10-12-70 OCTOBER 12, lgT0.
A regular meeting of the city .Council of the City of Delray BeaCh
was held in the Council Chambers at 7:00 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. Youngblood 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 September 28, 1970, were
unanimously approved, on motion by Mr. ¥oungblood and seconded by
Mr. Pitts.
X. Mayor Saunders thanked. Mrs. Martin for conducting the last regular
Council meeting in his and the Vice-Mayor's absence.
He also commended Mr. Scheifley on his manner of conducting the
Palm Beach County Municipal League Meeting, Friday, October 9, at
which the political candidates in the .upcoming election were present
to answer questions.
5. Mr. Pitts asked that consideration be given to appointment of two
additional members to the Financial Advisory Board, one of said mem-
bers to be an Attorney, and that this item be discussed at a workshop
meeting, He also asked .for~ consideration at a.'workshop meeting of
the possibility, with the cooperation of the merchants, of having
Royal Palms or a similar type of tree placed on Atlantic Avenue as
the smaller trees are often in the way of pedestrian traffic and do
not lend the dignity'to Atlantic Avenue that could be achieved.
5. Mr. Pitts mentioned that Council members had received a copy of
a letter concerning Ray W. Yates, Sanitation Superintendent of the
Public Works Department, who has been seriously ill and not recovered
yet, and that it was mentioned in the letter that he would be con-
sidered for some ~osition when he is able to work again. Mr. Pitts
said he would recommend that such consideration be given, and hopes
other Council members feel the same way.toward Mr. Yates as he has
been a loyal and long-time servant of the City.
5. Mr. Scheifley commended the owner of the building we, t of Worthing
Park for beautifying said building which greatly improves the looks
of the area.
5. Mr. Scheifley referred to the tax sanctuaries outside the City
limits that use all the City facilities, the City name, etc., and do
not pay any City Taxes, and said he thinks the City should do every-
thing possible to get these properties into the City as the condition
as it exists is unfair to the City taxpayers.
Further, the State Legislature has recently passed a new law re-
quiring the City to reduce the water rates now charged .ko out of' town
users.
Mr. Scheifley said he hopes that the. city Attorney and City Manager
will advise Council of any possibility of annexing these properties
to the City for a more equitable structure.
5. Mayor Saunders reported he had observed that the Service Station
at the corner of Atlantic and N. E. 3rd Avenues had been cleaned up.
The Mayor said he had received a letter and a thank you note to
Council and City Employees from former Councilman James B. Wilson for
flowers sent to his late wife's funeral~ further, that Mr. Wilson is
visiting his son in California and plans to return to Delray Beach in
December.
5. MaYor Saunders read a Proclamation Proclaiming October 24, 1970,
as UNITED NATIONS DAY and reported that he had appointed Dr. John R.
Westine as Chairman for Delray Beach in this historic 25th Anniversary
Year of the United Nations. He presented Dr. Westine with the Pro-
clamation and with a Distinguished Service~ Certificate for Serving as
UN Day Chairman. Dr. Westine reported on his contact with local School
Churches and Civic Organizations in setting up programs for UN Day.
6.a. Concerning the approval of Fire Station construction plans, the
City Manager said that the architect's plans for said construction on
S. W. 12th Street, and possibly later at a location in the beach area,
were reviewed and given informal sanction by Council at the October 6
workshop meeting, and it is recommended that these plans be approved.
Mr. Pitts moved that the plans for construCtiOn of a fire station
on S. W, 12th Street be approved, as submitted tO Council, the motion
being seconded by Mr. Youngblood and unanimously carried.
6.b. The City Manager informed CounciI that the adjacent owners h~ve
requested permission to take tit.le tO property in Block 133 known as
Lots 63 and 86, Unrecorded Plat of Palm Square. This property is a
25-foot right-of-way for street purpOses extending from Palm Street to
Canal Street and referred to as Lovers' Lane.
He said that since a street at this location will never be needed,
it is recommended that the property be abandoned, but that the City
have a utility easement encompassing the entire property because of
the fact that a water line and telephone and electrical services are
located there. This change in "inStrument of control" by the City
(1) will satisfy the request of the adjacent property' owners and
permit them to properly maintain the property; (2) will not diminish
(needed) public right to use the property, i.e., for utility purposes~
and (3) will put the property on the tax roll.
After discussion, Mr. Scheifley moved that said portion .of Block
133, Unrecorded Plat of Palm Square, be abandoned subject to the
stipulations as recommended, the motion being seconded by Mrs. Martin
and unanimously carried.
6.c. The City Manager reported that it was informally agreed at the
October 6 workshop meeting that Council would consider authorizing
improvements costing an estimated $23,000 to the security section of
the Police-Building with financing to come from .proceeds of the
recently-sold Utility Tax Revenue Certificates. .He recommended that
Council authorize the securing of bids for these improvements.
Mr. Youngblood moved that authorization ..for securing bids .for. said
improvement to the Police Building in the amount of $23,000 be granted,
the motion being seconded by Mr. Pitts and unanimously carried.
6.d. Concerning appointment of a member to the Civil Service Board
to fill the vacancy created by the appointment of Mr. I. C. Smith as
City Prosecutor, Mr. Youngblood moved that Mr. William J. Howard be
appointed to fill said vacancy, which expires on April 1, 1974, the
motion being seconded by Mr. Pitts and unanimously carried.
6.e. The City Manager reported that on August 10, 1970, Council au-
thorized the firm of Russell & Axon to prepare a Supplementary Report
relative to updating plans and specifications and estimated cost for
expansion of the City's water facility pursuant to discussion at a
est,-
workshop, meeting held on August. 4th. Further, the current total
mated cost is $2,496,!03. with Bond Issue funds in the amount of
$2,193,944. being available for financing the project, leaving an
estimated shortage of $302,159- He said that about, half of the esti-
mated shortage~ $i51,913. is a contingency provision, and the actual
shortage will not be known until the takimg of bidS. Also, the sooner
bids are taken the more favorable the price should be.
The City Manager recommended accepting Russell & Axon's Supple-
mentary Report and authorizing advertising for bids. He said if it
appears, al%er the opening of bids, that a .shortage of financing funds
is likely to exist he would suggest discussion of proceeding with the
-~- 1
project at a workshop meeting prior to awarding the contract as he
knows of several alternatives that can be considered.
Mr. Scheifley moved that Russell & Axon's Supplementary Report
be accepted and to authorize advertising for ~bids, the. motion being
seconded by Mrs, Martin and unanimously carried.
The City Attorney was asked to report to Council at the next
workshop meeting regarding putting an arbitration clause in all
contracts.
6. f. Concerning appointment of members to the Housing Board of Ad-
justments and Appeals, Mrs. Martin moved that the foIlowing individ-
uals be appointed to said Board with length of terms as indicated:
John H. Nixon 1 year
Robert J. Holland 2 years
Nick J. Favitta 2 years
Norris Spells 3 years
Jack D. Walker 3 years
The motion was seconded by Mr. Youngblood and carried unanimously.
6.g. City Manager Mariott reported that it was informali¥ agreed at
the October 6th worksohp meeting to formally Co~sider authorization
of the purchase of a site on S. W. 12th Street for the construction
of an additional fire station, at a cost of $27,500. He said the site
in question, which has architect, administration and fire underwriters
approval, is located on the north Side of S. W. 12th' Street a short
distance east of the southWard extension of S. w. 8th Avenue, and con-
sists of slightly less than-one acre, with a 150 foot frontage on 12th
Street and a depth of approximately 273 feet.
Following discussion, Mr. Youngblood moved to approve the pur-
chase of said site', the motion being seconded by'Mr. Scheifley and
unanimously carried.
7.a. The City Manager reported that a letter has-been received from
the County Engineer's Office advising that a traffic study was con-
ducted at the intersection of Congress Avenue and Lake Ida Road which
indicated that this intersection meets the minimum Warrants for sig-
nalization in accordance with' the Manual on Uniform Traffic Control
Devices. Further, the Board of County Commissioners has authorized
the County Engineer's office to'enter into an agreement with the City
of Delray Beach for signalization of this intersection, with the City
and County sharing the cos~ of installation,-which is estimated to be
$5,500. + for a two-phase full actuated Unit.
It was also ..reported that the Traffic Safety Officer, Lt. C. E.
Dalton, advises that the amount 'of traffic in that area warrants this
installation, therefore, it is recommended that Council authorize
entering into such an agreement, funds for which are budgeted in the
Traffic Engineering. account.
Mr. Pitts moved that said' agreement, be made between the City and
County for installation of a traffic light at North Congress Avenue
and Lake Ida Road, the motion being seconded by Mrs. 'Martin and unani-.:
mously carried.
X,. Mr. Scheifley informed Council that at the Palm Beach County
Municipal League meeting Friday, October 9th, .County Enginner Hill
informed the League that when 1-95 is Completed, the municipalities
and county will have to pay for the lighting of Same at a cost of
$240,000.
7.b. The City Manager reported that a request had been received from
Mr. A. L. Shapiro, developer of Lake Delray Apartments and the Lake
Ray Project, for time extensions on these site plans, and since Ordi-
nance No. 29-70 which.was Placed on first reading on September 14th
only requires that the applicant file a request prior to the time the
ordinance becomes effective, and does not require Council action prior
to that time, recommended that Council' acknowledge'receipt of Mr.
Shapiro's request fOr extension of time and that action be deferred
until a later date.
Mr. Pitts moved to acknowledge receipt of said request, the
motion being seconded by Mr. ¥oungblood and unanimously carried.
7.c. Council was informed of a request received from Attorney Robert
T. Carlile, representing Mr. & Mrs. Wyndal Dunn, owners of' Lots 452
and 453, Tropic Isle, 4th Section, for reloCation of an easement
across the common boundary line of these two lots to the north por-
tion of Lot 453,. said relocation being requested because the Dunn's
house plans provide for utilization of both lots.
The City Manager reported that the City Engineer advises there
are no existing facilities in this easement, and he sees no objection
to granting the request; further, should it be Council's wish to
grant said request, RESOLUTION NO. 64-70, providing for such reloca-
tion has been prepared.
RESOLUTION NO. 64-70.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, VACATING AND ABANDONING AN EASEMENT
OVER LOTS 452 AND 453, 4TH SECTION OF TROPIC lISLE, AC-
CORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 25,
PAGES 69 AND 70, PUBLIC RECORDS OF PAI~4 BEACH COUNTY,
FLORIDA.
(Copy of Resolution No. 64-70 is attached %0 the official copy of
these minutes.) See page 170-A.
Resolution No. 64-70 was unanimously passed and adopted on
first and final reading, on motion by Mr. Scheifley and seconded by
Mr. Youngblood.
7.d. Council unanimously acknowledged receipt of the September 24th
special meeting minutes of the BeautifiCation committee, on motion by
Mr. ¥oungblood and seconded by Mr. Pitts.~.
8.ao The City Manager.presented RESOLUTION NO. 63-70.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, RELATING TO FALLOUT SHELTERS.
(Copy of Resolution No. 63-70 is attached to the official copy of
these minutes.) See page 170-E.
Resolution No. 63-70 was unanimously passed and adopted on
first and final reading, on motion by Mr. Pitts and seconded by Mrs.
Martin.
8.b. City Manager Mariott presented RESOLUTION NO. 65-70.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, VACATING AND ABANDONING CERTAIN EASEMENTS
AND A PORTION OF FREDERICK BOULEVARD AS SHOWN ON PLAT OF
DEL-RATON PARK SUBDIVISION AS APPEAR IN PLAT BOOK 14,
PAGES 9 AND 10, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
(Copy of Resolution No. 65-70 is attached to the official copy of
these minutes.) .See page 170-B.
Resolution No. 65-70 was unanimously passed and adopted on
first and final reading, on motion by Mr. Youngblood and seconded by
Mrs. Martin.
8.c. The City Manager presented ORDINANCE NO. 29-70.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ~/v~NDING sEcTION 29-7.5½, CHAPTER 29
OF THE CITY'S CODE OF ORDINANCES-PERTAINING~ TO SITE
PLAN APPROVAL REGULATIONS,
(copy of Ordinance No. 29-70 is attached to the official copy of
these minutes.) See page 170-C.
A Public Hearing having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of
Delray Beach .was held, and, there, being no objection to Ordinance No.
29-70, said Ordinance was unanimously passed and adopted on this
second and final reading, on motion by Mr. Scheifley and seconded by
Mr. Youngblood.
8.d. City Manager Mariott presented ORDINANCE NO. 32-70.
AN ORDINANCE OF THE CITY OF DELRAY BEACH~ FLORIDA~ AMEND_
ING SECTION 2-18, CHAPTER 2, CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, PERTAINING TO QUALIFICA-
TIONS OF THE CITY PROSECUTOR AND REPEALING SECTIONS 2-19,
2-20, 2-22 and 2-23 WHICH ARE NOW INCORPORATED IN THE
CHARTER.
(Copy of Ordinance No. 33-70 is attached to the official copy of
these minutes.) See page 170-D.
A Public Hearing having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of
Delray Beach was held, and,there being no objection to Ordinance No.
33-70, said Ordinance was unanimously passed and adopted on this
second and final reading, on motion by Mrs. Martin and seconded by
Mr. Pitts,
8.e. The City Manager presented ORDINANCE NO. 35-70.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH,. FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH
CERTAIN LANDS LYING IN THE NORTHWEST QUARTER OF SECTION
28, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ALSO THE SOUTH
HALF OF S. E. 12TH STREET LYING EAST OF THE EAST RIGHT-
OF-WAY LINE OF DIXIE HIGHWAY, AND WEST OF THE WEST RIGHT-
OF-WAY LINE OF STATE ROAD NO. 5 (U. S. HIGHWAY NO. 1),
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 OBLI-
GATIONS OF SAID LANDS; AND PROVIDING FOR THE ZONING
THEREOF.
(Copy of Ordinance No. 35-70 is attached to the official copy of
these minutes.) See pages 170-F-G.
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.
35-70, said Ordinance was unanimously passed and adopted on this
second and final reading, on motion by Mr. Pitts and seconded by Mr.
Youngblood.
8. f. City Manager Mariott presented ORDINANCE NO.~ 34-70.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH
CERTAIN LANDS IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE
43 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICI-
PAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF
SAID CITY TO INCLUDE SAID LJkSTDS; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LANDS; AND-PROVIDING
FOR THE ZONING THEREOF.
'It was p~i~e~ o~,~ ~hat ~4r. '.Tate.~ the developer, plans' 7½ to 8
Mrs. Martin requested that the Ordinance be revised to incorpo-
rate an agreement that the land be annexed under normal taxation and
with the provision of 7½ units per acre, which agreement would be
binding on the owner or any future owner of the property.
The City Attorney said the provision of 7½ units per acre could
not be incorporated in the ordinance for annexation because there is
no existing multiple family dwelling district with such provisions.
Mr.' Scheifley~ during lengthy comments, suggested that this
Ordinance be tabled until January, after the Master Plan has been
received.
The City Manager suggested placing the Ordinance on first reading
and tSat after second rgading, and public hearing it be tabled until
the Site Plan Approval comes before Council and consideration be given
to passing the Ordinance and approving the Site Plan at the same time.
Following general discussion, }~Lro Youngblood moved that Ordi-.
nance No. 34-70 be placed on first reading, the motion being seconded
by Mrs. Martin. Upon call of roll, Mrs. Martin, Mr. Youngblood and
Mayor Saunders voted in favor of the motion ,and Mr. Scheifley and Mr.
Pitts were opposed.
8.g. The City Manager presented ORDINANCE NO. 36-70.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, REZONING AND PLACING THE NORTHWEST
QUARTER (m~) OF THE NORTHEAST QUARTER (HE¼) OF. ~{E -
SOUTHWEST QUARTER (~'~%) OF SECTION 18, TO~NSHIP 46
SOUTH, RANGE 43 EAST, iN "RM-1 MULTIPLE FAMILY DWELL-
ING DISTRICT", AND A/.~ENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, 1969".
~rs. Martin moved that Ordinance No. 36-70 be placed on first
reading and that the .Public Hearing .on said Ordinance be held at the
regular Council meeting on November 9th, the motion being Seconded
by Mr. Youngblood and unanimously carried.
8.h. City Manager Mariott presented ORDINANCE NO. 37-70.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 4 OF THE CODE OF ORDI-
NANCES OF THE CITY OF DELRAY BEACH BY' REPEALING SECTION
4-4 (b) PERTAINING TO THE SALE: OF ALCOHOLIC BEVERAGES
ON ELECTION DAY.
Ordinance No. 37-70 was unanimously plac~ed on first reading,
on motion by Mr. Scheifley and seconded by Mr. Youngblood...
10.do Mrs. Emil Ao Frederick, 30 Marine Way, asked that the condi-
tion of the Royal Palm Trees and retaining wall in that area be
checked into.
10.bo ~.~r. Scheifley requested that the Beautification Committee try
to arrange with Mr. Gary Gooder, Editor of the Delray Beach News-
Journal, to have the minutes of their meetings published in the news-
paper in order that the public may know what the Committee is doing.
10.b. Due to the Florida League of Municipalities Meeting during the
week of October 25th, the next regular Council meeting was rescheduled
from October 26th to Thursday, October 22, 1970 at 7:00 P.M., on motion
by Mr. Youngblood and seconded by Mr. Pitts.
10,b. Mayor Saunders reported that the Ero Jacks had been delivered and
placed on the. Beach and that the company furnishing them would like to
put in 70 or 80 six-foot Ero Jacks over the ones there now. Further,
they would need Council permission and help from City equipment, which
was agreeable to Counuil.
-6- 10-12-70
10.b. The City Manager reported that due to. the hazardous condition
of the-..~railroad crossing.at East Atlantic Avenue, the F. E. C. Rail-
way Company will have said crossing closed on Tuesday, Wednesday and
Thursday of this week for reconstruction of same, and asked that the
reporters publish this information in the newspapers.
10.b. City Manager Mariott informed Council that a petition has been
received from Elaine A. Wieler, owner and manager of Elinas Mexican.
Restaurant, located at 2238 SoUth.Federal Highway, for a license to
sell beer and wine, for consumption on the premises° He said the
applicant has been approved by the' local law enforcement officials,but
the restaurant has not been approved by the County Health Department
and the City Inspectors~. He reported heha~ been informed.tha~ said
building will be' demolished within a few months, and recommended that
this application be approved, subject to approval by the County Health
Department and the City Inspectors.
Mr. Pitts moved that said application be approved subject to
the recommendations of the City Manager, the motion being seconded
by Mr. Scheifley and unanimously carried.
10.c. The following Bills for Approval were presented:
General Fund ~$101,888o90
Water Operating & Maintenance Fund 3,168.63
Water Revenue Fund " 19,527.00
Payroll Account ' 111.30
Interest & Sinking Fund
Water & Sewer Bonds, Series 1961 20,000.00
Cigarette Tax Fund 4,057.72
Capital Improvements Construction Fund 15~834.00
The Bills were unanimously approved for payment, on motion by
Mro Pitts and seconded by Mr. Youngblood.
The meeting adjourned at 9:00 P.M.
HALLIE E. YATES
City clerk
APPROVED~
!,
170-A
RESOLUTION NO. 64-70.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING AN EASEMENT OVER LOTS
452 AND 453, 4TH SECTION OF TROPIC ISLE,
ACCORDING TO THE PLAT THEREOF RECORDED
IN PLAT BOOK 25, PAGES 69 AND 70, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
WHEREAS, WyNDAL DUNN and PATRICIA DUNN, his wife,
have made application to the City Council of the City of
Delray Beach, Florida, to vacate an easement over Lots 452
and 453, 4th Section of Tropic Isle, according to the Plat
thereof recorded in Plat Book 25, Pages 69 and 70, Public
Records of Palm Beach County, Florida~ and
WHEREAS, said easement is desired to be relocated,
and this Resolution shall be understood to be effective only
at such time as the City has been furnished an Easement Deed
for construction and maintenance of public utilities over and
under the North ten feet of Lot 453, 4th Section of Tropic
Isle, according to Plat thereof recorded in Plat Book 25,
Pages 69 and 70, Public Records of Palm Beach County, Florida°
NOW, THEREFORE, BE tT RESOLVED BY TH~ CITY COUNCIL
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
That pursuant to paragraph three of Section seven of
the City Charter of the City of Delray Beach, Florida, we here-
by declare abandonment of the following easement referred to
hereinabove and described as follows:
The West five feet of Lot 452 and the East
five feet of Lot 453, 4th Section of Tropic
Isle Subdivision located in the City of
Delray Beach, Florida, according to the Plat
thereof recorded in Plat Book 25, Pages 69
and 70, Public Records of Palm Beach County,
Florida.
PASSED and ADOPTED this 12th day of October, 1970.
,/.S,/ J,,. L~ Saunde, rs
MAYOR
ATTE ST:
/S/ Hallie E Yates
City Clerk
170-B
RESOLUTION NO. 65-70.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING CERTAIN EASEMENTS AND A
PORTION OF FREDERICK BOULEVARD AS SHOWN
ON PLAT OF DEL-RATON PARK SUBDIVISION AS
APPEAR IN P;~T BOOK 14, PAGES 9 AND 10,
PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
.WHEREAS, AIDEN, INC., a New York Corporation, the
fee simple owner of Lots 1 through 20, Block 23; Lots 12
through 33, Block 22; Lots 1 through 10, and Lots 57 through
66, Block.35; and Lots 12 through 33, Block 36, all being in
Del-Raton Park Subdivision, per Plat Book 14~ Pages 9 and 10,
Public Records of Palm Beach County, Florida, through its
Authorized Agent, Mr. Robert M, Kinkead, has petitioned for
abandonment of the existing easements and that portion of
Frederick Boulevard lying within the boundaries of said
proper ty, and
WHEREAS. said dedicated street right-of-way has
never been opened or used, and no use has been made of said
easements, and said street right-of-way and easements are
deemed not needed by said City;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DELRAY BEACH, FLORIDA:
That pursuant to Section Seven, Paragraph Three of
the Charter of the City of Delray Beach, Florida, it is here-
by determined to vacate and abandon any title and interest in
the following 'described property:
That portion of Frederick Boulevard lying
adjacent to and East of the East line of
Lots 11 through 20, Block 23, and Lots 23
through 33, Block 22, and adjacent to and
West of the West line of Lots 1 through 10,
Block 35, and Lots 12 through"22, Block 36;
al~so the easements lying within and over Lots
1 through 20, Block 23, Lots 12 through 33,
Block 22, Lots 1 through 10 and Lots 57 through
66, Block 35, and Lots 12 through 33, Block 36,
all being in Del-Raton Park Subdivision as ap-
pear in Plat BOok 14, Pages 9 and 10, Public
Records of Palm Beach County, Florida.
PASSED and ADOPTED in regular session on this the 12tt~
day of October, 1970.
J_.._~ L_.__S aunders ..... -
MAYOR
ATTEST
/S/Hallie _E. Ya.t.¢$ ..
City Clerk
i70-C
ORDINANCE NO. 29-70.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING SECTION
29-7.5½, CHAPTER 29 OF THE CITY'S CODE OF
ORDINANCES PERTAINING TO SITE PLAN APPROVAL
REGULAT IONS.
WHEREAS' the City Council of the City of Delray Beach, Florida,
has determined that definite time limitations shall apply to all site
plan approvals, and
WHEREAS, site plan approval has been granted and building permits
not taken out to which time limitations shall also apply.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, PLORIDA, AS FOLLOWS:
Section 1. That paragraph (G) of Sec. 29-7.5½, Chapter 29 of the
Code of Ordinances of the City be amended to read as follows:
"(G) In granting any special exception, the city council
may prescribe appropriate conditions and safeguards in
conformity with the standards herein set out in conformity
with the zoning ordinance. Violation of such conditions
and safeguards when made a part of the terms under which
the special exception is granted, shall be deemed a viola-
tion of the zoning ordinance and punishable under section
29-7.10 of the zoning ordinance. In making a grant of
special exception, the city council may prescribe a time
limit within the action for which the special exception
is granted shall be begun or completed, or both. Failure
to begin or complete, or both, such action within the
time limit shall void the special exception.
Unless other provisions are approved under the first
part of this subsection, all site plan al~)rovals will ex-
pire one year from the date of approval unless a building
permit has been issued and construction commenced as de-
fined in the Southern Standard Building Code."
Section 2. Section 29-7.5% (G), Chapter 29, as amended above
shall apply to all outstanding site plan approvals in the same manner
as if the site plans were approved on effective date of this ordinance
unless prior to the effective date of this ordinance, the holder of
the site plan applies for additional time and council grants the ad-
ditional time or a definite time limit has already been established
by council.
The Building Official shall notify, by certified mail, all parties
having site plan approvals within one week of the passage on first
reading of this ordinance of the proposed change and the date of the
public hearing to be held in connection with passage of this ordinance.
Passed in regular session on the second and final reading on this
the 12th day of October , 1970.
~S~ J. L Saunders
MAYOR
ATTEST:
/S/ Hallie E. Yates ,
City Clerk
First Reading _ September 14, 1970 Second Reading OctOber 12, 1970
170-D
ORDINANCE NO. 33-70.
AN ORDINANCE OF 'THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING SECTION 2-18, CHAPTER 2, CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA, PERTAINING TO
QUALIFICATIONS OF THE CITY PROSECUTOR AND REPEALING
SECTIONS 2-19. 2-20, 2-22 and 2-23 WHICH ARE NOW
INCORPORATED IN THE CHARTER.
WHEREAS, the City Charter of the City of Delray Beach,
Florida, was amended by the 1970 Florida Legislature in the pas-
sage of Legislative Bill 70-3826, and
W~LEREAS, the City Council of the City of Delray Beach de-
sires to establish the qualifications for the City Prosecutor
pursuant to Legislative Bill 70-3826, and
WHEREAS, the present sections of the Code of Ordinances
are in conflict with Legislative Bill 70-3826.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DFJ~RAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 2-18, Chapter 2 of the Code of
Ordinances of the City be amended to read as follows:
"Sec. 2-18. City Prosecutor, qualifications for
office.
The City prosecutor in addition to his qualifi-
cations established by the charter, shall be a legal
resident or have his principal office in Delray
Beach at the time of his appointment and during
his tenure of office."
SECTION 2. That Sections 2-19, 2-20, 2~22 and 2-23 of
Chapter 2 of the Code of Ordinances of the city, be, and the
same are hereby repealed and eliminated from said Code of Ordi-
nances.
PASSED AND ADOPTED in regular session on second and final
reading on the 12th day of October , 1970.
~/ J. L. Saunders
MAYOR
ATTEST:
/S/ Hallie E. Yates
City Clerk
First Reading .Septemb. er ,2,8, 1970.
Second Reading O~tob~_r 12. ]9_70
170-E
RESOLUTION NO. 63-70.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, RELATING
TO FALLOUT SHELTERS.
WHEREAS, there is a continuing possibility of
nuclear war involving the United States and many other
nations possessing the capability of waging such war,
and
WHEREAS, an adequate fallout shelter program would
save the lives of thousands of people in Palm Beach County
from the deadly effects of nuclear radiation, as well as
provide refuge from natural and accidental disasters, and
WHEREAS, there now exists a ~erious deficit of
public fallout shelter with a protection factor meeting
desired Federal standards, and it is deemed essential
to seek to increase the fallout shelter potential for
the protection of citizens in times of disaster,
NOW, T~REFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CIH~ OF DELRAY BEACH, FLORIDA:
To recommend that preliminary drawings for con-
struction or modification of public buildings include
fallout shelter slanting~cost reduction techniques
(available at no cost through the University of Florida)
and that such protected space be provided in new/modi-
fied public buildings to the fullest extent practicable.
PASSED and ADOPTED in regular session on this the
12th day of October, 1970~
/S/ J. L..Saunders
MAYOR
ATTE S T:
/S/ Hallie E. Yates .... City dlerk
170-P
ORDINANCE NO. 35-70.
mN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DF~RAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH CERTAIN LANDS LYING IN
THE NORTHWEST QUARTER OF SECTION 28, TO~T~SHIP
46 SOUTH, RANGE 43 .EAST, ALSO THE SOUTH HALF
OF S. E. 12th STREET LYING EAST OF THE EAST
RIGHT-OF-WAY LINE OF DIXIE HIGHWAY, AND WEST
OF THE WEST RIGHT-OF-WAY LINE OF STATE ROAD
NO. 5 (U. S. HIGHWAY NO. 1), 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 PRO-
VIDING FOR THE ZONING THEREOF.
WHEREAS, SECOND NATIONAL BANK OF DELRAY BEACH, is the fee sim-
ple owner of the lands hereinafter first described, and
WHEREAS, FREDERICK J. TESCHKE, PRESIDENT OF THE SECOND NATIONAL
BANK OF DELRAY BEACH. by his petition has consented and given per-
mission for the annexation of said lands by the City of Delray
Beach, and
WHEREAS, the City of Delray Beach has heretofore been author-
ized to annex lands in accordance with Section. 185.1 and Section 6A
(4) of the City Charter of said City granted to it by the State of
Florida; and
WHEREAS, the annexation of these lands, hereinafter first de-
scribed, in the C-2 General Commercial District has been recommend-
ed by the Planning and Zoning Board in action taken at its meeting
held on September 15, 1970;
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 sa~d City the follow-
ing described tracts of land located in Palm Beach County, Florida,
which lie contiguous to said City, to-wit:
A portion of Tract No. 2A, REVISED PLAT PORTIONS OF SEC-
TIONS 28-29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, according
to the plat thereof recorded in Plat Book 18, Page 53,
of the Public Records of Palm Beach County, Florida, more
particularly described as follows:
Commencing at the Northwest corner "of said Section 28;
thence· on an assumed bearing of South 2o47 '25" ~6s]~ a-
long the West line of said Section 28, a distance of
53.06 feet to a point on the South right-of-way line of
S. E. 12th Street; thence due East along said South
right-of-way line, a distance of 96.15 feet to the POINT
OF BEGINNING; thence continue due East along said South
right-of-way line, a distance of 386.10 feet to a point
of intersection with the West right-of-way line of State
Road No. 5 (U. S. No. 1); thence Southwesterly along said
· West right-of-way line, being a curve to the left, having
a radius of 1179.28 feet, a central angle of 7°41'54", for
an arc distance of 159.65 feet; thence due West, a distance
of 315.38 feet; thence due North, a distance of 143 feet
to the POINT OF BEGINNING.
170-G
Page 2. Ordinance No. 35-70.
The South half of S. E. 12th Street lying East of the
East right'of-way line of Dixie Highway and West of
the West right-of-way line of State Road No. 5 (U.S.
Highway No. 1), more particularly described as the
North 53 feet of Sections 28 and 29, Township 46
South, Range 43 East, lying between the road rights-
of-way of State Road No. 5 and Dixie Highway.
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 ].and, and said lands are hereby declared to be
within the corporate limits of the City of Delray Beach, Florida.
SECTION 3, That the lands herein first above-described are here-
by declared to be in Zoning District C-2 as defined by existing ordi-
nances of the City of Delray Beach, Florida.
SECTION 4. That the lands hereinabove described shall immediate-
ly become subject to all of the franchises, privileges, immunities,
debts, obligations, liabilities, ordinances and laws to which lands
in the City of Delray Beach are now or may be, and persons residing
thereon shall be deemed citizens of the City of Delray Beach.
SECTIO~ 5. That if any' word, phrase, clause, sentence or part
of this Ordinance shall be declared illegal by a court of competent
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 12th day of October , 1970.
/S/ J: L: Saunder.s. .....
MAYOR
ATTEST
/S/ Hallie E. Yates
City Clerk
First Reading SeDtember 28. _1970
Second Reading October 12. 1970