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02-24-69 ,37 FEBRUARY 24, 1969. A regular meeting of the City Council of ~elray Beach was held in the Council Chambers at 8:00 P.M., with Mayor J. L. Saunders in the Chair, City Manager David M. Gatchel, City Attorney G. Robert Fellows, and Councilmen John L. Pitts, III, James H. Scheifley, James B. Wilson and O. F. YOungbloodbeing present. 1. An opening prayer was delivered by the Rev. W. Arthur Spruill. 2. The Pledge of Allegiance to the Flag of the United States of 3. The minutes of the regular COuncil meeting of February 10, 1969, were unanimously.approved, on motion by Mr. Wilson and seconded by Mr. Youngblood. 5. Mr. Youngblood reported a complaint he received from Attorney I. C. Smith regarding trash and garbage pick-up, and said item was referred to the City Manager. 6.a. ConcerningCambronConstruction Company's contract for the South- east Area Sewage Works Project, CityManager Gatchel presented Supple- mental Agreement No. 5 containing a change order and having to do with some minor changes in the force main iines, a change in the depth of the Lift Station in the Tropic Isle vicinity, and a change in the meth- od of construction of a manhole, resulting in a net saving to the City of $388.50. He said this had been engineered by the Consulting Engi- neers,'Russell & Axon, and it is recommended this Supplemental Agree- ment No. 5 be approved. It was so moved by Mr. Wilson, seconded by Mr. Pitts and unanimously carried, (Copy of said Supplemental Agreement.No~ $ to ~he contract of Cambron See pg. Construction Company is attached to the official copy of these minu~es~ 42A-B. 6.b. The City Manager informed Council that Lots i and 2, Block 8, Rosemont Park Subdivision, located at 701 $. W. 8th AVenue, and improve- ments thereon, are offered to the City, unfurnished, for the sum of $12,000 in the event the City may desire same Since it is directly across the street from the City Cemetery. Following discussion, Mr. Pitts moved that the City not consider the offer, the motion being seconded by Mr. Wilson and unanimously carried. Mayor Saunders asked that a letterbe written toM rs. Barker thank- ing her for the offer and informing her of Council action concerning same. 7.ac The City Clerkreported that the Delray Beach Jaycees, through Mr. Gerry Bateman, request the use of .the City Park facilities,~East Atlantic Avenue, between 9:00 A.M., and 5:00 P.M. on Saturday, April 26th; also between 12:00 noon and 5:00 P.M. on Sunday, April 27th, 1969, for the purpose of conducting a "FUNDAY" for the children. Further, such usage of the park and its facilities has been determined not to be in Conflict with any scheduled program thereat, and, with the concurring approval of the Recreation Director, Mr. Elliott, it is recommended that the petition be granted. Mr. Scheifley moved that said request be granted, the motion being seconded by Mr. Pitts. The City Manager informed Council that it is the desire of the Jaycees to locate a merry-go-round on the parking lot in the Park as a part of their Fun Day activities, and hebelieves that Council should also give approval of the use of that piece of equipment, if it is their desire. Mr. Scheifley amended his motion to include permission being given for that temporary use of a merry-go-round, it also being acceptable to Mr. Pitts, and upon call of roll, the motion carried unanimously. 7.b. Regarding a petition of Palm Beach County for an Easement Deed through Tropic Palms Subd~viSion,. City Clerk ~rthing reported to Council as follows ~ "The County of Palm Beach, through its Right-Of-Way Agent's office, requests the City of 'Delray Beach to Quit-Claim any right, t:itle or interest to a forty foot wide strip through certain rights-of-way in Tropic Palms Subdivision. This 40 foot strip, in part, is that por- tion of land lying 20 feet each side of the centerline of Whippoorwill Road and Melban and Hungerford Canals as appear on Plats 2, 3 and 4 of Tropic Palms, as well as extending through the Lake as appears on said Plat 4. This easement extends from S. W. 12~h Street southerly, through 'the above described areas, to the C-15 Canal, and is for the purpose of providing the County with a Drainage. Easement, should it be needed in the future for a drainage outfall in ~conjunction with the County's proposed improvement of said S. W. 12th Street, its westerly and east~ erly extensions to Military Tra~l~ and AIA respectively, in relation to the proposed Bridge crossing of the Intracoastal waterway. This Deed, copy of which was attached to the agenda, was prepare~ by the Countyes Right-of-Way Agent, approved by the City Attorney, and authorization for its execution, by the proper City officials, is recommended." Authorization for execution of said Ouit Claim Deed was unanimously granted, on motion by Mr. Scheifley and seconded by Mr. Wilson. 8.a. The City Clerk presented ORDINANCE NO. 5-69. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO TBE CITY OF DELRAY BKACH CERTAIN LAND, NAMELY LOT 3, SECOND ADDITION TO HIGH ACRES, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY~ R~DEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND~ PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND~ AND PROVIDING FOR THE ZONING THEREOF. 425 N. W. 18th Street (Copy of Ordi~ance No. 5-69 is attached to the official copy of these minutes.) See page 42-c. A public hearing having been legally advertised in compliance w~th 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. 5-69, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Scheifley and seconded by Mr. Wilson. 8.b. City Clerk Worthing presented ORDINANCE NO. 6-69. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DEIA~AY BEACH CERTAIN LAND LOCATED IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY~ REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND~ PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAiD LAND~ AND PROVIDING FOR THE ZONING THEREOF. 826 North Andrews Avenue (Copy of Ordinance NO. 6-69 is attached to the official copy of these m~nutes.) See page 42-D. A public hearing having been legally advertised in compliance with the laws of the State of Florida and the ChaL~cer of the City of Delray Beach was held, and there being no objection to Ordinance No. 6-69, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Youngblood and seconded by Mr. Wilson. -2- 2-24-69 8.c, The City Clerk presented ORDINANCE NO. 7-69. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, N~MELY TRACT 4-A, REPLAT OF A PORTION OF HIDDEN VALLEY - SECTION TWO, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY~ REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND~ PRO- VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND~. AND PROVIDING FOR THE ZONING THEREOF. Ordinance No. 7-69 was unanimously placed on first reading, on motion by Mr. Wilson and seconded by Mr. Scheifley. 8.d. City Clerk Worthing presented ORDINANCE NO. 8-69. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 5, ARTICLE II', OF THE CODE OF ORDINANCES OF SAID CITY MAKING IT UNLAWFUL FOR ANY INDIVIDUAL OWNING OR CONTROLLING ANY DOG TO ALLOW OR PERMIT SUCH DOG TO ENTER UPON THE PROPERTY OF ANOTHER AND DAMAGE SUCH PROPERTY. Mr. Youngblood asked how the law provided for in this ordinance would be enforced? City Attorney FellOws said this ordinanue would have to be enforced by the property owner7 that it is not set up for police enforcement because of the amount of proof that has to be established to get a con- victi~n. Ordinance No. 8-69 was unanimously placed on first reading, on motion by Mr. Youngblood and seconded by Mr. Wilson. 8.e. The City Clerk presented ORDINANCE NO. 9-69. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOT 5, BLOCK 5, AMENDED PLAT OF LAKE IDA. GARDENS, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY~ REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND~ PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND~ AND PROVIDING FOR THE ZONING THEREOF.~ 1012 N. W. 5th Avenue Ordinance No. 9-69` was unanimously placed on first reading, on motion by Mr. Scheifley and seconded by Mr. Wilson. 8.f. City Clerk Worth~ng presented ORDINANCE NO. 10-69. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING THAT PART OF LOT FOUR LYING EAST OF THE CENTER LINE OF N, E. 7TH AVENUE IF EXTENDED NORTH, AND WEST OF WEST RIGHT-OF-WAY LINE OF N. E. 8TH AVENUE, SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, FLORIDA, IN "RMv1 MULTIPLE FAMILY DWELLING DISTRICT", AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1960". Ordinance No. 10-69' was unanimoulsy placed on first r~ading, on motion by Mr. Scheifley and seconded by Mr. Wilson. 8.g. City Clerk Worthing presented ORDINANCE NO. 11-69. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING AND/OR REPEALING VARIOUS SEC- TIONS OF CHAPTER 29 OF THE CODE OF ORDINANCES OF SAID CITY PERTAINING TO REGULATIONS AFFECTING ALL ZONING DISTRICTS WITHIN DELRAY BEACH, FLORIDA. ~-24-69 Ordinance No. 11-69 was unanimously placed on frist reading, on motion by Mr. Youngblood and seconded by Mr. WilSon. 8.h. The City Clerk presented ORDINANCE NO. 12-69. AN ORDINANCE RELATING TO~ZONING~ AMENDING C~APTER 29 OF THE CODE OF ORDINANCES OF T~E CITY OF DELRAY BEACH BY CREATING AND ESTABLISHING A NEW USE 'DISTRICT TO BE KNOWN AS "RM'iA - MULTIPLE FAMILY DWELLING DISTRICT" AND PRESCRIBING THE USES PERMITTED THEREIN. Ordinance No. 12-69 was unanimously placed on first reading, on motion by Mr. Scheifley and seconded by Mr. YoungbloOd. 8.i. The City Clerk presented ORDINANCE NO. 13-69. AN ORDINANCE RELATING TO ZONING; AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF T~E CITY OF DELRAY BEACH BY CREATING AND ESTABLISHING A NEW USE DISTRICT TO BE KNOWN AS "RM-2 - MULTIPLE FAMILY DWELLING DISTRICT" AND PRESCRIBING THE USES PERMITTED THEREIN. Ordinance No. 13-69 was unanimously placed on first reading, on motion by Mr. Wilson and seconded by Mr. Youngblood. 8.j. City Clerk Worthing presented ORDINANCE NO. 14-69. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 21-6 (e), CHAPTER 21, CODE OF ORDINANCES OF THE CITY OF DELRAY. BEACH, FLORIDA, AS HEREIN AFTER PROVIDED. Ordinance No. 14-69 was unanimously placed on first reading, on motion by Mr. Wilson and seconded by Mr. Youngblood. 9.a. The City Clerk reported that in compliance with Council direc- t' tire at its last regular mee lng, the City Attorney~ has reviewed all available .data heretofore created concerning identity of lots and par- cels of land' fronting on the ocean .and/or Intracoastal Waterway, and as a result thereof, the Attorney's report concerning such identified lands was presented to council with the agenda, the closing paragraph of said report being as follows: "In considering the factors above, it is my opinion~ that 'lots fronting the ocean or Intracoastal Waterway' include lots abut- ting AiA and lying west of the public beach, between Beach. Drive and Casuarina Road and all other lots which have property lines abutting the ocean or the Intracoastal Waterway." 9.b. City Clerk Worthing reported that at the last regular meeting, Council deferred action on the Planning Board's report of February 7th relative to Site Plan approval for development of multiple family dwelling construction on the property described, in the Board's report, which, in part, reads as follows: "At an open meeting held on February 5th, at 8:15 P.M., the Board considered a petition for Site. Plan Approval in an R-3 Multiple Family Dwelling District on: The South 14.1 feet of Lot 11, all of Lots 12, 13 and 14, the South 100 feet of Lots 15 thru 32 incl., and the South 100 feet of Lot 33 less the West 20 feet, ASBURY PARK HEIGHTS, located at 250 South Ocean Boulevard, Delray Beach. Six members voted to recommend the Council grant approval to the Site Plan in compliance with Section 29-7.5% of the Delray Beach Code of Ordinances and requested the developer restudy the parking. Mr. Andrew Gent dissented." -4- 2-24-69 Mr. Youngblood mOved that the above mentioned Site Plan be approved in sustaining the Planning and Zoning Board's~recommendation, the mo- tion being seconded by Mr. Wilson. The City Clerk read letters addressed to MayorSaunders from Davis Merwin, 1109 Harbor Drive; Mrs. Philip Stevenson, Nassau Street; Mr. & Mrs. Arthur N. Brooks of Brook-Haven Apartments; and the Orchid Garden Club of Delray Beach, opposing this Site Plan and high-rise buildings. Following discussion by Council and comments by various people in the audience, and upon call of roll on the motion that said Site Plan be approved, Mr. Wilson and Mr. ¥oungblood voted in favor of the mo? tion, Mr. Pitts and Mr. Scheifley were opposed and Mayor Saunders abstained from voting. The motion did not carry. 10.a. Mr. Deyo Clelland, addressing the Council, again criticized the design, engineering and construction of the Revetment Wall at the Beach. 10.a. Mr. Pleaze Lamons, 324 S. W. llth Avenue, speaking as General Manager for the Senior Baseball Team of.Delray Beach;~asked-where their group could play-ball this year as the field at Teen Town Center is be- ing prepared for the juniors and softball. The City Manager explained that Delray Beach has never had, facili- ties for adult baseball, but it was the intent of Council, when the 'ad- ditional'lands were purchased adjacent to Sterling Field, that when the City could afford it', .that park would beexpandedto the size for adult baseball. Mr. Lamons was asked to contact Mr. E11iott~ Director of Parks and Recreation, concerning a possible location for adult baseball. lO.a. Mrs. Dorothea Montgomery asked that Council, in preparing the coming City Budget, allow for providing proper fire protection for people who live above a third-story, also to allow for providing sufficient water pressure to the residents. 10.a. Mr. John B. Ambrose, owner of Sudan Subdivision, asked Council for an extension of one year on an Agreement and cash bond that he has with the City concerning the improvement of Davis Road and other im- provements in that subdivision. During discussion, it' was pointed out that Davis ROad adjacent to Sudan Subdivision is 80 feet in width, and that said road narrows to 40 feet inwidth to the south with no possibility of obtaining addi- tional right-of-way; further, there are no funds in the budget for the improvement of Davis Road. The Council unanimously granted Mr. Ambrose an extension ofone year on his Agreement with the City concerning the improvements in Sudan Subdivision, on motion by Mro Pitts and seconded by Mr. Youngblood. 10.a. Mr. LeRoy W. Merritt announced that the Fourth Annual Delray Affair sponsored by the Chamber of Commerce would be held on March 28th and 29th, and requested that they would again receive the excellent cooperation of the Police Department and City Administration, also permission to use the sidewalks, the two parks (the City Park and Bon Aire Park), the Alley in the block back of Love's Rexall Drugs, Hand's Book Store and Van Sweden's for the Thieves Market, and that portion of N. E. 4th Avenue from Atlantic Avenue to the alley. Mr. Merritt said that subject to Council approval of said request, he would like to request a meeting with the City Manager in order to go over all the plans with him. The Councilmen expressed their agreement to granting the request made by Mr. Merritt on behalf of the Chamber of Commerce sponsored Delray Affair. 10.b. City Manager Gatchel informed Council of a request from the Frances J. Bright Woman's Club for use of the auditorium at the Com- munity Center on April llth, for the purpose of a Talent and Fashion Show. He said this is a group composed of teenagers and adults and that they desire to charge admission. Further, it had been the de/ire had requested a survey oft he events receiving Council approval in the past in which admission charges were made for such events. He said this survey goes back to 1965 during which time there were approximate- ly a dozen events wher~ admissionwas charged, and that he woul~ recom- mend the present request be granted, and that he Would also recommend consideration at a workshop meeting of Council Policy regarding admis- sion charging events and utilization of the Community Center. It was so move~ by Mr. Youngbloo~, seconded by Mr. Wilson and unanimously carried. 10.b. City Clerk Worthing read the Beautification Committee meeting minutes of February 12, 1969. 10.b. Concerning the cabanas on the grassed area at the Beach, Mr. Wilson suggested that any action by Council be deferred until a later date. 10.b. A resident of Tropic Isle subdivision asked Council if there had been any consideration given to moving the City Sanitary Land Fill as when there is a west wind it makes a very unsatisfactory condition .in their area. Mayor Saunders reported there had been consideration given to several other sites but nothing had materialized; further, the City is now in. the process of getting information on an incinerator and there may be some relief from that situation in the not too distant future. 10.b. City Attorney Fellows gave Council a status report on the Manalapan pumping situation; also on the City beach property contract with Mr. Parker. He said that if the City has not heard from Mr. Parker by Thursday of this week he would like Council permission to write a letter to Mr. Parker to provide for establishing a period of time within which the of.~urchase of the Cxty owned tract of land had to be exe- Agreement cuted. 'Tha~'~ermission- was agreed upon by Council. 10.b. Mr. Wilson requested a clarification of interpretation and effect of.~.an "abstaining vote" from the City Attorney. 10~c. City Clerk Worthing presented Bills for Approval as follows: General Fund $ 109,811.04 Water Revenue Fund 20,000.00 Water Operating & Maintenance Fund 6,762.53 Capital Improvements Construction Fund 16,112.86 Sewer Construction Loan Fund - First Federal Savings &Loan of Miami 38,779.09 The bills were unanimously approved for payment, on motion by Mr. Youngblood and seconded by Mr. Wilson. The meeting adjourned at 10:22 P.M. -6- 2-24-69 42-A CITY OF DELl{AY, BEACH PALM BEACH COUNTY, FLO[XIDA PROIECT NUMBER 5964-80 SOUTHEAST AREA SUPPLEMENTAL AGREEMENT NO. 5 CHANGE ORDER This agreement entered into this 24th day of February, 1969 ;' by anCl between the City of Delray Beach, Palm Beach, County, Florida, as party~of the FIRST part, and Cambron Construction Company, Inc., as party of the SECOND part, as being a supplement to a certain Contract by and between the parties aforesaid, dated the 18th day of ~une, 1968, for the construction of Sewage Works Project in the Southeast Area of the _~ Gity of Delray Beach, Palm Beach County, Florida. V~fTNESSETH: I. W~{EREAS, the party of the FIRST part desires to raise the ele- . ration of the entire length of La.~eral 33-A and its south terminal manhole to an elevation approximately two and a half feet above the elevation shown on the construction plans, and, WHEREAS, the party of the SECOND part has agreed to a reduc- tion in the estimated cost of $388.50 for such change in elevation, and has so stated in a letter dated February 10, 1969,~ and, II. W/~EREAS, the party of the SECOND part desires to change the construction method of the wetwell for Lift Station No. 33 in Tropic Isles, 'in order to conform more closely to standard construction methods of said party of the SECOND part, at no change in cost, as proposed in a lette~ from said party dated February 10, 1969, and, III. VfHEREAS, the party of the SECOi~D part desices to raise the foundation elevation of Lift Station No. 33 a distance of one foot above the design elevation, due to costly construction procedures caused by hazardous subsurface water conditions at the site, compensating therefor by increasing the wetwell diameter one half foot, at no change in cost, as proposed in a letter from .said party dated February 10, 1969, and, IV. WHEREAS, the approved design for the proposed revisions des- cribed in I, II, and III above, have been prepared by Russell & Axon, Consulting Engineers, and will be shown on the contract as-built drawings, and, V.' WHEREAS, the party of the SECOND part agrees to the revisions indicated herein, furnishing all necessary labor, material and supplies at the total estimated saving of $388.50, said amount to be verified or modi- fied in accordance with final construction measurements. THEREFO~XE, it is further agreed and understood by both parties hereto that the Contract time will not be extended and that this Change Order shall not alter in any manner the force and effect of the original con- tract dated June 19, 1968. Any supplements thereto, nor the extension of time authorized by the City Council of the City of Delray Beach on January 9.7, 1969, and the same shall stand in full force and effect in all respects except as amended by this Agreement. 42--B Recommended for ApProval: RUSSELL & AXON CAMBRON CONSTRUCTION CONSULTING ENGINEERS, INC. COMPANY, INC. Project Engineer\ '' //~'~resident ACCEPTED BY Approved as to form: CITY OF DELRAY BEACH City Attorney ~/ Mayor By. City Manager City Cl~r?~ ~-... 42-C ORDINANCE NO. 5-69. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, NAMELY LOT 3, SEC- OND ADDITION TO HIGH ACRES, WHICH LAND IS CON- TIGUOUS 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 LAND; AND PROVIDING FOR THE ZONING THEREOF. WHEREAS, WALTER' S. HORNE and NELL M.HORNE (his wife) are the fee simple owners of the property hereinafter described, a~d WHE~S, WALTER S. HORNE and NELL M. HORNE (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 authorized to annex lands in accordance with Section 185.1 of the City Charter of said City granted to it by the State of Florida~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. ~%at the 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 lies contiguous to said City, to-wit: That tract of land, namely Lot 3, Second Addition to High Acres, per Plat Book 23, Page 37, 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 described tract of land and said land is hereby declared to be with- in the corporate limits of the City of Delray Beach, Florida. SECTION 3'. 'That the tract of land hereinabove described is hereby declared to be in Zoning District R-1AA, as defined by exist- ing.ordinances of the City of Delray Beach, Fl°rida. SECTION 4. That the land. 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. SECTION 5. That if any word, phrase, clause, sentence or part of this ordinance shall be declared illegal by a court of competent ju- risdiction, such record of illegality shall in no way affect the re- maining portion. PASSED in regular session on the second and final reading on the 24th day of February , 1969. ~$/J ? . n .... S..~Un~e~s ATTEST: M A Y O R /S/ R. D..Wo.rthi.n~ City Clerk First Reading F~Tuary 10, ~969 Second Reading February 24, 1969 ........ 42-D ORDINANCE NO. 6-69. AN OlqDINANCE OF TI'IE CITY COUNCIL OF THE CiTY OF DELRAY BF, AC/-I, FLORae)A, ANNEXING TO T]~ CiTY OF DELRAY BEACH CERTAIN LAND LOCATED IN;: SECTION 9, TOWNSHIP 46 SOUTH, RAN~ 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; R~DEFINING TH~ BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. WHEREAS, RICHARD L. CAMP and DOROTHY E. CAMP (his wife) are the fee simple owners of the property hereinafter described, and WHEREAS, RICHARD L. CAMP and DOROTHY E. CAMP (his wife), by their petition, have consented and given permission for the annex- ation of said property by the City of Delray Beach, and WHEREAS, the City of Delray Beach has heretofore been au- thorized to annex lands in accordance with Section 185.1 of the City Charter of said City granted to it by the State of Florida; NOW,'THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the City Council of the City of Delray Beach, Palm BeaCh County, Florida, hereby annexes to said City the following described tract of Land located in Palm Beach County, Florida, which lies contiguous to said City, to-wit: The South 50 feet of North 129.4 feet of East 133 feet of Lot 25, Model Land Company's S/D of Section 9, Township 46 South, Range 43 East, .according to pLat thereof recorded in Plat Book 8, page 40 of the Public Records of Palm Beach County, Florida. SECTION 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein the above de- scribed tract of land, and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. That the tract of land hereinabove described is hereby declared to be in Zoning District R-1AA as defined by existing ordinances of the City of DelrayBeach, Florida. SECTION 4. That the lands hereinahove described shall im- mediately become subject to all of the. franchises, privileges, munities, debts (except the existing Bonded indebtedness), obliga- tions, liabilities, ordinances and laws to which land~ in the City of Delray Beach are now or may be, and persons residing thereon shall be deemed citizens of the City of Delray Beach. SECTION 5. That if any word, phrase, clause, sentence or part of this ordinance shall be declared illegal by a court of com- petent jurisdiction, such record of illegality shall in no way affect the remaining portion. PASSED in regula~ session on the second and final reading on the 24th day of FebruarY , 1969. /S/ J..L. Saun4ers ATTEST: M A Y O R ./S/ R? D. ~orthing City Clerk Firs~.Reading i~,gb~uary .10,..!969 SeCondi·R~.eading .~...uarv 24. 1969