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12-14-70 DECEMBER 14, 1970. 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. Bldon 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. The Lord's Prayer was repeated. 2. The Pledge of Allegiance to the Flag of the United States of America was given. 3. The minutes of the regular meeting of November 23 and the special meeting of December 3 1970 were unanimously approved, on motion by Mr. Pitts and seconded by Mr. Youngblood. 5. Mrs. Martin expressed her appreciation for the way the people at- tended and supported the Chamber of Commerce Old-Fashioned Christmas parade. 5. Mr. Pitts said that he is quite happy that Mr. Leon Weekes will be on the Council soon and that he has a lot of confidence in him do- ing a good job. Mr. Pitts commented on the Master Plan questionnaire, which is going out to the pub~,ic now. He said if the Council feels that some changes should be made in the Master Plan, they have the prerogative to make the changes and that he hopes Council will take that into consideration when said Master Plan comes before Council for final approval. 5. Mr. Scheifley reported that the Palm Beach County Municipal League held its monthlymeeting, Friday, December 11, in West Palm Beach and that said meeting will be televised on. Channel 8 in West Palm Beach Tuesday night; in Riviera Beach Wednesday night; and in Lake Worth Thursday night through Cable T.V. He said this will be one of the many fringe benefits if the City does get Cable T.V. 5. Mayor Saunders presented the following letter from the City Employees: "We would like to take this opportunity to express our appreciation to you, as well as to Mr. Mariott, for the Christmas bonuses you have granted us. These will make Christmas more enjoyable for all of us, and we are most grateful for your thoughtfulness and cons ider at ion. with best wishes for a happy holiday season and a suc- cessful New Year, we are," 5. Mayor Saunders introduced Councilman-elect Leon M. Weekes. 6.a. City Manager Mariott informed Council that as a result of numer- ous requests from residents for a traffic light at the intersection of N. E. 8th Street and A1A, the Department of Transportation was ask- ed to make a survey of traffic in that area and said survey reflected that a traffic signal at that location is warranted. He recommended that Council authorize said installation, estimated cost ~f which is $4,000, and said that funds are available in the current Traffic Engineering Budget. Said authorization for installation of traffic signals at N. E. 8th Street and AIA was unanimously granted on .motion by Mr. Pitts and seconded by Mrs. Martin. 6.b. Regarding the appointment of a Civil Defense Director to replace the former City Manager who served in this capacity, Mr. Pitts moved that City Manager Mariott be appointed as the Civil Defense Director, the motion being seconded by Mr. ¥oungblood and unanimously carried. 6.c. The City Manager reported that at its regular meeting of June 8, 1970, Council considered a report from the Planning and Zoning Board concerning a request for rezoning of a 10-acre tract of land located in Section 17-46-43 and lying between S. W. 2nd and 3rd Streets and S. W. 8th and 10th Avenues, from R-1 to RM-1 zoning classification. He said the Board recommended denial of said request as it was their opinion that there is sufficient multiple family zoned land in the City and that the residents of the immediate area objected to said rezoning; further, Council tabled said request for six months, which time has expired. Said request for rezoning Was unanimously tabled for another ~ix months, on motion by Mr. scheifley and seconded by Mr. Pitts. 6.d. Regarding consideration, for authorizing Russell & Axon, Consult- ing Engineers, to make a feasibility study relative tO 'the possible purchase of Southern Gulf Utilities' water and sewer Systems in Delray Shores Subdivision, the City Manager reported that the fee to Russell & Axon would be $3,500, including the ~500 fee for the preliminary study submitted to the City under date of OctOber, 1970. Further, ap- proval of. said study is recommended and funds to cover cost of same should be taken from the Water and Sewer ..Contingency Account. AuthoriZation of said feasibility study to be. made by Russell & Axon, and funds to cover cost of same, as recomme~ed, was unanimously granted on motion by Mr. ¥oungbloOd and seconded b~ Mr. Pitts. 6.e. Concerning ~emoving the parkin~ time limit from City Parking lots, City Manager Mariott recommended that the time limit be removed from all lots with the exception of the parking lot immediately North of Love's Rexall on N. E. 4th Avenue, this excePtiOn being due to the fact that said lot is small and is in a location where it has use and is full most of the time. Further, the. Chamber of Commerce and repre- sentatives of. the business co~%~unity have asked tha~ the time limit not be removed at this time on that lot. : Mrs. Martin moved that the parking time limit be removed from all C~ty parking lots with the exception of the lot to the immediate South of the Delray Beach News Journal office on N. E. 4th Avenue. The motion was seconded by Mr. Pitts and unanimously carried. 6.f. The City Manager was directed to prepare specifications for tak- ing of the bids of the non-exclusive Cable TV franchise, 'approved by Straw Vote at the December 1 General Election, on. motion by Mrs. Martin and seconded by Mr. ¥oungblood and unanimously carried. 6.g. Concerning authorization for installation of sprinkler system and sod on the North Beach, the City Manager rePOrted that said instal-' lation would be between A1A and the revetment. He recommended ap- proval of same, at an estimated cost of $5,000 with said funds to be taken from the Disaster Fund. Mr. Scheifley moved to grant said authorization as recommended, the motion being seconded by Mr. ¥oungblood and unanimously carried. 6.h. The City Manager reported that the Delray Beach Tennis Associa- tion has recommended that non-resident tennis membership dues be in- creased, effective February 1, 1971, as follows, and that the adminis- tration concurs with the Association's recommendation. "FROM TO Annual ~ ~. Family $45. $60. Individual 30. 401 -2- 12-14-70 :'195 FROM TO Monthly: Family * $20. · No established fee presently." The rates as recommended were unanimously approved, on motion by Mr. Scheifley and seconded by MrS' Pitts.' 7.a. The City Manager informed Council that a request has been re- ceived from the Migrant Teens Club for use of the Community Center gymnasium on Sunday, December 20, between the hours of 7:30 and 10:30 P.M., for the purpose of holding a Christmas Cantata; further, the Director of Parks and Recreation having advised that such usage of the Center's facilities will not conflict with existing prograrm~ing, he recommended said request be granted. Said request was unanimously granted, on ~motion by Mr. Youngblood and seconded by Mrs. Martin. 7.b. City Manager Mariott informed Council that a request has been received from Mr. Roger Zona, Regional Director of Bari-Service, a French firm, for annexation of a 275-acre tract of land located East of Barwick Road and in the general area of Lake Ida Road in Section 12-46-42. He said that Bati-Service proposes to develop this land, with a R-lA zoning classification, as a low density single family residential subdivision with conditional use area to include a park, golf course and other r~creational facilities, as well as a neighbor- hood convenience center, and reCOmmended that said request be referred to the Planning and ~Zoning Board for further study and a recommenda- t ion. Representat.~ves of Bati-Service were present and displayed sketches of their proPOsed development.' Said request for annexation was unanimously referred to the Plan- ning and Zoning Board for study and recommendation~ on motion by Mr. Scheifley and seconded by Mr. Youngblood. 7.c. The City Manager informed Council that a request has been re- ceived from Mr... Lester Welch of L & G 'Promotions for use of .the Com- munity Center's gymnasium for any time available one day per week for 12 weeks to stage wrestling matches; and inasumch as this is a com- mercial activity, which is in conflict with council's .policy concern- ing the use of the Center, it is reuo~nended 'that the, request be de- nied. Said request, was unanimously denied, on motion by Mr. Pitts and seconded by Mrs. Martin, 7.d. City Manager Mariott reported .that an application has been sub- mitted by Mr. Joe Potts, Jr., for a license to sell beer, for consump- tion on the premise, s, at his business known as. "Potts' Restaurant", located at 423 West Atlantic Avenue. He said the applic.ant has been investigated in the prescribed manner and approved by the Police De- partment and meets all 'the req.~i.r~ments set forth in Section 4-24 of the Code of ordinances and recommended, that the request be .granted. Said request was unanimously granted, -on motion by Mr. Scheifley and seconded by Mr. Youngblood. 7.e. The City Manager reported ~that the City Council, at its regular meeting on April 13., 1970, denied a request from the Yellow Cab Company for a Certificate of Public Conven'ience and Necessity and agreed that no new requests would be considered prior to December I; 1970, in order that the existing cab companies might have sufficient time to improve their' service' and equipment. He.presented an application from Mr. Harry A. Miller, President of Yellow Cab company, for a Certificate of ~P.ublic Convenience and Necessity to operate four taxicabs in the City, and in agreement with council discussion at its December 9 workshop meetingl recommended that -3- 12-14-70 a public hearing be held on said request at the next regular meeting on December 28. Said Public Hearing was unanimously scheduled to be hetd on December 28, on'motion by Mr. Pitts and seconded by Mr. Scheifley. 7.f. The City Manager informed Council that Mrs. Thelma A. Priest has submitted a statement acknowledging having lost the. following listed Tax Sale Certificates and requests issuance of duplicate certificates = "Tax Sale Certificate No. 13332,' assigned to Thelma A. Priest on March 25, 1948, for the 1945 ad valorem tax on Lot 12, Block 6, Atlantic Gardens, dated June' 4, 1946. Tax Sale Certificate No. 65, assigned to Thelma A. Priest on March 25, 1948, for the 1946 ad valorem tax on Lot 12, Block 6, Atlantic Gardens, dated June 9, 1947." \ He.said that .Council may authorize issuance of such duplicate Certificates in accordance with provisions of Section 95 of the City Charter. Mr. Pitts moved to grant the request for issuance Of duplicate tax sale certificates, the motion being seconded by Mrs. Martin and unanimous ly cart led. 7.g. City Manager Mariott reported ~hat a petition has been receivea from the residents of N. W. 22nd Court requesting that the name of said street be changed to Lake Eden Way. He said that after investiga- tion of the request, it is felt that the proposed name chal~ge would create a "hidden street", and having no intersection with a major or through street would probably be extremely difficult to locate in case of emergency. He recommended that the Petition either be denied or referred to the Planning and 7oning Board for study and recommendation. After discussion, said request was unanimouslY referred to the Planning and Zoning Board, on motion by Mr. Youngblood and seconded by Mr. Scheifley. 8.a. The City Manager presented RESOLUTION NO. 72'70. 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 IN- CURRED 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 REPORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 72-70 and attached asseesments'~.are at- tached'to the official copy of these minutes.) See pages 200-A-B. Resolution No. 72-70 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 ORDINANCE NO. 41-70. AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 16, SECTIONS (32) AND (55) PER- TAINING TO LICENSE FEES FOR BANKS AND SAVINGS AND LOAN ASSOCIATIONS. (Copy of Ordinance No. 41-70 is attached to the official copy of these minutes.) See page 200-C. A Public Hearing having been legally advertised in compliance with the laws-of the State. of Floriaa and the Charter of the City of Delray Beach was held, ~and, there being no objection to Ordinance. .... -4- 12-14-70 197 No. 41-70, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. ¥oungblood and seconded by Mr. Pitts. 8oC. The City Manager presented ORDINANCE NO. 42-70. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PORTION OF $. w. 12th STREET. (Copy of Ordinance No. 42-70 is attached to the official copy of these minutes.) See page 200-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. 42-70, 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. 43-70. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND LOCATED IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, AND REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND. (Copy of Ordinance NOo 43-70 is attached to the official copy of these minutes.) See page 200-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. 43-70, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mrs. Martin and seconded by Mr. Youngblood. 8.e. The City Manager presented ORDINANCE NO. 45-70. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE CREATION OF A FEE OR CHARGE TO BE KNOWN AS THE "INTERIM SERVICES AND FACILITIES FEE." Ordinance No. 45-70 was unanimously placed on first reading, on motion by Mrs. Martin and seconded by Mr. Pitts. 9.a. The City Manager reported that an application has been received from the Delray Beach Public Library Association, Inc., for permission to solicit funds by mail within the City during the period from March 1 through 15, 1971, and that following rev£ew of said application, the Solicitations Committee recommends approval of the request, with endorsement. Said request for solicitation of funds was unanimously granted, on motion by Mr. Scheifley and seconded by Mr. Pitts. lO.a. Mr. Ernest Schier commented on an article in the December 9 Sun-Sentinel newspaper concerning a concrete wall to be installed south of the present beach revetment~ which article was accompanied by a picture of City Manager Mariott. He also commented on an ar. ticle in the December 10 issue of that paper concerning Miami Beach receiving a large amount of money from the government for their beach, and said that. he feels the City of ~elray Beach should receive money from the government on its beach program. He said that he is very much in favor of sand nourishment, and commended the City Manager on the sand transfer work that was done recently by the City on the south portion of the public beach. The City Manager explained that the State, in its proposed con~ struction of a concrete wall south of the Beach Revetment, is not interested in spending money for improving the beach, but only for the protection of State Road A1A. i0.a. Mr. J. W. Dunbar, Secretary of the Beach Property Owners' Association, presented additional lists of names to be added to the petition he presented to Council on November 23 opposing the rezoning of the Delray Beach National Bank .property on Seabreeze Avenue, bring- ing the ~%~ber of names on the petition from approximately 600 to 1,100 He asked if this item could be brought before Council at the December 28 meeting and a decision be made on it. 10~.a. The City Manager reported that bids had been solicited for certain pieces of fire equipment, but that he is not ready at this time to make a recommendation concerning purchase of two Fire Pumpers. He reported that the following bids had been received on an 85- foot Elevating Platform: Snorkel Fire Equipment Company $90,672.00 Amer lean LaFrance . . $84,056.88 The City Manager informed Council that the equipment bid by American LaFrance does not meet the City specifications, and he reco.m- mended that the bid of Snorkel Fire Equipment Company in the amount of $90,672.00 be accepted. On motion by Mr. Youngblood and seconded by Mr. Pitts, the Council unanimously accepted the bid for the purchase of an 85-foot Elevat- ing Platform, as~ recomended' by~ the City Manager. 10.a. City Manager Mariott presented RESOLUTION NO. 73-70. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, DELRAY BEACH, FLORIDA, PER- TAINING TO THE AMENDMENT AND RESTATEMENT OF A RETIREMENT PLAN FOR CERTAIN EMPLOYEES OF THE CITY, AS SET FORTH IN RESOLUTION NO. 1489, AND PROVIDING FOR THE CONTINUATION .OF THE RE- TIREMENT TRUST SET FORTH IN RESOLUTION NO. 1489. (Copy of Resolution No. 73-70 is attached to the official copy of these minutes.) See pages 200-F-FFF. No. 73-70 was unanimously passed and adopted on this Resolution first and final reading, on motion by Mr. YoungblOod and seconded by' Mr. Pitts. 10.a. The City Manager reported that the Delray Beach Rocks, a member of the Gold Coast Football League, took. two League Championships last week at Boca Raton in the 80-pound and' 130-pound weights. The 80- pound team played Plantation and the 130-pound team. played Western Lauderdale. The City Manager commended the Athletic SupervisOr of the Parks and Recreation Department, Mr. Wmo Smith, and the teams for such good performance. 10.a. Mr. Scheifley informed Council that at the Palm Beach County League of Municipalities meeting held last Friday there was discussion concerning passing of a Resolution opposing a Federal Penal institu- tion in the eastern part of palm Beach County, but it had been indi- cated that it may be desired in the Glades area of the County. He -6~ 12-14-70 · 199 said that each City is being asked to decide before the next meeting of the Palm Beach County Municipal League meeting how they wish their representative to vote on such a Resolution. 10.a. Mayor Saunders reported that a letter had been received from the Department of Housing and Urban Development informing the City of approval of a Grant in the amount of $386,000 to assist in financing construction of the proposed Storm Drainage Project. lO.a. Mr. P{tts introduced Mr. Herbert Bernenko and recommended him for appointment as Chairman of the Financial Advisory Board, if he would accept such an appointment. · 10.a. Mr. George Aspinwall said that he was not talking for the Bank or the Beach Property OwnersL Association concerning the rezoning of the Delray Beach National Bank property that is under consideration by Council, but believes that the item should be acted on by Council at the next Council meeting. 10.b. Mr. Des Banfi asked Council to approve a license for him to operate a restuarant serving beer and wine at 53 S. E. 4th Avenue. He said that he desired to purchase the property at that location but had been informed there was not sufficient room to provide the required off-street parking for that type 'of business. Following discussion, Mr. Banfi was asked to contact t'he City Manager to see if some solution to the problem could be worked out. 10.c. The following Bills for Approval were unanimously approved for payment, on motion by Mr. Youngblood and seconded by Mr. Pitts. General Fund $273,788.17 Water Operating & Maintenance Fund 3,631.3'i Water ~Revenue Fund 3,000.00 Refundable Deposits Fund 94,000.00 Utilities Tax Revenue Fund 47,400.00 Cigarette Tax Fund 32,047.72 Capital Improvements Construction Fund 108,047.53 A benediction was given by Rev. G. Wo Phillips. The meeting adjourned at 8:40 P.M. HALLIE E. YATES City Clerk APPROVED: -7- 12-14-70 200-A RESOLUTION NO. 72-70. A RESOLUTION OF THE CITY COUNCIL' OF THE CITY 0ffi DELRAY BEACh, FLORiDA, ASSESSING COSTS FOR ABATING NUISANCES UPON ~3~RTASN LANDS LOCATED WITHIN SAID CITY; SETTING OUT ACTUAL COSTS IN- CURRED BY SAID CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH. ABATEMENT OF SAID NUISANCES, AND DECLARIN~ SAID LEVY TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY REPORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA. WHEREAS, the~CityCouncil of the City of Delray Beach, did, in regu'lar./a~//O~/~session held on the ...10th. 4~¥ of. ~ucu~t..~.1970 .__ deulare the existence of a nuisance upon .certain l°ts or p~=&els O~ '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 Clefk 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 tn which the City Council would have it done, and the cost thereof would be levied as an assessmentagainst 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 rg~pective lots and parcels of land de- scribed in said report, of the sam~ nature and to the same extent as the~ien for general city taxes an~ shall be collectible in the same manner and with the same penaltieS'and under the ~ame provisions as to sale and foreclosure as city taxes'.aXe 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 th~cirCuit court in and for Palm Beach County, Florida, and shall furnish to each of the owners named in and upon said r~port a notice that the City Council of the City of Delray Beach, did, on ~he .... 10th day order the abatement of a certain nuisance existing 6n 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. PASSED AND ADOPTED in regular., session on the .... l~.~h., day of December ~ . , A.D. 19 70 . ATTEST: /~/ ~. L. Saunders /S/ Hallie E. Yates 200-B COST OF ABATING~NUISANCES ~DER ORDINANCE~O~,.~-i~7,.. PROPERTY DESCRIPTION OWNER ASSESSMENT Auqust 10, 1970 list. Lot 6, Block'25. Lela Taylor $135.00 Loti 38, Haller& Grootman's S/D. Einon A. & Winifred M. Koski $118.00 Lot 16, Block 46. Gilbert Small $.75.00 200-C ORDINANCE NO. ·41-70. ANORDINANCE OF THE CITY COUNCIL OF THE CITY OF ~DELRAY BEACH, FLORIDA, AMENDING :CHAPTER 16, SECTIONS (32')AND (55) PER- TAINING TOLICENSE FEES FOR BANKS AND SAVINGS .AND LOAN ASSOCIATIONS. ~WHEREAS, the Ci'ty Council of 'the City of Delray Beach, Florida,. in passi~g~Ordinance No. '1.6-70, failed to provide a lawful license tax for Banks and Savings and LOan Asso'cia- tions, and WHEREAS, Banks and Savings and Loan Associations shall .pay a license fee to the City for owning, using or transfer- 9ingtangible personal property; NOW,' THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Chapter 16, Section (32), Code of Ordinances of this City' be, and the same is hereby amended to read as follows: "(32) BANKS (NATION.AL..& ~STATE CHARTERED), SAVINGS AND LOAN ASSOCIATIONS (Per. Section 5219. Revised Statutes .12 U.S.Co 548) ., : -. $200.00" SECTION 2, ·..That chapter 16, Section (55), Code of Ordinances of this.City~, be, ~and: the same is hereby amended to read as 'follows: SS0cIATIoNs SECTioN 3' ' That"this Ordinance shali become effective immediately upon becoming a law. PasSed in regular sessiOn on this second and final read- lng on this 14th ,~day. of December , 1970. City Clerk '' 0vem 23 '~ First R~aaingI ~ ber · 1970 Second Readi'ng~9_~¢ej~ber 14.. 1970 200.D ' ORDINANCE NO. 42-70. ''AN.ORDINANC~ OF THE CIT~ COUNCXL'OF THE' CITY OF DELHAy BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A pORTION OF S. W. 12th STREET. WHEREAS, the City is authorized by Section 6A (4) of its Charter to annex any real property that is public or quasi- public located in the "Greater Delray BeaCh Area", which would not be subject to direct ad valorem taxes;land WHEREAS, S. W. 12th Street between Dixie Highway and Germantown Road is public or quasi-public real property and lies in the "Greater Delray Beach Area" and will not be~ubject to ad valorem tax by the City; and WHEREAS, the City has.acquired~rea~ property adjacent.to, ~ S, w. 12th Street between Dixie Highway and Germantown ROad; and WHEREAS, the City deems it necessary that the real prop- ertY, upon which a City fire station is to be erected, be annexed to the City; and WHEREAS, S. W. 12th Street between Dixie Highway and Germantown Road must be annexed in order for the fire station property to be adjacent to and contiguous to the existing limits of the City of Delray Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. The City Council of the City of Delray Beach hereby annexes the following described property to said City. That portion of S. W. 12th Street ly- ing .West of the East right-of-way line of Dixie HighWay and E&st of the East right-of-way line of Germantown Road, all being in Sections 20 and 29, Town- ship 46 South, Range 43 East. SECTION 2. The corporate' limits of this City are here-- by amended to include the aforedescribed property. PASSED AND ADOPTED in regular session on the'second and final reading on this the 14th day of December , 1970. ./.S/_J. L. Saunders MAYOR ATTEST: /S/ Ha.l~lie E. City Clerk First Reading November 23.. 197.0 Second Reading Decemb.er 14t,...1970 200-E ORDINANCE NO. 43-70. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND LOCATED IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID ~CITY, AND REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND. WHEREAS, the City of Delray Beach, A MuniciPal Corporation of the State of Florida, is the fee simple owner of the property here- inafter described, and WHEREAS, the City of Delray Beach has heretofore been author- ized 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 ~he 'City Council of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the follow- ing described tract of land located in Palm Beach County, Florida, which l£ee .contiguous to,said City, to-wit: The East 150 feet of the West 499 feet of the South Half of Lot 8, except the South 53 feet right-of-way for S. W. 12th Street, according to the plat of Section 20, Township 46 South, Range 43 East, recorded in Plat Book 1, Page 4, Palm Beach County, Florida's Public Records. SECTION 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein the above described 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 land herein above 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 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 remaining portion. affect the PASSED in regular session on the second and final reading on this the 14th 'day of December , 1970. ~S/, 4-,~-,Sau,nders MAYOR ATTEST: /S/ Hallie E. Yates .... ...... City Clefk First Reading .No~em.b~r 2.3~.; 1,970 ....... Second Readin~ ...December !4~" 1970 .. ~ 200-F EXHIBIT A RETIREmeNT PLAN FOR EMPLOYEES' OF THE CITY OF DELRAY BEACH As Amended and Restated Effective January 1~ 1971,, City of pelray Beach Delta7 Beac~ Florida