07-13-70 JULY 13, 1970.
A regular meeting of the City Council of the City of Delray Beach
was held in the CoUncil Chambers. at 8:00 P.M., with 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 O. F. Y0ungblood being present.
1. An opening prayer was delivered by Father Timothy Harmon.
2. The Pledge of Allegiance to the Flag of the United States of
America was given.
3. The minutes of the regular, Council meeting of June 22, 1970 were
unanimously approved, on motion by Mr. Youngblood and seconded by-
Mr. Pitts.
5. Mr. Pitts commended Mr. Scheifley on being elected President of
the Palm Beach County Municipal League, and said he feels Mr. Scheifley
will be able to handle the job quite successfully.
5. Mr. Pitts showed films on the Boy Scout Clean-Up Campaign, a very
successful program, conducted on June 30.
5. Mr. Scheifley commended City Manager Mariott on getting some work
done to improve the appearance of the property across from the Fire
Station on W~_=st Atlantic Avenue .on which there is a partly-constructed
6.a. Mayor Saunders announced the names 6f the five persons he has
appointed to serve as CommissiOners of the Delray Beach Housing
Authority, and their terms'of appointment, as follows:
Mrs. Clarence ;%. P~u~ One Year Term
Dr. Frederic F. Bush, Jr. Two Year Term
Dr. Simon C. Barnes Three Year Term
Mr. James J. Ritterbusch Four Year Term
Mr. Kenneth C. Ellingsworth Four Year Term
The following Resolution was presented: ' ' ~
.... RESOLUTION NO. 41-7'0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, APPROVING THE APPOINTMENT
OF COMMISSIONERS OF THE DELRAY BEACH HOUSING.
AUTHORITY AND DESIGNATION OF THE FIRST CHAIRMAN.
WHEREAS, J. L. SAUNDERS, MAYOR of the City of Delray Beach, Florida,
has appointed Mrs. Clarence A. Plume, Dr. Frederic F. Bush, Jr., Dr.
Simon C. Barnes, Mr. James J. Ritterbusch, and Mr. Kenneth C.
Ellingsworth as Commissioners of the DELRAY BEACH HOUSING AUTHORITY
and has designated Dr. Frederic ~F. Bush, Jr., as first Chairman.
NOW, THEREFORE, BE IT RESOLVED BY 'THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, that the appointment of Mrs. Clarence A. Plume,
Dr. Frederic F. Bush, Jr., Dr. Simon C. Barnes, Mr. James J. Ritterbusch
and Mr. Kenneth C. Ellingsworth as Commissioners of the DELRAY BEACH
HOUSING AUTHORITY and the designation of the first Chairman are here-
by confirmed and approved.
PASSED AND ADOPTED on this the 13th day of July, 1970.
Resolution No. 41-70 was unanimously approved, on motion by Mr.
Pitts and seconded by Mr. Youngblood.
-1 - 7 -13 -70
116
6.b. Regarding consideration of revocation of Site Plan Approval and
building permit for construction at 250 South Ocean Boulevard, the
City Manager informed Council that at the last workshop meeting held
on June 30, Council informed Mr. Herbert Thiele's Architect and At-
torney that if a commitment satisfactory to the City was not made
prior to the July 13 city Council meeting that the City stipulated
setback on Bay Street would be complied with, the City Council would,
at its July 13 meeting, consider said revocation.
The city Attorney informed Council that Mr. Thiele's Attorney, Mr.
McKay, in a letter dated July 13, requested that the City's position
be committed to writing. The City Attorney said he doesn't know/if
this is a bargaining position and he thought this might have something
to do with some harassment they're having, but the only harassment
they're.having from the City is regarding the discrepancy that has
come up on the 13 foot setback. The rest of the harassment has been
through the public as a whole, and the publicity has been unfavorable,
but the City is not in a position to control that. Further, he said
he thought the Council would be setting a dangerous precedent if a
written agreement was entered into with everyone that gets a Site Plan
Approval. He recommended not putting anything in writing, as request-
ed, .as he believes that the fact the permit would be given back .to
them with all objections erased, is adequate,.
After general discussion, Mr. Pitts moved that the' suspension of the'
Building Permit, previously issued to Mr. Thiele, be removed subject
to the building being set back 19.75 feet from Bay Street instead of
13 feet, the motion being seconded by Mr. Youngblood. Upon call of
roll, Mr. Pitts, Mr. Scheifley, Mr. Youngblood and Mayor Saunders
voted in favo'r of the motion and Mrs. Martin was opposed.
6.c. The city Manager informed Council that at the last workshop meet-
ing held on June 30, the Chamber of Commerce requested the City to pay
half the cost of Christmas lighting amounting to $5,600; and Council
agreed to consider authorizing the appropriation at the next city'..'
Council meeting if funds were available, which funds are available in
the General Fund Contingency Account.
Mr. $cheifley moved to participate in said Christmas lighting pro-
gram in support of the Chamber of Commerce. to the extent of paying
half the cost and that the $2,800 be transferred from the General Fund
Contingency Account. The motion was seconded by Mrs. Martin and carried
unanimously.
6.d. City Manager Mariott recommended to Council that the Board of
Electrical Examiners be requested to study the City's Ele~ctrical Code,
adopted in 1955, and which is outdated at this time, and to Submit
its recommendations regarding the revision or adoption of a new
Electrical Code.
Mr. Youngblood moved that the Board of Electrical Examiners be ask-
ed to study and make recommendations comcerning revision of said Code,
the motion' being seconded by Mr. Pitts and unanimously carried.
6.e,. Concerning a survey of lands in violation of the City's nuisance
laws, presented by the City Manager, Mr. Scheifley moved that the City
Clerk be instructed to proceed with the enforcement of Chapter 15 of
the City's Code of Ordinances, the motion being seconded by Mr. Pitts
and unanimously carried. (Copy of the Nuisance Survey is attached to
the official copy of these minutes.) See page 122-A.
7.a. City Manager Mariott informed Council that Mr. Clarence Lane,
249 N. E. 9th Street, holds a current contractor's license and is re-
questing a gratis license for the fiscal year beginning October 1, on
the grounds of being 65 years of age or older.
In view of Mr. Lane having furnished satisfactory evidence of being
over 65 years of age, and otherwise complying with the requirements for
such exemption as set forth in Section 16-4 of the Code of Ordinances,
said request was unanimously granted, on motion by Mrs. Martin and
seconded by Mr. Youngblood.
.... 2- 7-13-70
7.b. Council was informed that Evangelist Harold H. Norman, Miracle
Revivals-World Wide, has requested permissiOn to erect a chemically
treated, fireproof tent on the vacant land located at 1023 thru 1027
W. Atlantic Avenue for the purpose of~conducting a revival during the
two-week Period from July 18 through August 1, 1970.
Further, this revival will be sponsored by the Church of God in
Christ, located at 112 S, W. 12th Avenue, has been approved by the
Ministerial Association, and it was recommended that Council approve
this request subject to'full compliance with Section 17-2.1 of the
City's Code of Ordinances.
Said request was unanimously~granted, as recommended, on motion by
Mr. Youngblood and seconded bY Mr. Pitts. ·
7'.c. Council acknowledged receipt of the June 11, 1970, Beautification
Committee Special Meeting minutes.
7.d. The City Manager informed Council that the 1970 South Palm Beach
County Soap Box Derby is scheduled for Saturday, July 18, and its.
sponsors, are requesting the City's participation through donation of
$57.50, covering the cost of a $50. savings bond, namely $37.50 and
$20. for a trophy. -
He said if it is the desire of Council to grant said request, as
has been the case in recent years, authorization should be given for
an appropriation in said amount from the General Fund Contingency Ac-
Approval for such participation and authorization for an appropria-
tion in the amount of $57.50 from the General Fund Contingency Account,
was unanimously granted by Council, on motion by Mrs. Martin and
seconded by Mr. Scheifley.
8.a. The City Manager presented RESOLUTION NO. 39-70.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ORDERING THE OPENING,
GRADING. AND PAVING OF THAT PART OF SOUTHWEST
' · SIXTH AVENUE LYING BETWEEN SOUTHWEST FOURTH AND .- SEVENTH STREETS.
(Copy of Re~olution No. 39-70 is attached to the official copy of
these minutes.) See pages 122-B-C.
Resolution No. 39-70 was unanimously passed and adopted on first
and final reading, on motion by Mr.'"~Pitts''and seconded by Mr. Youngblood.
Council was informed that this ResOlution would be advertised in
accordance with Charter requirements and a Public Hearing held thereon
at the next regular Council meeting concerning said proposed improve-
ments.
8.b. 'City Manager Mariott presented RESOLUTION NO. 40-70.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND ABAN-
DONING A NORTH-SOUTH SIXTEEN (16) FOOT ALLEY
IN PINE VIEW SUBDIVISION, CITY OF DELRAY
BEACH, FLORIDA.
(Copy of Resolution No. 40-70 is attached to the official copy of
these minutes.) See page 122-D.
Council was informed that a properly executed Easement Deed over
the East 10 feet of said North-South Alley had been provided.
Resolution No. 40-70 was unanimously passed and adopted on first
and final reading, subject to the applicants paying the recording fees
of said Resolution and Easement Deed, on motion by Mr. Scheifley and
seconded by Mr. Pitts.
118
8.c. The City Manager presented RESOLUTION NO. 42-70.
A RESOLUTION OF' THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH~ FLORIDA, AUTHORIZING THE ~·
ACCEPTANCE OF BIDS FOR THE PUBLIC SALE OF
$570,000 UTILITIES TAX REVENUE CERTIFICATES,
SERIES 1967,~ ,OF THE CITY OF DELRAY BEACH,
FLORIDA.
WHEREAS, the City of Delray Beach, Florida~, is desir%ous of author-
izing the acceptance of bids for the public sale of $570,000 Util-
ities Tax Revenue Certificates, Series 1967;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH,. FLORIDA, AS FOLLOWS:
That the City Council of the City of Delray Beach, Florida, here-
by authorizes the acceptance of bids in accordance with the City
Charter for the public sale of $570,000 Utilities Tax Revenue Cer-
tificates, Series 1967, upon such date as determined by the City's
Financial consultant and approved by the City Finances Director
and City Attorney.
PASSED ·AND ADOPTED on this the 13th day of July, 1970.
Resolution No. 42-70 was unanimously passed and adopted on first '
and final reading, on motion by Mr.-Scheifley and seconded by Mr.
Youngblood.
The City Manager also presented RESOLUTION NO o 43-70.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE
ACCEPTANCE OF BIDS FOR THE PUBLIC SALE 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, FLORIDA. ~
WHEREAS·, the City of Delray Beach, FlOrida,· is desir~Ou~ of author-
izing the acceptance of bids for the public sale of $1,450·,000
Storm Drainage BOnds, $2,260,000 Water Treatment Plant Bonds and
$440,000 Firehouses and Equipment Bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE cITY COUNCIL OF THE CITY OF
DELRA¥ BEACH, FLORIDA, AS FOLLOWS:
That the City Council of the City of Delray Beach, Florida, here-
by authorizes the acceptance of bids in accordance with the City
Char~er for the public sale of $1,450,000 Storm Drainage Bonds,
$2,260,000 Water Treatment Plant Bonds and $440,000 Firehouses and
Equipment Bonds promptly following the expiration of the 30-day appeal
period after the order validating these bond issues, ·taking into
consideration market conditions. Such date on which the bids are
to be received, is to be determined by the City's Financial Con-
sultant and approved by the City Finance Director and City Attorney.
PA~SED AND ADOPTED on this the 13th day of July, 1970.
Resolution No. 43-70 was unanimously passed and adopted on first
and final reading, on motion by Mr. Youngblood and seconded by Mrs.
Martin.
8.d. City Manager Mariott' presented ORDINANCE NO. 23-70.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN LAND, NAMELY LOT 22, 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. 924 N. E. 9th Avenue
-4- 7-13-70
(Copy of Ordinance No. 23-70 is attached to the official copy of
' these minutes.) See page 122-E.
A Public Hearing having been legally advertised in compliance with
the laws of the State of Florida and the Charter of the City of Delray
Beach was held, and there being no objection to Ordinance No. 23-70,
said Ordinance was unanimously passed and adopted on this second and
final reading, on motion by Mr. Sche£fley and seconded by Mr. Pitts.
8.e. The City Manager presented ORDINANCE NO. 24-70.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING SUB-SEC-
TION (10), SECTION 29-1, CHAPTER 29 OF THE
CODE OF ORDINANCES OF THIS CITY PERTAINING
TO BUILDING HEIGHT DEFINITIONS FOR ALL BUILD-
INGS IN THE CITY.
(Copy of Ordinance No. 24-70 is attached to the official copy of
of these minutes.) See page 122-F.
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. 24-70,
said Ordinance was unanimously passed and adopted on this second and
final reading, on motion by Mr. Scheifley and seconded by Mr.
Youngblood.
8.f. City Manager Mariott presented ORDINANCE NO. 25-70..
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CURRENT PLUMB-
ING ORDINANCES AS CONTAINED IN CHAPTER 21 OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY
ADOPTING AS CHAPTER 21, PLUMBING ORDINANCES, THE
1967 EDITION OF THE SOUTHERN STANDARD PLUMBING
CODE AS REVISED THRU 1970 WITH AMENDMENTS TO FEES,
'REINSPECTION, TUBULAR .TRAPS, WATER~ HEATERS AND
HOT WATER STORAGE TANKS, LAWN SPRINKLER INSTAL-
LATIONS AND MATERIALS, SAFETY VALVES, DIELECTRIC
cOUPLINGS, AND VENTS ABOVE GROUND, AND REPEALING
THE BALANCE OF CHAPTER 21.
Council was informed that adoption of 'the Southern Standard Plumb-
ing Code is unanimously recommended by the Board of Plumbing Com-
missioners and by the City Manager.
Ordinance No. 25-70 was unanimously placed on first reading, on
motion by Mr. Youngblood and seconded by Mr. Pitts.
8.g. The City Manager presented ORDINANCE NO. 26-70.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH· BY REPEALING SECTION 9-3. PERTAINING
'TO SHEET METAL COVERED BUILDINGS AND SECTION
9-5. PERTAINING TO MINIMUM FLOOR LEVEL OF ANY
BUILDING.
Ordinance No. 26-70 was unan±mously placed on 'first reading, on
motion by Mr.' Pitts and seconded by Mr./Youngblood.
120
8.h. City Manager Mariott presented ORDINANCE NO. 27-70.
AN ORDINANCE OF THE CITY OF DELRAY BEACH:
FLORIDA, ~4ENDING SECTION 13-2 (a), CHAPTER
13, CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, PERTAINING TO THE MEMBERSHIP
OF THE ELECTRICAL EXAMINING BOARD.
Ordinance No. 27-70 was unanimously placed on first reading, on
motion by Mr, Scheifley and seconded by Mr. Pitts.
9.a. This item concerning a request for Special Exception permission
to build a medical office building at 213 thru 221 N. E. 8th Street
was deferred for explanation of said plans to Council at its next
.workshop meeting.
9.b. The Beautification Committee, at a meeting held on June 11, vote~
to reject the offer of a gift to the City, a stone statue, The Sunbathe~.
created bY a Sculptor, Mr. Don Seiler of Miami.
Mayor Saunders asked that a letter of thanks be written to the City.
offering this gift and informing them that the City does not have a
use for it at this time.
10.a. Mr: Daniel A. Doherty, representing the Military Order of the
Cootie, of V.F.W. Post No. 4141, requested Council permission to sell
tickets in this area for the Second Annual Cootie Golf Tournament to
be held on Sunday, September 6 at Boca Teeca in Boca Raton to raise
money for scholarships for stUdents of Seacrest and Carver High Schools.
Mr. Pitts moved to approve said request subject to approval of the
Solicitations Committee, the motion being seconded by Mrs. Martin and
unanimously carried.
10.a. Rev. Semmie Taylor commented on the selection of Commissioners
of the Delray Beach Housing Authority and stressed the need of low-cost
housing in the Western Section of town.
10.a. Mr. William Murtha reported' that he had been informed of the
Southern Bell Telephone Company collecting a 10 per cent City Utility
Tax on some telephone service outside the City limits~ of Delray Beach~
He said that George A. Anderson, 1003 N. E. 9th Avenue, has been
charged the t0 per cent Utility Tax and his property is not within the
city.
Mr. Scheifley requested that this item be checked into before the
next regular Council meeting.
10.a. Mr. Robert Grauch, 15~. Gleason Street, commented on the build-
ing permit expiration date for .proposed construction at 250 S. Ocean
Boulevard and also on the 19.75 foot setback from Bay Street.
He asked the status of the petitions submitted to Council earlier
this year regarding the widening of Ocean Terrace and Ingraham Avenue.
The City Manager recommended that Council acknowledge receipt of
said petitions and refer same to the Traffic and Parking Committee for
further study and recommendation°
Mayor Saunders asked· the City Manager to check into this item and
report to Council at the next regular meeting.
10.a. Regarding a bus for transportation of Day Camp children to dif-
ferent activities, the City Manager informed Council that a bus is
available to the City at a rental of $210.00 for the balance of the
Day Camp season, and that money to cover cost of same is available ~n
the Parks and Recreation Account.
Mr. Scheifley moved that $210.00 be taken from the Parks and Recre-
ation Account for renting said bus, the motion being seconded by Mr.
Pitts and unanimously carried.
-6- 7-13-70
10.a. Regarding the extension of.the Sanitary Sewer lines on N. E.
9th Avenue, North of N. E. 8th Street, City Manager Mariott informed
Council of the following bids that were received:
La Grow Irrigation System,.ImCo
Lake Placid, Florida 30 days $16,419.75
Belvedere Construction Co.
West Palm Beach, Florida 60 days $18,194.25
Lyons Construction Co.
Pompano Beach,-Florida 60 days $18,885.55
Hardrives, Inc.
Delray Beach, Florida 90 days .$27,145.95
He recommended that Council authorize .the contract to be awarded to
the low bidder, La Grow Irrigation System, Inc. in the amount of
$16,419.75, work to be completed in 30 days, and funds to come from'
the Sewer Construction Trust Fund.
Mr. Pitts moved that the contract be awarded to LaGrow Irrigation
System, Inc., for $16,419.75, said funds to come from the Sewer
Construction Trust Fund, the motion being seconded by Mr. ¥oungblood
and unanimously carried.
10.a. The City Manager informed Council.of a bill from the City
A~torney in the amount of $900.00, 'covering work on the Legislatig~
Bills and 12 Charter changes. He recommended that Council authorize
payment of said bill,
Mr. Youngblood moved that the recommendation of the City Manager be
accepted, the motion being seconded by Mr. Pitts and unanimously
carried.
lO.c. The following Bills for Approval were presented:
General Fund $123,420.89
Water Operating & Maintenance Fund 10,128.72
Utilities Tax Revenue Fund 36,550.00
Sewer Revenue Fund 40,000.00
Cigarette Tax Fund 11,458.71
Sewer Construction Loan Fund, First
Federal Savings & Loan Association of Miami 30,665.63
The Bills were unanimously approved for payment, on motion by Mr.
Pitts and seconded by Mr. Youngblood.
The meeting adjourned at 91~55 P.M~..
122-A
PROPERTIES IN VIOLATION OF ORDINANCES NO. G-147
AND SECTIONS 15-3 and 15-4 OF THE CITY CODE.
CITY
OWN~R_~AN, D ADDRESS PROPERTY....DESCRIPTION CODE
1.
Arthur J. Michael Lot 5, Block 8, Del-Ida Park. 15-3
503 N. E. 2nd Avenue (209 N. E. 5th Street) &
Delray Beach, Florida 33444 15-4
.2.
Salvatore & Lucille Maria Vacant part of Lot 20, Block 6, 15-3
Pollifrone Del-Ida Park.
18 N. E. 5th Street (18 N. E. 5th Street)
Delray Beach, Florida 33444
®
Kenneth J. & Elizabeth E. Vacant part of Lots 1 .and 2, 15-3
Ganaway Block 61. &
P. O. Box 545 (20-38 W. Atlantic Avenue) 15-4
Palm Beach, Florida 33480
Violations 15-3 and 15-4 as concerns this report are as follows=
1. 15-3 - Old lumber
15-4- Weeds and undergrowth
2. 15-3 - Debris and old lumber
,3. 15-3 - Debris
15-4 - Weeds and undergrowth
Sub~itted to the City Council by the City Manager on
this the 13th day of July, 1970.
t22-B
RESOLUTION NO, 39'70.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OP DELRAY BEACH, FLORIDA, ORDERING THE OPEN-
ING, GRADING AND PAVING OF THAT PART OF SOUTH-
WEST SIXTH AVENUE LYING BETWEEN SOUTHWEST
FOURTH AND SEVENTH. STREETS.
WHEREAS, the City Council of the City of Delray Beach, Florida,
did, on the 27th day of APril, 1970, adopt Resolution No. 32-70 order-
ing .the City Manager to prepare plans and specifications, together
with estimate of cost of opening, grading and paving of that part of
Southwest Sixth AvenUe lying between Southwest Fourth and Seventh
Streets to a width of twenty-four (24) feet, and requiring said plans,
specifications and estimate of cost of such improvement to be placed
on file in the office of the City. Manager, and
WHEREAS, the City.Council deems it to be necessary for the safety
and convenience 'of the public to open, grade and pave said street.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Delray Beach, Florida, that it is determined to make the following
described improvement, to-wit.-
To Ope~, Grade and Pave that part of Southwest Sixth Avenue
lying between Southwest Fourth and Seventh Streets to a
width of twenty-four (24) feet, the total cost as estimated,
for such improvement being $12,860.
BE IT FURTHER RESOLVED that the entire cost of such improvement
shall be shared by the City of Delray Beach, Florida, and the follow-
ing described properties, in Delray Beach, Palm Beach County, Florida,
on a basis Of the City of Delray Beach paying twenty (20) per cent of
the cost of said improvement, and the abutting property owners, said
properties shown below, paying eighty (80) per cent of said total cost,
by special assessment.
S, ection 20, Township. 46.South~ Ranqe 43_~.ast:
The North Half of the East Half of the East Quarter of the Northwest
Quarter of Lot 1 less ~he.South 63 feet.
The South 63 feet of ~the North Half of the East Half of the East
Quarter of the Northwest Quarter of Lot 1.
The South Half of the East Half of the East Quarter of the Northwest
Quarter of Lot 1.
The North 51.26 feet of the South306.26 feet of the West 122 feet of
the Northeast Quarter of Lot 1 less the West 25 feet.
The North 25.5 feet of the South 255 feet of the West 122 feet of the
Northeast Quarter of Lot 1 less the West 25 feet.
The North 25.5 feet' of the South 229.5 feet of the West 122 feet of
the Northeast Quarter of Lot 1 less ~he'West 25 feet.
The North 51 feet of the South 204 feet of the West 122 feet of the
Northeast Quarter of Lot I less the west 25 feet.
The North 51 feet of the South 153 feet of the West 122 feet of the
Northeast Quarter of Lot 1 less the West 25 feet.
122-C
Page 2. ResOlution No. 39-70.
The North 51 feet of the South 102 feet of the West 122 feet of the
Northeast Quarter of Lot 1 less the West 25 feet.
The South 51 feet of the West 122 feet of the Northeast Quarter of
Lot 1 less the~.West 25 feet.
The West Three-Quarters of the South Half of Lot' 1 less the West 25
feet of the East Half of the South Half of Lot 1; and less the East
25 feet of the West. Half of the South Half of Lot 1.
ROS EMONT PARK BLOCK LO~.
" 3 1, 2 and 3
" 3 4 and North half of 5
" 3 6 and South half of 5
" 3 7
" 3 8 and 9
" 3 10, I1 and 12
" 5 13 and 14
" 5 15, 16, 17 and South
· 25 feet of
" 5 1.9 and North 25 feet of
" 5 20 and 21
" .... 5 22
" 5 23 and 24
said benefits to be determined and prorated according to the front
footage of the respective properties as set forth immediately above,,
BE IT FURTHER RESOLVED that said special assessments against al!
the parcels of lands as set forth above which are specially benefited,
shall be and remain liens superior in dignity to all other liens, ex-
cept liens for taxes, until paid, from the date of the assessment upon
the respective lots and parcels of 'land assessed, and which shall bear
interest at the rate of eight (8) per cent per annum, and which may
be paid in three (3) equal yearly installments with accrued interest
on all deferred payments. Payment shall be made to the City of Delray
Beach,. Florida,-at the office of the City Tax Collector, and upon
failure of any property owner to pay the annual installment due, or
any annual interest upon deferred payments, the City of Delray Beach
may bring necessary legal proceedings by a Bill in Chancery to enforce
payment thereof with all accrued interest, together with all legal
costs incurred, including a reasonable attorney's fee. The total
amount of any lien may be paid in full at any time with interest from
the date of assessment.
IT IS ORDERED that the City Council shall sit at the City Hall in
the City of Delray Beach, Florida, at 8:00 P.M. on the 27th day of
July, 197'0, for the purpose of hearing objections, if any, on said
proposed improvement, as set forth above.
PASSED AND ADOPTED by the City Council of the City of Delray Beach,
Florida, on this the 13th day of July, 1970.
/S/ J. L. Saunders
MAYOR
ATTEST:
~S/ Hallie E. Yates City Clerk
.122 -D
RESOLUTION NO. 40-70.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING A NORTH-SOUTH SIXTEEN
(16) FOOT ALLEY IN PINE VIEW SUBDIVISION,
CITY OF DELRAY BEACH, FLORIDA.
WHEREAS, the owners of Lots 7 through 18, inclusive,
PINE ViEW Subdivision, as appears in Plat Book 12, Page 89,
Public Records of Palm Beach County, Florida', have petitioned
the City of Delray Beach, Florida for abandonment of the North-
South Sixteen (16) Foot Alley in PINE VIEW Subdivision; and
WHEREAS, said Alley has never been opened nor made
use of, and it is deemed not needed by the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE C~ITY OF DELRAY BEACH, FLORIDA:
That pursuant to Section Seven (7), Paragraph
Three (3) of the Charter for the City of Delray Beach, Florida,
it is hereby determined to vacate and abandon the following
described right-of-way.
The North-South Sixteen (16) Foot Alley
in PINE VIEW Subdivision, as appears in
Plat Book 12, Page 89, Public Records of
Palm Beach County, Florida.
PASSED AND ADOPTED in regular session on this the
13th day of July, 1970.
/S/ J. L. Saunders__.
MAYOR
ATTEST:
/S/ Hallie E. Yates
City Clerk
122-E
ORDINANCE NO. 23-70.
AN ORDINANCE OF THE CITY COUNCIL OF T~E CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO T~E CITY OF
DELRAY BEACH CERTAIN LAND, N~MELY LOT 22, 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 T~E RIGHTS AND OBLIGA-
TIONS OF SAID LAND; AND PROVIDING FOR THE ZONING
THEREOF.
WHEREAS, RICHARD W. RANDOLPH· and ELEANOR I. RANDOLPH, his
wife, are the fee simple owners of the property hereinafter described,
and
W~EREAS, RICHARD W. RANDOLPH. and ELEANOR I. RANDOLPH, his
wife, by their petition, have consented and given permission for the
annexation of said property by the City of Delray Beach, and
WHEREAS, the City of Delray Beach has heretofore been 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, T-}~DREFORE,, BE IT ORDAINED BY T~E 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 22, FIRST ADDITION TO K~NMONT, 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 RM-1 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 i11egallty shall in no way affect
the remaining portion.
PASSED in regular session on the second and final reading
on the 13th day of July , 1970.
/S/ J. L. Saunders
ATTEST: ............. M -A'y O R '
..~/S./ Hall~ie E Y~.tes ...............
City Clerk
First Reading .June 22, 1970 Second Readinq....july ,13, 1970
1~22-F
ORDIIqANCE NO. 24-70.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING SUB-SEC-
TION (10), SECTION 29-1, CHAPTER .29 OF-THE
CODE OF ORDINANCES OF THIS CITY PERTAINING
TO BUILDING HEIGHT DEFINITIONS FOR ALL BUILD-
INGS IN THE CITY.
WHEREAS, a discrepancy exists as to the method of fig-
uring heights of buildings in the City of Delray Beach, and
WHEREAS, the City Council desires to correct such dis-
crepancy.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Sub-section .(10), Section 29-1, Chapter
29 of the Code of Ordinances of the City be and the same is
hereby amended to read as follows:
"(10) BUILDING, HEIGHT OF.
The vertical distance measured from a point
determined to be 2% feet above the minimum elevation
of the crown of the adjacent street (if more than
one adjacent street then 2% feet above the minimum
elevation of the crown of the lowest adjacent street)
to the ceiling of the ]~ighest floor or measured from
the lowest finished grade to the ceiling of the high-
est floor, whichever rcsults in a building of lower
height, except that one -and two-family residences,
instead of being measured to the ceiling of the
highest floor will be m~asured to the highest point
of the roof for flat' roofs; to the deck ling of
mansard roofs, and the mean height between the eaves
and ridge for gable, hip or gambrel roofs."
SECTION 2. Ail ordinances, o~ parts thereof, in conflict
herewith, be, and the same are hereby repealed.
PASSED in regular session on the:second and final reading
on this the 13th day of July , 1970.
/S/ J. L. Saunders
MAYOR
ATTEST:
/S/ Hallie E. Yates
City Clerk
First Reading June 22? 1770, ,
Second Reading July. 13., 1970