Subdivision. The amendment is a dedication of a 32-foot .radius cul- de-sac to. the public to allow necessary vehicular move- ment. The proposal is shown-on the attached map. The Board passed by a 6 to 1 ~vcte to recommend the city Council grant the petition. Mr. Roy M. Simon dis- sented." The City Manager said that Council may deny this abandohment re- quest or sustain the recommendat-~on of the'.-Planning and Zoning B~ard in granting the request which is-. sUjbe, ct to Mr. SCObee-dedicating to .'the public, for a. 25-foot radiuS-~ul-de-sac, the East' 50 feet of the West 66 feet. of Lot 10, in said Block 97. 3-23~70 Mrs. Martin moved to sust&in the recommendation of the Planning and Zoning Board in granting said request, subject to Mr. Scobee dedicating to the public the East 50 feet of the West 66 feet of Lot 10, Block 97. The motion was seconded by Mr. Pitts and carried unan imous ly. 9.d. City Manager Worthing read the minutes of the Beautificat~ion Committee meeting of March 11, 1970. 10.a. Mayor Saunders recognized Mr. Clifford Durden, Jr., a Carver High School teacher, and his class who attended the Council meeting as they are studying City Government. 10.a. Rev.- Semmie Taylor asked if there had been any progress made on obtaining more housing and on the proposed Housing Authority. Mayor Saunders reported there had been 'one meeting with a County Official concerning a Housing Authority and he was to contact the City at a future date on having some surveys-made in this area. Rev. Taylor mentioned the beach revetment and erosion, and told Council of what Deerfield.Beach is doing on their beach to try to solve the erosion problem. Mayor Saunders said that the City Engineer could make a study of what they are doing in Deerfield Beach to see if it would heap here. Mayor Saunders also reported as folIows: "We had a meeting with the head of the Florida Beach and Shore Preservation and we asked them what to do as our beach is going. Their suggestion was that we ask the Corps :of Engineers to come in with a study, and see if. they will take a pie.ge .of beach.as small as ours, w~:ich is a mile. long and see what they suggest doing with it. We had to work through the County Commission to do that, and earlier in the evening, we told the audience that we have petitioned the County Commission, they have unanimously said that they will go along and ask the Corps of Engineers to come in and see what their suggestion would be for not only nourishing our beach but trying to fix some way to stop this erosion problem. We are in that process right now, we are.not "standing still, we are trying to do something with it." 10.a. Mrs. Charlotte Durante asked Council about improving S. W. 6th Avenue south from 4th Street southerly in order that they would have ingress and egress to their proposed nursery-kindergarten. City Man- ager Worthing reported that he and City Engineer Fleming are review- ing this item at the request of Mrs. Durante, and a recommendation will be presented to Council at its next regular meeting on April 13. 10.b. City Manager Worthing informed Council that Radio Station W.D.B.F. requests permission to tape the Council meetings for the pur- pose of using excerpts from said meetings for news broadcasts. Said pe~ission was unanimously granted, on motion by Mr. Pitts and seconded by Mrs. Martin. 10.b. City Manager Worthing informed Council that the Delray Church of the Nazarene has requested permission for solicitation of funds, by mail, from April 16 thru the 30th of April, 1970, for the purpose of obtaining construction funds for church and school, and that the Solicitations Committee has reviewed said application and recommend that permission be granted. PermissiOn for the Delray Church of the Nazarene to solicit funds, as requested, was unanimously granted, on motion by Mr. Scheifley and seconded by Mr. Pitts. 10.b. Mayor Saunders announced that he had received a notice from the Kiwanis Club of Riviera Beach formally inviting the citizens of De~lray Beach to the Annual Palm Beach International Custom Car Show that opens in the West Palm Beach Auditorium on Good .Friday at 4~00 P.M. and runs -..~.!.~through Easter Sunday night. He said this is a charitable event, and ~ help publicize the event some of the cars will be in a motorcade and ~.,~ ~ .-en~ at the Delrav Be~ ~ty Hall at 12:00 noon on Thursday. 10.C. City Manager Worthing presented the following Bills for Approval: General Fund $214,178.49 Water Operating & Maintenance Fund 8,481.87 Water ReVenue Fund 100,952.01 Refundable Depos its ~und 23,2'12.82 Special Assessment Fund 2,779.50 Utilities Tax Revenue Fund 35,000.00 Sewer Revenue Fund 20,000..00 Cigarette Tax Fund 75.00 Capital Improvements Construction Fund 1,035.95 Mr. Scheifley made the following request: "i have a ~ninor request for the City Attorney. Sometime between now and October. 1st I would like to request that he check on a Couple of these items for their legality and propriety in view of the fact that some of the requests we denied during the last year, of Voucher No. 4983. I wish he would check on it and give us an opinion so that we'make sure it is legal." The Bills were unanimously approved for .payment, on motion by Mr. Youngblood and seconded by Mr. Pitts. The meeting adjourned at 10:30 ........... R. D. WORTHING · ~ City Clerk MAYOR '9- 3 ~23-~'70 PROPERTIES IN VIOLATION OF ORDINANCE NO. G-147 AND SECTIONS 15-3 and 15-4 OF THE CITY CODE. CITY OWNER AND ADDRESS ~ROPERTY DES~RIPT~QN CODE 1. Earl G. & Elizabeth J. Vacant part of Lots 11 and 15-3 Carlisle 12, Block 43. & 90 N. E'. 104th'Street (12'6'132 N.' W. 2nd &venue) 15-4 Miami, Florida 33138 2. John D. Cole South 800' of North 1655' of 15-4 3535 Salem Avenue .. East 425' of that part of SE~ Dayton, Ohio 45406 of Section 19-46-43 lying West of West right-of-way line of S.A.L.R.R. (1025 thru 1301 S. Congress Avenue) 3. C. Richard Heileman Estate Parcel as described in 15-3 c/o Broward National Bank OR 1198-21, Section 28-46-43. P. O. Box 61 (McCleary Street) Ft. Lauderdale, Florida 33302 Violations 15-3' and 15-4 as concerns this report are as follows: 1. 15-3 - Debris 15-4 - Weeds and undergrowth 2. 15-4 - Undergrowth 3. 15-3 ' Debris and tree limbs Submitted to the City Council by the City Manager on this the 23rd day of March, 1970. 64-B RESOLUTION NO. 24-70. A RESOLUTION PROVIDING FOR THE ISSUANCE OF $1,450,000 STORM DRAINAGE BONDS, $2,260,000 WATER TREATMENT PLANT BONDS AND $/~/~O,000 FIREHOUSES AND EQUIPMENT BONDS OF THE CITY OF IELRAY BEACHs /~IX- · ING THE MATURITIES, FORM AND OTHER I]E- TAILS OF SAID BONDS AND PROVIDING FOR THE PAYMENT' OF THE PRINCIPAL AND INTER- EST THEREOF. WHEREAS, pursuant to Ordi'nance No. 40-69, here- tofore adopted by this Council, there was du~..~ submitted to the qualified electors residing in the City of Delray Beach who were freeholders at an election held on the 2nd day of December,~1969, the question of the issuance of bonds of the City in the principal amount of $1,450,000 for the purpose of financing the cost of the construction and acquisition of a st6rm, drainage system in said City, $2,260,000 for the construction and acquisition of a water filtxation and treatment plant for the water system of said C~ty.. and $440,000 for the construction and acqui- sition of new firehouses and fire equipment for said City~ and purposes necessary or incidental thereto; and · WHEREAS, at said election the issuance of said bonds for said purposes was duly approved by a majority of the votes cast in said election~ in the manner provided in the Constitution and Statutes of the State of Florida, now, therefore, BE IT ORDAINED BY TEE CITY COUNCIL OF TEE CITY OF IELRAY BEACH, FLORIDA: Section 1. That for the purpose of providing funds to finance the cost of the construction and acquisition of storm drainage system in the City, and other purposes appur- tenant, necessary or incidental thereto, there shall be is- sued bonds of the City of Delray Beach in the aggregate prin- cipal amount of not exceeding One Million Four Hundred Fifty Thousand Dollars ($1,450,000:), pursuant to the Charter of said City, constituting Chapter 25786, Laws of Florida, Acts of 1949, as amended and supplemented: and other appli.cable .statutes. Said bonds sb~ll be designated "Storm Drainage Bonds", shall beA..dated February 1, 1970: shall be in the de- nomination of, Five Thousand Dollars ($5,000) each~ shall be numbered from 1 to 290, both inclusive, and shall bear inter- est at a rate or rates not exceeding the maximum legal rate permitted by law on February 1st and August 1st of each year. Said bonds shall mature in numerical order on February of each year as follows: 197.3 ~5~000' 1984 $70~000 1974 ~5~000 1985~ $75:000 1975. ~5;000 1986 $85~000 1976 $5~ 000 1987 $85~ 000 ' 1988 $95 ~ ooo 1977 $15~000 197~ ~5;000 1989 ~lOO~OOO 19/9 ~35;ooo 199o ;lO5~OOO 19~0 ~50~000 I991 ~115~ 000 1981 $55~000 199~ ~lR5~ 000 198_~ $60~000 1995 ~1.30~000 1983 ~65,000 199~ $1~0,000 · Section 2, That for the purpose of providing funds ta finance the cost of the construction and acquisition of a water filtration and treatment plant for the water' sYstem of the City, and other purposes appurtenant, necessary or inci- · dental thereto, there shall be issued bonds of the city of Delray Beach in the aggregate principal amount of not exceed- ~lng Two Million Two Hundred Sixty Thousand Dollars ($2,260,000): pursuant to the Charter of said City: constituting Chapter 25786, Laws of Florida, Acts of 1949, as s~ended and supplemented, and other applicable statutes. Said bonds shall be designat- ed "Water Treatment Plant Bonds", shall be dated February l, 1970, shall be in the denomination of $5,000 each, shall be numbered from i to 452, both inclusive, and shall bear inter- est at a rate or rates not exceeding the maximum legal rate Permitted by law on February 1st and, August 1st of each year. Said bonds shall mature in numerical order on February 1st of each year as follows: Year Amount Year Amount 1973 ~15~000 i98;$' $I05,000 1974 ~15, ooo 1985 $i15, ooo 1975. ;15,000 1986 ~120 ~ 000 1976 ~15~ 000 1987 ~i$5~ 000 xg!I ;3o; ooo ~988 ~o ~ coo x97~ ;45; ooo ~989 $~5o ~ ooo ~99o $m65,ooo mg~o ooo ~99m $m75,ooo ~98m $8 5; ooo ~99~ ~ ~9o ~ ooo mg~ $9o~ooo m99~ ~o5,ooo 19~ 3 $9 5,000 1~95 $220,000 section 3. That for the .purpose of providing funds 64-E to finance the cost of the construction and acquisition of new firehouses in the beach area and in the south area of the City and the acq~tlsition of fire e~uipment, including an aerial platform fire truck with snorkel and '~wo pumper fire trucks, · and other purposes appurten~nt,~ necessary or incidental there- to, there shall be issued bonds of the City of Delray Beach in the aggregate principal amount of not exceeding Fou~ Hundred Forty Thousand Dollars ($440,000), pursUant to the Charter of said City, constituting Chapter 28786, L~ws of Florida, Acts of 1949, as amended and supplemented, and other applicable stat- utes. Said bonds shall be designated "Firehouses and Equipment Bonds", shall be dated February 1, 1970, sh~ll be in the de- nomination of $5,000 each, shall be numbered fr°m 1 to 88, both inclusive, and shall bear interest at a rate or rates not ex- ceeding the maximum rate permitted by law on February 1st and August 1st of each year. Said bomds shall mature in numerical order on February 1st of each year as follows: Year Amouut Year Am 6u_~t ~ ~o00 ~ ~o~0o 1974 ~5~ooo 1985 ~o~o0o ~. ~ooo ~ ~o,ooo ~ ooo, ~ ~ooo ~ ~; ooo ~.~ ~, ooo 197~ 0o0 1989 ;3o~ooo ~E ,~o~ooo ~o ~o~ooo $15~ 000 1991 ~35~ 000 198~1 $20~000 1992 ;~5~000 1982 ~20 ~ 000 .I995 ;$0 ~ 000 1983 $20,000 1994 ;45,000 Section 4. Said bonds sh~ll be executed in the · name of the City by its Mayor'and its corporate seal or a fac- ~ simile thereof shall be affixed thereto or reproduced thereon and attested by its City Clerk. The facsimile signatures of said Mayor and City Clerk may be imprinted or reproduced on · said Bonds, provided that either the Mayor or City Clerk shall · - manually apply his signature on said bonds. The coupons at- tached to said bonds and va. lldation legend appearing on each iof said~Bonds shall be authenticated with the facsimile sig- matures of the present or any future Mayor and City'Clerk. The principal of and interest on said bonds shall be payable in lawful money of the United States of America at such place or places, within or without the S.tate, and said bonds may have such provisions for prior re- .demption as shall be hereafter determined. Section 5. That said bonds shall be registerable as to principal only or as to both principal and interest in the manner hereinafter provided in the form' of said bonds. Section 6. That 'said bonds and the certificate of · validation to be printed on the back thereof shall be sub- stantially in the following form: 64-G No. UNITED STATES OF AMERICA .$5,000 STATE OF FLORIDA COUNTY OF PALM B~ACH CITY OF IELRAY BEACH C STO DRA NAaE BOND) (F REH0USES AND BON.D) .~ (WATER TREATMENT PLANT BOND) KNOW AT.T. MEN BY ~"~ESE PRESENTS that the City of Delray Beach, in the CountY of Palm Beach, a municipal cor- poration of the State of Florida, for value received, here- by acknOWledges itself to b'e indebted and .promises to pay to bearer, or if registered to the registered hblder hereof, the sum of FIVE THOUSAND DOLLARS. in lawful money of the United'State of America at the . on the first day of February, '19 , with interest thereon at 'the rate of~ per centum ( per annum, payable semi-a~ually in like lawful money at the same place on the'~ first day of February and the first day of AugUst in .each year, until the payment of the said principal sum, upon presentation and surrender of the an- nexed coupons as they severally become due, or if this bond is registered as to principal and interest to the registered holder at the request of the holder. (Here insert redemption provisions if any) This bond is one of an 'issue of bonds of like date~ amount and 'tenor, except as to interest rate and maturity, amounting in the aggregate to not more than and related purposes, pursuant to the Constitution and stat- utes of the State of-Floxida, inclUdi.n~.~ particularly the Charter' of said Cit~,~the same 'being Chapter 28786~ Laws of Florida, Acts 'of 19#9, as.amended and supplemented~ and pur- suant to the approval of the freeholders of Said City who were qualified eleCtorS at an electi'on duly Called and held, and pursuant to an ordinance duly adopted by the City Council of said City. It is hereby Certified~and recited that all acts, conditions and things essential to the validity of this bond · ~64~ exist, have happene'd ~nd have been done~ and that every require- ~ent of law affecting the issue thereof, has been duly complied withand that thisbond is within every debt and other limit pre- scribed by the ConstitUtion~and Laws of said State; that the full faith and credit of the City-of Delray Beach, in the County of Palm BeaCh, ~lorida, are hereby irrevocably pledged for the punctual payment of the principal ' and interest of this bond ac- Cording to its terms; and that provision has been duly made for the levy and collection of a direct annual tax without limit as to rate or amount, upon all taxable Property within said City sUfficient to pay the principal of and interest on this bond as the same shall become due. ~ This bond may be registered as to principal only or as to both principal'and interest in the manner.provided on the back of this bond. IN WITNESS'WHEREOF 'the City of Delray Beach, in the County of Palm Beach, Florida, has caused this bond to be issued by its. Mayor, either manually or with his facsimile signature and'its corporate seal to be hereu~.to affixed or impressed or im- printed hereon, and attested by its.City Clerk, either manually or with his facsimile signature, and the coupons hereto affixed to be~signed by the facsimile signatures of said Mayor and City Clerk, which signatures are hereby'coI~ii~ned, and this bond to be dated the first day of February, 1970. CITY OF IELRA¥ BEACH, FLORIDA Mayor ATTEST: City Clerk (Purpose clause in second paragraph of bond form) For Storm 'Drainage Bonds - "One Million Four Hun- dred Fifty Thousand Dollars ($1,450,000) and is issued for the purpose of paying the cost of the construction' and ac- quisition of.a storm drainage system in said City", etc. For Water Treatment Plant Bonds ~ "Two Million Two Hundred Sixty Thousand DOllars ($2,260,000) and is is- sued for the purpose of paying the cost Of 'the construction and acquisition of a water filtration ahd treatment plant for the water system of said City", etc. For FirehOuses and Equipment BOnds.- "Four Hun- dred Forty Thousand ~Dollars ($440,000) and is iissued for the 'purpose of paying the cost of-conStruction and acquisi- tio~ of new firehouses and fire equipment for said City", etc. · ~64-J No. COUPON $ The City of Delray Beach, in the County of Palm Beach, Florida, will pay to bearer Dollars ($ ) on the first day of ~ 19 ',' in lawful money of the United States of America, at the. being six'months interest due tha't day on its (Storm Drain- age Bond) ' (Fir.ehouses~ and Equipment Bond), (Water Treat- ' ment~,~lant Bond), dated February !, 1970,-No.. . CiTY OF EELRAY BEACH, FLORIDA Mayor CERTIFICATE OF VALIDATION This Bond'is one of a series of Bonds which were validated and confirmed by decree of the Circuit Court of the . Fifteen Judicial Circuit of Florida in and for Palm Beach County, rendered on the day of , 1970. ~lerk of'%he circuit cou~t of the Fifteenth Judicial Circuit of'Florida in and for Palm Beach County, Florida · . ~4-K -PROVISION FOR REGISTRATION This bond.may be registered in the name of the hold- er on the books to be kept by the City Clerk of the City as Registrar, or such other Registrar as may hereafter be duly appointed, as to principal only, such registration being noted hereon by such Registrar in the registration blank below, after which no transfer shall be valid unless made on said books by the registe?ed holder or attorney duly authorized and similarly noted in the registration blank below, but may be discharged from registration by being transferred to bearer, after, which it shall be transferable by delivery, but may be again registered as before. The registration of this bond as to principal shall not restrain the negotiability of the cou- pons by de. livery merely, but the coupons may be surrendered and the interest made payable only to the registered holder, in which event the Registrar shall note in the registration blank.below that this bond is registered as to interest as well as principal and thereafter the 'interest will be remitted by mail to the registered holder. With the consent of -the'~ holder and of the City of Delray Beach, this bond, when convert- ed into a bond regi'stered as to both principal and interest~ may be reconverted into a coupon bond and again converted into a bond registered as to both principal and interest as herein- above provided. Upon reconversion of this bond when registered · ' 64-L '. as to principal and.interest into a coupon bon~, coupons repre- senting the interest to accrue upon this bond to date of matur- ity shall be attached hereto by the Registrar and the Registrar shall note in the 'registration blank below, whether this bond is registered as to principal only or payable to bearer. DATE OF : IN WHOSE : MANNER OF : SIGNATURE REGISTRATION : NAME REGISTERED : REGISTRATION : OF REGISTRAR : : : : : : : : : : : : : : : : : : : : : : Section ?. That in each year,while any of the said' bonds shall be outstanding there shall be levied, assessed and collected a direct, tax without limitation as to rate or amount~ upon all taxable proper'ty in the City of Delray Beach, which tax shall be in amounts sufficient to produce the sums necessary to pay the interest on said bonds as .it falls due and the principal thereof as they Severally mature. Section 8. Said bonds shall prior to their lssuanc be validated by decree of the Circuit Court of the Fifteenth Judicial Circuit of Florida in and for Palm Beach County, and the attorney for the City of Delray Beach is hereby'authorized and directed to cause such proceedings for the validation of said bonds to be instituted, and the Mayor of the City is here2 by authorized to verity the complaint or other pleadings in such proceedings and that when validated the said bonds shall be sold as provided by law. Section 9. This resolution shall take effect upon its'passage in the manner provided by law. PASSED ~ND ~DOPTED in regular session on this the 23rd day of March , 1970. /S/ J. L, Saunders MAYOR ATTEST: /S/ R. D. Worthinq City Clerk 64-N RESOLUTION NO. 25-70. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, ~LORIDA, VACATING AND ABANDONING PART OF PLAT NO. i OF HOMEWOODADDITION TO TH~ CITY OF DELRAY (FOP~RLY LINTON} TOGETHER WITH ROADS, THE AFORESAID PLAT BEING RECORDED IN PLAT BOOK 15, PAGES 23 AND 24, OF THE PUBLIC RECORDS OF PALM BEACHCOUNTY, FLORIDA. WHEREAS, the property in the. aforesaid plat comprises a portion of the Delray Beach Country Club and any streets or alleys, shown therein and dedicated to the perpetual use of the public, have never been opened nor developed, and WBEREAS, FloridaGolf Club, Inc., the owner of the following described real property desires the vacation of the above described plat and roads thereon with reference to the following described property so that said property may be sold in its entirety and developed by a purchaser according to its own plans. 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, we here- by declare the following part of a Plat of Homewood Addition to the City of Delray Beach, together with roads, the afore- said Plat being recorded in Plat Book 15, Pages 23 and 24, Public Records of Palm Beach County, Florida, to be vacated and abandoned: Lots 1 through 10, Block 28; Lots 1 through 10, Block 29; Lots 1 through 10, Block 34; Lots 1 through 10, Block 35; Lots 1 through 13 and Lots 20 through 32, Block 36; and Lots 1 through 13, and Lots 20 through 32, Block 37, HOMEWOOD ADDITION, lying in Section 19, Township 46 South, Range 43 East. PASSED AND ADOPTED in regular session on this the 23rd day of March, 1970. /S../ J. %. S aunders MAYOR ATTEST: /S/. R. D: Worthi~g - - City Clerk 64-0 RESOLUTION NO. 26-70. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZ- ING THE EXEcuTION OF AGREEMENT FOR PRO- VIDING 'CONNECTION. OF THE WATER SYSTEMS OF DELRAY BEACH AND HIGHLAND BEACH TO GUARD AGAINST THE POTENTIAL DANGER OF EITHER SYSTEM'S. FAILURE EAST OF THE INTRACOASTAL WATERWAY, AND TO PROVIDE FOR EQUAL SHARING OF SuCH INSTALLATION COST. BE IT RESOLVED, by the City Council of the City of Delray Beach, Florida, a Florida municipal corpo- ration, as follows: 1. That the city of Delray Beach, a municipal cor- poration of the State of Florida does hereby deem it in the best interest of the citizens of this City, east of the Intracoastal Waterway, to enter into an agreement with the Town of Highland Beach, a 'municipal corporation, for establishing an operational connection of the Water Systems of both Delray Beach and Highland Beach. 2. The Mayor is hereby authorized to execute an AGREEMENT between the two municipalities providing for such installation to effect an emergency supply of water from either municipal area to the other in case' of either system's failure. 3. Highland Beach shall cause to be made the neces- sary connection and operational ~alves in accordance with specifications to be furnished by the City of Delray Beach. Total cost of such installation, including all appurte- nances relating thereto, shall be shared equally between the two corporations, and said AGREEMENT, properly executed, is attached hereto and made a part hereof. PASSED AND ADOPTED on this 23rd day of March, 1970. /.S/ J. L. Saunde~s MAYOR ATTEST: ./S/ R ;,. D. r ~o,.r~.hinG city Clerk 64-P ORDINANCE NO. 6-70. AN 'ORDINANCE OF THE CITY OF DELRAY .BEACH, FLORIDA, AMENDING SECTION 1-7, cHAPTER 1, CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, PERTAINING TO APPLICATIONS REQUIRING PUBLIC NOTICE. NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1.-7, Chapter 1, code of Ordinances of this City, be, and the same is hereby amended to read as follows: "Sec. 1-7. Applications requiring public notice - Deposit for costs thereof. Whenever any application is made to the City, whereby it is necessary to publish newspaper notice or to notify property owners or others by mail, the person making application shall deposit with the City the estimated cost and expense of giving such notiue, and monies collected therefor shall be posited in the General Fund of the City." Passed and adopted in regular session on second and final reading on the 23rd day of March , 1970. ~S~. J. L. Saunders MAYOR ATTEST: /S/ R. D,~ W0r~hin City Clerk FirSt Reading ~.rch 9t..~70 ............ Second Reading .~Dr&h 23, 1970 64-Q ORDINANCE NO. 7-70. AN ORDINANCE OF THE CITY COUNCIL OF THE ~CITY OF DELRAy BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOT 11, BLOCK 2, DEL-RATON .PARK, 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 PRO- VIDING FOR THE ZONING THEREOF. WHEREAS, JEROME C. EARL is the fee Simple owner of the property hereinafter described, and WHEREAS, JEROME C. EARL, by his Petition, has consented and given pe~nission for the annexation of said property by the City of Delray Beach, and WHEREAS, the City of ~Delray Beach has heretofore been au- thorized 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: Lot 11, Block 2, Del-Raton Park Subdivision, as recorded in Official Record Book 14, Pages 9 and 10, 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, mn~ 'said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Sect~i~n 3. That the tract of land hereinabove described is hereby declared to be in Zoning District "C-2" as defined by existing ordinances of the City of Delray Beach, Florida. Section 4. .That the lands hereinabove described shall im- mediately become subject to all of. the franchises, privileges, im- munities, 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. com- petent jurisdiction, such reco~d of illegality shall in no way affect the remaining portion. Passed in regular session on the second and final reading on the 23rd day of March , 1970. /S/ J. L. Saunders ATTEST: M A ¥ 0 R _/S/ R. D. Worthing City Clerk ~=First Reading March 9:.. 1970 Second Reading March 23~ 1970