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05-25-70 MAY 25, 1970. A regular ~eeting of the City council of the city of Delray Beach was held in the Council Chambers at 8:00 P.M., with Mayor J. L. Saunders in.the Chair, City Manager J. Eldon Mariott, City Attorney G. Robert Fellows and Council members Grace S.' Martin, John L. Pitts, III, James H. Scheifley and 6. F. Youngblood being present. 1. An opening ~rayer was delivered by Rev. I. F. Mitchell. 2. The Pledge of Allegiance to the Flag of the United States of America was given. 3. The minutes of the regular Council meeting of May 11, 1970, were unanimously approved, on motion by Mr. Youngblood and seconded by Mrs. Martin. 4. City Clerk Worthing read the following letter from the Seacrest High School Athletic Department, dated May 6, 1970, and signed by Clifford E. RiPley, Principal~ Norman Price, Athletic Director~ and Bill Barnes, Swimming Coach: "The Administration, Athletic Department and Swimming Team of Seacrest High School Wish to extend our most sincere appreciation to the City of Delray Beach for the use of the Westside Swimming Pool during, the past school year. We would especially thank Mr. Elijah Morris the pool manager, for many times assisting beyond the nor- mal call of duty to help thw team. He is"a Credit to the~community you serve. It was only through your cooperation that we have emerged as an active participant in the high school swimming and diving program in South Florida. For your help we are indebted." Mayor Saunders asked that Mr. Elliott and the Recreation Depart- mentbe given a copy of this letter of appreciation. 5. Mrs. Martin reporte~ she had been contacted by a member of the Hibiscus Garden Club, who informed her their Club had placed a M&scarena Verschaffeltii (Bottle Palm) in the island on west Atlantic Avenue directly behind the Ben Sundy Memoria/. Plaque, at a cost of $150.00 for the tree plus $50.00 for moving of same. Further, they had contacted the Parks Department concerning care of said tree and had offered to pay for. any care needed, but the tree finally died and had been removed by the Parks Department. She re~orted that said Garden Club is concerned about what happened to thei= tree, and would like to see more beautification done in the City as a whole. Mayor Saunders asked the City Manager to see that said tree was replaced with the same type tree that had been placed by the Garden Club. Mrs. Martin commended the City Manager in keeping the Council members up to date on So many items. 5. Mr. Pitts referred to the recently proposed Clean-up Campaign, and reported that the Boy Scouts are planning to start said Campion the weekend. 8ftefLabo~Day. 5. Mr. Pitts asked that the City Manager check into the condition of S. E. 7th Avenue south of 4th Street which right-of-way was recently acquired by the City. He also asked that the city Manager check out a complaint{%oncern- lng dogs running loose an4 creating a nuisance on N. E. 1st Avenue between 1St and 2nd Streets, -1- May 25, 1970 He suggested that the Dog Ordinance be discussed and enforced. Mr. Pitts referred to a report made by Mr. Scheifley at the last Council meeting regarding a meeting of the Palm Beach Municipal League he had attended, and his stressing the importance of a Beach EroSion Program. He said that Mr. Everett Palmatier of Delray Beach has been most active in trying to'help the City regarding Beach ErOsion, and suggest- ed a workshop meeting in order for Council to hear what Mr. Palmatier is proposing regarding a Beach Prevention Erosion' District such as they had in Br0ward County which resulted' in their' sand nourishment program~ Mr. Pitts presented the CityManager with some Colored pictures and a letter from a resident concerning conditions of signs, etc. that could be taken care of and give a much better appearance. Mr. Pitts referred to the pr°posed construction at 250 South Ocean Boulevard, and of a building permit for same being issued in April of' this year. He asked that the City Attorney research and discuss with Council just what "starting construction" means according to the City regulations. Mayor Saunders asked the City Attorney to have an opinion for Council on this item for presentation to Council at a'workshop.meeting on June 1st. 5. Mr. Scheifley said it is his understanding there Will be a meeting of the Executive Committee of the Palm Beach CountyMunicipal League this week, and Mayor Saunders and City Manager Mariott have agreed to attend said meeting in an attempt to get the item of Beach Erosion on the agenda of the next meeting of said League, with the idea of pos- sibly getting a Resolution asking for State or Federal aid. Mr. Scheifley referred t° Council actionon April 13, 1970, re- garding application for Taxi Licenses by the Yellow Cab Company, at which time there was discussion of the current taxi service being proved and a December 1, 1970 date set for Council to investigate and determine if such serviCes had been' improved. Further, it had been suggested that in' the meantime, an Ordinance be passed and adopted concerning the control of taxis. He said it is his desire that such an Ordinance be passed and adopted within the'next couple of months. Mr. Scheifley reported he had made'a trip since the last Council meeting to his home town in Pennsylvania, a city approximately the size of Delray Beach, 'and while there he Checked into the form of government, trash and garbage disposal, taXeS, etc., and the CitY'of Delray Beach has no problems as compared to some of those cities. He said he appreciates very muChbeing~in Delray Beach and hopes that others feel the same. 5. Mr. Youngbl°od said he would like.to see the City tighten their control of junk in the westward area, Particularly on S. W. 4th Avenue between Atlantic Avenue and 1st Street, where there~are junk cars. Also in the area of'S. W. 6th and 7th Avenues there are many junk cars at the rear of the homes. city Manager Mariott reported that action was taken late last week to reactivate the Junk Car Removal Program, and it was set up to begin the first of this week. Further, that he would check out other junk in that area mentioned by Mr. YoUngblood. 5.' Mayor SaUnders asked if the City Manager was aware of the propos- ed Ordinance concerning control of 'taXis, and said that'theClty Attorney will obtain copies of similar ordinances from the surrounding ~owns for Council consideration. 5. MayOr saunders announced that this 'isthe last officiai COuncil meeting for Mr. R. D. Worthing and read RESOLUTION NO~ 36-70 COMMEND- ING RETIRING CITY CLERK R. D. WoRTHiNG which ResolUtion was unanimous- ly passed and adopted On this first and final'reading. (Copy of ResOlution No. 36-70 is attachedto the official copy of -these minutes.) See page ~8-A. 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 Ordinances, the motion being seconded bY Mr. Pitts and unanimously carried. (Copy of the Nuisance Survey is.at- tached to the official copy of these minutes.) See page 98-B. 6.b, Concerning a request of Radio Station WDBF for permit to erect a sign on its grounds on the southeast corner of West Atlantic Avenue and Homewood Boulevard, City ManagerMariott informed Council that the proposed sign is a two-faced sign of triangular design and would be approximately 8 feet high and 32 feet in length. He referred to the definitions of signs and billboards in Chapter 3, Sec. 3-1 (a), (b) and (c) of the Code of Ordinances, which types of signs are Banner signs, Outdoor advertising displaysigns and Commercial advertising signs, and are prohibited except by special permit of the City Council. He said this proposed sign would be under the ~ategory of the Outdoor Advertising Display Sign; further, that the plans for sign, including site plan, have been reviewed by the Building Inspection Department and it has been determined that the sign construction and location meet all City.Ordinance requirements. The City Manager further stated that he is not in favor of permitting large signs of this type to be located on vacant premises in the City, in general, advertising busi- nesses elsewhere, but due to the peculiarity of this particular situa- tion in that it would be on the premises of the Radio Station and built in.a location where a building itself could be built, he felt the best interest of the City would not be hurt by Council approval of said installation, and this should not set a precedent concerning future applications for similar signs. Following general discussion, Mr. Pitts moved to approve the sign, the motion was seconded by Mr. Youngblood and carried unanimously. 6.c. Regarding additional repairs to the revetment wall, the City Manager informed Council it is recommended that the Contract with the Murphy Construction Company be authorized, and that today the estimated costs to the City for extending the Contract to reconstruct the approx- imately 114 feet has been updated, and the total estimated cost is $21,000, $18,500 of which will be to the Murphy Construction Company, the other $2,500 cost to be incurred by the City for pouring of con- crete blocks that need to be replaced. The City Manager said the two basic reasons for the recommendation that said work be done are for appearance sake, and to further attempt to protect the existing revetment. Following a question regarding funds to cover the cost of said revetment wall reconstruction, Finance Director Weber informed Council this would be a continuation of the other contract with funds coming from the Disaster Trust Fund. It was pointed out that Murphy Construction Company had agreed to provide such repairs, in their letter dated December 16, 1969, and at the original unit prices reflected therein; further, such agreement was also set forth in Murphy Construction Company's letter of March 10, 1969, and that the terms and conditions for such repairs expires on June 1, 1970. Mr. Youngblood moved that this request for authorization for ad- ditional repairs to the revetment wall be granted. The motion was seconded by Mr. Scheifley. Following general discussion, and upon call of roll, Mrs. Martin, Mr. Scheifley, Mr. Youngblood and Mayor Saunders voted in favor of the motion, and Mr. Pitts was opposed. 6.d. City Manager Mariott said it is recommended that Council provide for the future appointment of a Housing Authority, the establishment of a Housing Authority and the bringing into existence in Delray Beach of Public Housing in order that the City of Delray Beach may not permit an undue delay in establishing provision for public housing for those persons who probably will be displaced as a result of construction of -3- May 25, 1970 1-95 and for.other people in need of low-rent public housing in the City. Mr. Scheifley moved that th~ Administration be instructed to dertake all the mechanical steps in the procedure neceSsarY Which will lead up to a final decision by Council to establish a Delray Beach Housing Authority. The motion was seconded by Mr. Pitts and carried unanimously. 6.e. A proposed Contract for the construction and operation of an off- shore breakwater composed of a linc'of "ERO JACKS" between the City of Delray Beach and Caribe Scientific, Inc. Was presented to Council and the City Manager reported that the "EROJACKS" would be installed with- out cost to the City except for the cost of unloading of the JACKS up- on delivery to the Beach, that ~stimated cost being from $250.00 to $300.00. The City Manager said he didn't think ~he City had anything to loose and maybe something to be gained and he thought it should be tried. Mr..Pitts moved to approve the installation of the "ERO JACKS" as specified in said Contract. The motion was seconded by Mr. Youngblood following assurance from the City Attorney that he approved of the Contract. The motion carried unanimously. (CoPy of said Contract is attached to the official copy of these minutes.)~x/p~ ~N-A-I.- 7.a. A request from the St. John's Primitive Baptist Church for Per- missive Use to allow construction of a Church and associated buildings on the South 93 feet less the West 182..3 feet thereof, Block 11, was unanimously referred to the Planning and Zoning Board for a Public Hearing to he held thereon, followed by the Board's recommendation to Council, on motion by Mr. Pitts and seconded by Mr. Youngblood. 7.b. City Clerk Worthing informed Council that in 1954, the Currie Investment & Title Guaranty Company, (Judge Banzai F. A. Currie, President), donated to the City of Delray Beach that. tract of land known as CUP~IE Co~4MON, later identified as the Little League Baseball Field, which land lies between S. E. 7th and 8th'Streets, adjacent to the easterly right-of-way line of the F. E. C. Railway, and bound on the east by S. E. 2nd AVenue, and presented the following letter from the American Legion Milton-Myers Post No. 65, dated May 16, 1970, signed by Allan A. Wells, Adjutant: "Milton-Myers Post. 65, American Legion in conjunc- tion with a number of local businessmen in 1951 started the sponsorship of Little League Baseball in Delray Beach. Construction was later started on the present Little League Field at a site known ~as CURRIE COMMON on South- east 7th Street. With the cooperation of the City of Delray Beach, the Palm Beach County Commissioners and many local businesses we have been able to~build and~maintain an ex=~llent..field, building and associated apparatus. This baseball park is'on land deeded by the Currie Investment Co. on 1954 to .the City of Delray Beach subject to a 99-year lease held by Milton-Myers Post No. 65. In view of the original generous donation to the City of Delray Beach by the Currie Investment Co., members of this post voted to request the City of Detray Beach to designate this park as CURRIE PARK or CURRIE COMMON and erect thereon an appropriate plaque commemorating the gift." Mayor Saunders suggested approval of dedication of said property to the Curries and determine from the American Legion if they have a preference as to it being a PARK or COMMON. Mr. Scheifley moved that the request for a Plaque for said par- ticular area be approved, as either CURRIE PARK or CURRtE COMMON, de- pending upon the choice of Milton-Myers Post No. 65, and that the City -4- May 25, 1970 93 Manager make a recommendation as to where the money to cover the cost involved would come from. The motion was seconded by Mr. Youngblood and carried unanimously. 8.a. City Clerk Worthing presented RESOLUTION NO. 34-70. 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 OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH SUCH DEMOLITION AND LEVYING THE COST FOR SUCH DEMOLITION AS A SPECIAL ASSESSMENT, 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 '~-~. r BEACH, FLORIDA. (Copy. of Resolution No. 34-70 is attached to the official copy of these minutes.) See page 98-C. In compliance with the Code of Ordinances, a Public Hearing was held for the purpose of effecting a special assessment, in the amount of $200.00 against Lot 26, Block 4, Monroe Subdivision, Delray Beach. There being no objection to said proposed assessment for demoli- tion costs, Resolution No. 34-70 was unanimously passed and adopted on this first and final reading, on motion by Mr. Youngblood and sec- onded by Mrs. Martin. 8.b. They City Clerk presented RESOLUTION NO. 35-70. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID CITY; SETTING OUT ACTUAL.COSTS INCURRED BY SAID CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF SAID NUISANCES, AND DECLARING SAID LEVY TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY RE- PORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 35-70 and attached assessments are attach- ed to the official copy of these minutes.) See pages 98-D-E. Resolution No. 35-70 was unanimously passed and adopted on first and final reading, on motion by Mr. Pitts and seconded by Mrs. Martin. 8.c. The City Clerk presented ORDINANCE NO. 14-70o i AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF . DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, NAMELY LOT 20, FIRST ADDITION TO KENMONT, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; RE- DEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. 902 McKee Lane (Copy of Ordinance No. 14-70 is attached to t}~e official copy of these minutes.) See page 98-F. -5- May 25, 1970 94 A Public Hearing havingbeen legally'advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach was held, at which time Mr. Wm. H. Murtha, 1202 N. E. 9th Avenue, objected to said annexation on the grounds that he did not think the annexation of N. E. 9th Avenue by Ordinance adopted on April 27th, 1970, is legal, and does not make that land contiguous to the City limits of Detray Beach. City Attorney Fellows reported that the City has a right,~y Charter, granted by the State Legislature, to annex street rights-of- way, and City Manager Mariott reported that N. E. 9th Avenue right- or-way is needed in the City in which to locate sanitary sewer collec- tion facilities to serve properties within the City in that area. Council was informed that the owner of Lot 20, First Addition to Kenmont, and other property owners in that area requested annexation to theCity. Mr. Scheifley moved that Ordinance No. 14-70 be passed and adop- ted on this second and final reading, the motion bein~ seconded by ~ Mrs. Martin and unanimously passed. 8.d. City Clerk Worthing presented ORDINANCE NO. 15-70. AN ORDINANCE OF THE CITY COUNCIL OF T~E CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, CERTAIN LANDS LOCATED IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, %~ICH LANDS. ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLIGATIO~S OF SAID LANDS; AND PRO- VIDING FOR THE ZONING THEREOF. 2901-2915 W. Atlantic Avenue (Copy of Ordinance No. 15-70 is attached to the official copy of these minutes.) See page 98-G.--~~j~~/~.~P~/_~ The City Clerk reported that the Planning and Zoning Board, at its regular meeting held on May 19th, unanimously recommends annex- ation of this tract of land under R-1AA Classification rather than the RM-1 classification requested by the petitioner; further, said Board reported it feels that any other zoning classification should be delayed until Barr, Dunlop & Associates has completed their stUdy and recommendations of the Westward Expansion Area. Mr. Robert Kinkead, representing the property owner, Mr. Eugene Cabrini, informed Council this property had been presented for annex- ation with a request for RM-1 zoning classification with the thought in mind that the Planning and Zoning Board and Council had planned to accept multiple type residential zoning on a highway such as Atlantic A~enue. He said that construction of a duplex is already underway on said land and it is the intention of the owner to build two more du- plexeso Further, that two tracts of land lying within the City in that immediate area are presently zoned RM-1 and RM-2 (Multiple Family Dwelling Districts), and if Council doesn't see fit to approve annex- ation of said property in the RM-1 zoning classification he would like to withdraw the petition for annexation at this time and possibly pre- sent it again at some later date. During general discussion concerning zoning, annexation, extension of sanitary sewer facilities to lands lying within the City in that general area, etc., Mr. Kinkead said if Council tabled this item for a short period of time he would come to a workshop meeting and discuss plans the property owner has for other lands he owns in that area. Following a question by Mr. Scheifley, City Manager Mariott rec- ommended that said item be tabled which would gain some time, and pos- sibly in two or three months more would be known in regard to the ul- timate recommendation of the Planning Consultants. 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, with no one appearing to be heard. Mr. Scheifley then moved that Ordiaance No. 15-70 be tabled for a period of three months, the motion being seconded by Mr. Youngblood and unanimously carried. 8.e. Proposed Ordinance No. 16-70, amending Chapter 16 of the City's Code of Ordinances concerning "Licenses" was referred for CoUncil con- sideration at a workshop meeting to be held June 1, 1970. 8.f. The City Clerk presented ORDINANCE NO. 17-70. AN ORDINANCE OF TH~ CITY COU~CIL OF TI~ cITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, NAMELY LOT 25, DELRAY BEACH SHORES, WHICH LAND IS CONTIGUOUS TO EXIST- INGMUNICIPAL LIMITS OF SAID CITY; REDEFINING' THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING. FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; A~ PROVIDING FOR THE ZONING THEREOF~ 1014 White (Copy of Ordinance No. 17-70 is attached to the official copy of these minutes.) See page 98-H. A Public Hearinghaving 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. 17-70, said Ordinance was unanimously passed and adopted on ~his sec- ond and final reading, on motion by Mrs° Martin and seconded by Mr. Pitts. 8.g. City Clerk Worthing presented ORDINANCE NO, 18-70o AN ORDINANCE OF T~E CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ~ANNEXING TO TI4E CITY OF DELRAY BEACH CERTAIN LAND, NAMELY LOT 28, FIRST ADDITION TO KENMONT AND A PORTION OF AN ADJOINING ALLEY, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS~ PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SA~D LANDS~ AND PROVIDING FOR THE ZONING TBEREOF. 1022 N. E. 9th Ave. (Copy of Ordinance No. 18-70 is attached to the official copy of these minutes.) See page 98-I. 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. 18~70, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Youngblood and seconded by Mr. Scheifley. 8.h. 'The City Clerk presented ORDINANCE NO. 19-70. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAy BEACH CERTAIN LAND, NAMELY LOT 16, FIRST ADDITION TO KENMONT, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFIN- ING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THERE.OF .... 1011 N, E. 9th Avenue (Copy of Ordinance No. 19-70 is attached to the official copy of these minutes.) See page 98-J. -7- May 25, 1970 "' A Public Hearing havingbeen legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach was held at which time Mr. ~. H. Murtha 1202 N. E. 9th Avenue, objected to said annexation on the grounds that said property is not contiguous to the City because of the annexation of N. E. 9th Avenue. Ordinance No. 19-70 was unanimously passed and adopted on this second and final reading, on motion by Mr. Pitts and seconded by Mr. .Youngblood. 8,i. The City Clerk presented ORDINANCE NO. 20-70. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTIONS 9-1 ADOPTING 1969 EDITION OF THE SOUTHERN STANDARD BUILDING CODE ADD 9-1.1 ~D~OPTING 1969 EDITION OF THE SOUTHERN STANDARD GAS CODE, CHAPTER 9, OF THE CODE OF ORDINANCES OF T~E CITY OF DELRAY BEACH. Ordinance No. 20-70 was unanimously placed on first reading, on motion by Mr.. Scheifley and seconded by Mr. Youngblood. X. Mr. Scheifley asked the status of a request of Mr. L. Shapiro regarding standpipe requirements in building construction. City Manager Mariott reported he would continue his investigation into.the matter this week and present the item to Council at the June 1 workshop meeting. 8.j. The City Clerk presented ORDINA~CE NO. 21-70. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF' DELRAYB~ACH CERTAIN LAND, NAMELY LOT 21, FIRST ADDITION TO KES~4ONT, WHICH LA~D IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; RE- DEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; ADD PROVIDING FOR THE ZONING THEREOF. Ordinance No. 21-70 was unanimously placed on first reading, on motion by Mr. Youngblood and seconded by Mrs. Martin. 9.a. Council was presented with the Planning and Zoning Board report on the proposed Site Plan for development of Lots 14 thru 18, Block Golf Park, located at 635-655 S. W. 20th Court, following a public hearing thereon on April 21st, and further studied by the Board as a result of the Beautification Committee's report. It was pointed out that the Planning Board requested the developer to revise the lay-out of certain parking areas within the proposed development, and the re- quest having been carried out by the developer said Board., at a regu- lar meeting on May 5th unanimously approved the lay-Out and proposed Site Plan. The City Manager reported there has been a slight delay on pro- cessing this item due primarily ·to the fact that the widening of Congress Avenue, as planned, had caused a right-of-way problem has recently been taken care of. FUrther, by letter received today from the office of the County Engineer, the City was advised that said matter. had been resolved, and the site plan of the developeL and approved by the Planning and Zoning Board, is satisfactory to the County. Since said Site Plan had not been presented to Council in a work- shop meeting action on the item was ~eferred and plans were made for said Site Plan to be explained to Council at the June 1st workshop meeting. -8- May 25, 1970 9.b. Concerning the Preliminary Plat for. development of DELRAY BEACH HEIGHTS 1ST ADDITION, City Clerk Worthing presented the following Planning.and Zoning Board report dated May 20th= "At a regular Meeting of the Planning & Zoning Board held at 4=00 P.M., May 19, 1970, the Board unanimously moved to recommend to City Council that the Preliminary Plat of Delray Beach Heights 1st Addition, a proposed sub- division in Section 20, Township 46 South, Range 43 East, be approved." The City Clerk reported that the City Engineer, Mr. Mark Fleming, i having approved this Preliminary Plat,·.as submitted by the potential developer of the subdivision, it is recommended that said Plat be ap- proved in accordance with Section 23A-3 of the City's Code of Ordinances · Unanimous approval of said Preliminary Plat of'Delray Beach Heights 1st Addition was given, on motion by Mr. Pitts and seconded by Mr. ¥oungbloodo 10.a.Dr. E. MOnroe Farber said he had been requested by the Delray Beach Tennis Association to make public its request for four new ten- nis courts. He presented sketches showing proposed location, etc. of said courts, and stressed the need of additional courts. Following a question.by Mayor Saunders,. Dr. Father .rePgrted that the 10w estimated cost for· the four courts, fence and. !ights "is $25.000. ~and the hig~ estimate is $31,000. This item was referred, to the City Manager for consideration in preparation of the. next_Budget. 10.a.Mr. RObert GraUnch, .!54,'Gleas°n Street, reported .that on February 5, 1.970', the first Pet$-tion'Was presented i~o th~"Cit~.~f Delray Beach r.elevant to the' possible, widening of,Ocea~..Terrac~iland.,of Ingraham Aven~, in 'the area 6dst of ~le~son s~reet ~owafd AIA.' He asked if any action had been taken on that matter, and then presented a copy of said Petitiont° City, Manager Mariott. 10.~.Mr. Herbert BernenkC a resident of ·the Bany.~.. HOuse, 1225 .SoUth Ocean Bird., 'said this is his ~ir~t attendance of 'al CouhCil me~tin~-'in ~Deir~y Beach and that he is favorably imprgSSed Wi't~ .t~'e.d~gni~ie~"~an- ncr,in which this'meetin~' ha~"be~, held and 'the' th0U~htfUl consideration .by councilmen to the '~atter~ that have· Come' before them. " He said he would like to make a strong plea for concerted effort and~action on the beach erosion.problem, and in his opinion that' should be the. number on~,priorfty fOr consideration, and he hopes·.every ~effort is being made that can be made for assistance by tbs State, National GOver.nment, Co~ps of Engineers, County, etc. -- 10.b.Con~erning a clean-UP campaign, Mr. Youngblood~eport~d that~some cIean~Up' work had been done on S..W. 15th AVenue under ~h~' supe_r~ision ~f~Police.'PatrOI~an Lestr°y Ma~inley. ,He Sa~id h~.believed Council·should go on record that when areas are cleaned up, the people should than keep them clean` or'paY the pen- alty for littering. Mayor Saunders-referre~,this item to the City Man~ger for con- Siaeration. 10th.City Clerk Worthing referred to a. ct~on~ of CoUnCil 'at ~ts last reg,!ar, meeting held on May llth, in's~s~taining the 'recommendation of the Planning. and' Zoning Board., as set forth in its report dated May 5~h, and reflected i~ Item 9~a. of the minutes of the May llth CounCil meet- inq, in vacating and abandoning·the North-South Alley_in Block 47. 'He reported.that'city Hall records, in the Director' of. Public." Utilities office did not reflect any utility lines, Within'~that'Alley_, -9~ May. 25,'i970.. and based upon that information, the Planning & Zoning Board's report and recommendation appeared to be proper. However, the Superintendent of the ~ater Plant, Mr. Paul Nicolls, in reviewing the minutes of the meeting, became aware of said Council action,~.and notified Director of Public Utilities.of an active Water line in said Alley; therefore, it is recommended that Council action, abandoning said alley in Block 47, be rescinded. .Council action on May llth, abandoning"the North-SoUth Alley in Block 47, was unanimously rescinded on motion by Mr... Scheifley and seconded by Mr. Pitts. 10.b.Mrs. Martin said she missed there being no workshop meeting prior _ to this Council meeting and is much in favor of having a workshop meet- ing prior to Council meetings. 10.b.Mayor Saunders referred to a sculpturer, Mr. Don Seiler of Miami, and reported that one of his creations, The Sunbather, had been offer- ed to the City of Delray Beach by a City to the south who now has the figure, and it had been suggested the City may want it placed on the South Beach property. Said offer was referred to the Beautification Committee for their recommendation. 10.c.City Clerk Worthing presented the following Bills for Approval: General Fund $180,829.14 Water Operating & Maintenance Fund 8,566.42 Water Revenue Fund 30,362.63 Special Assessment Fund 350.00 Refundable Deposits Fund 1,777.39 Sewer Revenue Fund 15,000.00 Capital Improvements Construction Fund 230.30 The bills were unanimously approved for payment, on motion by Mr. Youngblood and seconded by Mr. Pitts. .The meeting adjourned at 10:15 P.M. ......... R...Df- . WORTH..ING ..... ~~ City Clerk MAYOR -10- May 25, 1970 ' ~ · 98-A RESOLUTION NO. 36-70. A RESOLUTION' OF THE CITY COUNCIL OF THE CITY OF DELRA¥ BEACH, FLORIDA, COMMENDING RETIRING CITY CLERK R. D. WORTHING. · WHEREAS, R. D. WORTHING has submitted his resignation to the City of Delray Beach, Florida, effective May 31, 197'0, after 1 month, 29 days and 19 years of devoted and dedicated service to the City of Delray Beach, and WHEREAS, the efforts of many people have failed to have R. D. WORTHING reconsider his resignation, and WHEREAS, R. D. WORTHING, affectionately known as "Mister City Hall", will be sadly missed by the citizens of Delray Beach, his fellow employees of the City, both those working inside City Hall and those outside of City H&ll, and WHEREAS, R. D. WORTHING gave over 19 years of dedicated service to the City, dedicated in that hours of work were determined by the need of the City, which entailed regular hours at City Hall, evening council meetings, evening workshop meetings, working at home, being subject to call and available when called at any time of day or night, and WHEREAS, R. D. WORTHING was so dedicated to the service of the citizens of Delray Beach that during his 19 years of service he had ~nly six to eight weeks of vacation and no days of sick leave, and WHEREAS, R. D. WORTHING, regardless of the time or pressure and urgency of other matters, would always take time to answer and ex- plain questions of the citizens of this City in a polite,, sincere and courteous manner, and WHEREAS, R. D. WORTHING, during his 19 years of service was held in the highest esteem by 31 different members of Council, 13 different Mayors and 7 City Managers, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: / That R. D. WORTHING is hereby commended in the highest degree for his enviable record, personal conduct and public relations during his~ tenure of over 19 years as City Clerk of the City of Delray Beach, AND BE IT FURTHER RESOLVED: That the best wishes for health and happiness are sincerely ex- tended bY the citizens of Delray Beach, employees of the City and City Council to R. Do WORTHING and his wife for the coming years. Unanimously PASSED AND ADOPTED~on this the 25th day of May, 1970. MAYOR ATTEST: AssiStant City C~l~k PROPERTIES IN VIOLATION OF ORDINANCE NO. G-147 AND SECTIONS 15-3 and 15-4 OF THE CITY CODE. CITY OWNER AND ADDRESS PROPERTY DESCRIPTION CODE 1. Willis Investment Co. Lot 8, Block 11, 15-3 Rt. 8, Box 635 Seagate Section "A". & Roanoke, Virginia 24014 (1057 Melateuca Road) 15-4 2. Seastone, Inc. Vacant part of Lots 6, 7 15-4 136 Lucina Drive and 8, Blue Seas. Hypoluxo, Florida 33460 (801 Andrews Avenue) 3. Alethia Sowell Vacant p~rt of LOt 10, 15-3 122 S. W. 4th Avenue Block 30. Delray Beach, Florida 33444 (110 S. W. 4th Avenue) 4. John Brady Vacant part of Lot 15, 15-3 322 N. W. 4th Avenue Block 25. & Delray Beach, Florida 33444 (322 N. W. 4th Avenue) 15-4 Violations 15-3 and 15-4 as concerns this report are as follows: 1. 15-3 - Sand piles, rocks, 15-4 - Weeds and undergrowth 2. 15-4 - High weeds 3. 15-3 - Debris, junk cars, auto parts 4. 15-3 - Debris 15-4 - Weeds and undergrowth Submitted to the City Council by the City Manager on this the 25th day of May, 1970. RESOLUTION. NO· 34-70. 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 CIT~; SETTING OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH SUCH DEMOLITION AND LEVYING THE COST FOR SUCH DEMOLITION AS A SPECIAL ASSESSMENT, AND DE- CLARING SAID SPECIAL ASSESSME~T TO BE A LIEN UPON SAID PROPERTY'IN AN AMOUNT AS SHOI~ BY REPORT OF THE BUILDING OFFICIAL OF DELRAY BEACH, FLORIDA. WHEREAS, the Building Official of the City of Delray Beach, did, on the 7th day of December 19.. 69 , mail notice of unsafe structure listing the violations of the'pro- visions of Chapter 1SA of the Code of Ordinances, Housing Stand- ards, to: Joe L. & Robbie L. Burton concerning ...... (nam~) ....... Lot 26, Block 4, Monroe Su3odivision, Delray Beach, Florida (legal description of property) located 'at rear of 25 thru 41 N. W. 8th Avenue ; and (street address) WHEREAS, the owner hereinabove named did fail and neglect to comply wit~ the notice, and the City did provide for correction of said determined violation at a total cost of $ 200.00 ; and WHEREAS, the owner hereinabove named did fail to pay the cost of $200.00 to the City of Delray Beach within the speci- fied time, and a public hearing was provided in compliance with the r~gulations set forth in subparagraph (c), Section 15A-41 of the Code of Ordinances. NOW, THEREFORE,' 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 Official, 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 the 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 effective 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 wee]¢ for four consecutive weeks in a newspaper of general circulation within the City. PASSED and ADOPTED in regular session on the 25th day of May , 19 70 ~j~- ~ ATTE~: .× ~? ' M A Y O R ~98-D RESOLUTION NO. 35-70. A RESOLUTION OF THE CITY COUNCIL OF ~I~ CITY OF DELSEY BEACH, FLORIDA, ASSESSING COSTS FOR ABATING k~JISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID CITY; SETTING OUT ACTUAL COSTS IN- CURRED BY SAID CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVY!~IG T~E COST OF SUCH ABATEmeNT OF SAID NUISANCES, AND DECLARING SAID LEVY TO BE A LIEN UPON SAID PROPERTY IN AN ~OUNT AS SHOWN BY REPORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA. WHEREAS, the City Council of the City of Delray Beach, did, in regular ~//o~/////////~ession held on the 8th. L of S~ptember & 22nd of De- cemb~r,l~69 .& 9.th of Februauy, ~1970declare the existence of a nuisance upon certain lots or parcels of land, described in a list submitted to them, for violation of the provisions of Ordinance No. G-147; WHEREAS, pursuant to such declaration, the City Clerk of said City did furnish each of the respective owners of the lands described in said list with a notice describing the nature of the nuisance and that they must abate said nuisance within thirty (30) days, failing in which the City Council would have it done, and the cost thereof would be levied as an assessment against said property; and WHEREAS, the owners hereinafter named did fail and neglect to abate the nuisance existing upon their respective lands within the time pre- scribed in said notice~and Ordinance G-147, and the City of Delray Beach was required to and did enter upon the following lands and incur costs in abating the nuisance existing thereon as described in the aforesaid list; and WHEREAS, the City Manager of the City of Delray Beach, has, pursuant to said Ordinance G-147 and the City Charter submitted to the City Coun- cil a report of the costs incurred in abating the nuisance as aforesaid, said report indicating the costs per parcel of land involved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray BeaCh, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are levied against the parcels of land described on said report and in the amounts indicated thereon. Said assessments so levied shall be a lien upon the respective lots and parcels ofland de- scribed in said report, of the same nature and to the 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 ~ale and foreclosure as city taxes are collectible. 2. That the City Clerk of said City shall, as soon as possible after the effective date, record a certified copy of this resolution in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, and shall furnish to each of the owners named in and upon said report a notice that the City Council of the City of Delray Beach, did, on the 8th of September & 22nd of December, 1969 & 9th 9.~..Februar¥,~ 1970 order the abatement of a certain nuisance existing on their described property and property owner having failed to abate such nuisance, with- in the 30 day period, whereupon it was abated by the City at costs shown in said report and such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. This resolution shall become effective 30 days from the date of adoption, and the assessments contained herein shall become due and payable thirty days after the mailing date of the notice of said assessment, after which interest shall accrue at the rate of 6% per annum on any unpaid portion thereof. PASSEl) AND ADOPTED in .r~ular.~ session oD the ..25th .... day of ~Mav ...... , A.D. 1970 .... ATTEST: /S/ J. L. Saunders MAYOR /S/ Hallie E. Ya~e.s City Cier COST OF ABATING NUISANCES UNDER ORDINANCE NO. G-147. PROPERTY DESCRIPTION OWNER ASSESSMENT September 8, 1969 list. Florida East Coast Railroad R/W East of tracks, Block 91, from N. E. 1st Street to N.E. Florida East Coast 2nd Street Railroad Company $150.00 December 22, 1969 list. - Lots 5 and 6, Block A, Alvin &.Charlotte K. Carver Memorial Park. Katzif $108.00 Lot 8 less West 25 foot R/W and less that portion East of A1A, Dr. Frank P. Block E, Palm Beach Shore Acres. Strlickler $130.00 February 9, 1970 list. Lot 1, Block 3, Seagate G. Allan Marsted Section "A". and Samuel A. & .~.~ Elizabeth B. ~reene $138.00 Lot 23, Paradise Heights. Delray Beach Improve- ment Corp. $ 45.00 Lot 25, Paradise Heights. Delray Beach Improve- ment Corp. $ 45.00 North 50 feet of South 256.4 feet of West 135 feet of East-155 ~eet, Wm. Lonely ~$i.!~5~;~00 Block 24. 98-F ORDINANCE NO. 14-70. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, NAMELY LOT 20, FIRST ADDITION TO KENMONT, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; RE- DEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. 902 McKee Lane WHEREAS, JAMES C. SHELLEY, JR., is the fee simple owner of the property hereinafter described, and WHEREAS, JAMES C. SHELLEY, JR., by his petition, has con- sented 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 au- thorized--to-anne~ lands in accordance with-Sect~ion 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 20, FIRST ADDITION TO KENMONT, according to plat thereof recorded in Plat Book 22, Page 24, Public Records of Palm Beach County, Florida. SECTION 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein the above de- scribed tract of land, and' said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. That the tract of land hereinabove described is hereby declared to be in Zoning District R-1AA as defined by existing ordinances of the City of Delray Beach, Florida. SECTION 4. That the lands hereinabove described shall im- mediately become subject to all of the franchises, privileges, immuni- ties, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be, and persons re- siding 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 compe- tent jurisdiction, such record of illegality shall in no way affect the remaining portion. PASSED in regular session on the second and final reading on the 25th day of May , 1970. ~/ J. L. Saunders MAYOR ATTEST: ~/ R. D. Worthinq Ci~ Clerk ~irst Readina May 11, 1970 Second Reading Sav 25, !~9~O.. ~ 98-H ORDINANCE NO. 17-70. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND,' NAMELY LOT 25, DELRAY BEACH SHORES, WHICH LAND IS CONTIGUOUS TO EXIST- iNG 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. 1014 White Drive WHEREAS, DOUGLAS H. BEAN and MARGARET E. BEAN, his wife, are the fee simple owners of the property hereinafter described, and WHEREAS, DOUGLAS H. BEAN and MARGARET E. BEAN, 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 author- ized to anne.x 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 25, DELRAY BEACH SHORES, Plat BoOk 23, Page 167, 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 hereby declared to be in Zoning District R-1AA, as defined by exist- ing ordinances of the City of Delray Beach, Florida. SECTION 4. That the land 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- . · d° ~ petent ]urxs xctlon, such record of illegality shall in no way affect the remaining portion. PASSED in regular session on the second .and final reading on the 25th day of May , 1970. iS/ J. L: .Saunders . . . MAY.OR ATTEST: City Clerk .. ORDINANCE NO. 18-70. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND; NAMELY LoT 28, FIRST ADDITION TO ,KENMONT AND A PORTION OF AN ADJOINING ALLEY, WHICH LANDS. ARE CONTIGUOUS TO EXISTING,MUNICIPAL .LIMITS OF SAID CITy; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF--SAID LANDS; AND PROVIDING FOR THE ZONING. THEREOF. 1022 .~N~ E. 9th Avenue WHEREAS, MRS, WILLIAM L. REICH, ~s the fee simple owner of the properties hereinafter described, and WHEREAS, MRS. WILLIAM L. REICH, by her petition, has consented and given permission for the annexation of said properties 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 char~er 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 ann.exes to said City the fOllowing described tracts of land located in Palm Beach County, Florida, which lie contiguous to said. City, to-wit: · Lot 28 less West 15 feet, FIRST ADDITION TO KENMONT, Plat Book 22, Page 24; also South 2.5 feet of East 117.5 feet of 15-foot alley lying between ~south line of Lot 17, Block 2, KENMONT, Plat Book 20, Page 65 and north line of Lot 28, FIRST ADDITION TO KENMONT, 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 tracts of land, and said lands are hereby declared to be with-- in the corporate limits of the City of Delray Beach, Florida. SECTION 3. That the tracts of land hereinabove described are 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 ..lands hereinabove described shall immediately bec0~e 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~ dicition,-.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 25th day of May , 1970. CS/ J. L_,.Saunders MAYOR ATTEST -. " ,/S/ R. D. Worthi,n,q ......... City Clerk First Reading May 11, 1970 ~.... Second Reading ....... May 25, 19~0 98-J ORDINANCE NO. 19-70 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF' DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, NAMELy LOT 16, FIRST ADDITION TO KENMONT, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFIN- ING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. 1011 N. E. 9th Avenue WHEREAS, CHARLES F. QUINN and CATHERINE M. QUINN, his wife, are the fee simple owners of the property hereinafter described, and · W~EREAS, CHARLES F. QUINN and CATHERINE M. QUINN, his wife, by their petition, have consented and given permission for the annexation of said property by the City of Delray Beach, and WI~EREAS, 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: Lot 16, FIRST ADDITON TO KENMONT per Plat Book 29_, Page 24, Public Records of Palm Beach County, Florida. SECTION 2. That the boundaries of the City of' Delray Beach, Florida, are hereby redefined so as to include therein the above de- scribed tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. That the tract of land hereinabove described is here- by declared to be in Zoning District 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 franchises0 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, img portion. PASSED in regular session on the second and final reading on the 25th day of May , 1970. /S~ J. ~L .... Saunders MAYOR ATTEST: _/S~/ R. D. T~ror~h in9 ..,. · City Clerk 9 8-K CONTRACT THIS CONTRACT for the construction and operation of an off shore breakwater composed of a line of "ERO JACKS", made and entered into at Delray Beach, Florida, this ~ day of ~y 1970, by and between the CITY OF DELRAY BEACH, Florida, a Florida municipal corporation, hereinafter called the "City", and Caribe' Scientific, Inc., a Florida corporation, whose address is 2325 N. E. 17th Terrace, Fort Lauderdale, Florida, hereinafter called the "Company"; WITNESSETH: WHEREAS, the City is desirous of providing for an experi- mental installation for the purpose of determining an improved method of erosion control, and WHEREAS, the Company is desirous to provide an experiment to demonstrate the application of an "ERO JACK" structure as a wave energy det~rrant to prevent beach erosion: NOW, THEREFORE, in consideration of the mutual covenants and agreements herein recited, by each to be performed, it is hereby agreed by and between the parties as follows: 1. The City consents to the use of that portion of the public beach lying approximately 50 to 75 feet off shore of the mean low tide line and in the area .immediately South of the Southerly end of the City owned flexible block revetment. 2. .The City will obtain all necessary permits from all governmental bodies concerned. 3. The Company hereby agrees to abide and be governed by all the regulations of the governmental bodies from whom the per- mits are obtained. 4. The City agrees to provide the necessary equipment and labor, for a period not to exceed one day, to off-load .the jacks from the Companies' trucks to the beach. -" 5. The Company agrees to receive the jacks as unloaded on the beach and to place them in the desired location at their own expense and without additional cost to the City. 6. The Company agrees to provide for the installation, proper and adequate signs for the protection of surfers, boaters and swimmers against any and all injury whiCh might be caused by this installation. 7. The Company shall save the City harmless and free from any loss, damage, expense and liability arising out of this installation, and to provide a comprehensive liability insurance policy with limits of $100,000 for injuries to any one person, and $300,000 for any one accident. 98~L 8. The City shall have the right to enter upon said premises at any time for the purpose of inspecting same. 9. The City shall have the right to perform or have per- formed any engineering studies, inspections or the collection of any enginee=ing data which it may deem desirable in connection with this installation. 10. The Company shall have full control as to the placement and configuration of the structure and copyright to all technical data obtained by the Company; access to area of installation to conduct measurements and tests of any engineering nature and control of the public dessimanation of all technical information obtained by the Com- pany. - 11. If a surety bond is required by any governmental agency the Company hereby, agrees to furnish same. 12. Reports of an engineering nature and containing engi- neering data and observations pertinent to the installation will be made periodically to the City Council by the City Engineer. 13. The "ERO JACKS" will remain the property of the company.' 14. This contract may be terminated by the City upon pro- viding 30 days notice to the Company, or by the Company through its removal of the "ERO JACKS". 15. Upon receipt of notice of termination of the contract from the City, the Company will provide for the removal of the jacks within the specified 30 day period. 16. Ail expense for the removal of the jacks is to be borne by the Company. 17. The Company agrees to provide for the completed in- stallation within 30 days. after receipt of all necessary governmental permits. ; CITY OF DELRAY BEACH, (SEAL) ~ ~t a Municip rporation ATTEST. . Wi.t~esses as to City of Delray' Beach: . AP~r_oved a_~to form: STATE OF FLORIDA ) COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared J. L. SAUNDERS and R. D. WORTHING of the City of Delray Beach, Florida, and acknowledged that they are the appropriate City officials qualified to execute the foregoing' Contract and that they have executed said Contract for the purposes therein expressed. SWORN TO AND SUBS=~IBEDbefore me this ~ ~ day of ~ ~ , 1970. My commission expires: Notary. PubF~ NOTARY PUBLIC, STATE OF FLORIDA AT LARGE State of Florzda ~t Large ,",AY COMMISSION EXPIRES SEPT. 12, 1970