03-24-69 I~.~RL'~ 24, 1969.
A reg~]r~ar meeting o~ the City Council of De]~ay ~eac~ ~ he~ ~n
~e ~un=i~ ~a~e~. at 8=00 ~.~., w~ ~y~ ~. ~. Sau~e~; in the
~air, City ~nager David M. Gatchel, City attorney ~. Robert Fellows,
and ~cilmen John L. Pitts, III, James H. Scheifley, ~ames B.
Wilson and O. F. Youngbl~ being present. --
1. An opening prayer was delivered by the Rev. J. R. Evans.
2. ~e Pledge of Allegiance to the Flag of the United States of
America ~s given.
3. ~e minutes of ~e regular Council meeting of ~rch 10, 1969, were
unani~usly approved, on motion by ~. wilson and seconde~ by ~.
Yo~gbl~.
4. City Clerk Worthing read ~e ~ollowing letter from ~e First Baptist
~urch, si~ed by its ~stor, '~rl E. Story, and dated ~rch 19, 1969:
"Since the ARI~RS represent ~e finest you~ ~ey desire
~e coo~ration of the City in taking the message of Pa~iot-
ism and Spiritual renew1 to ~e Buffalo Area ~ July of 1969.
They are =e~esting ~a City ~ant them ~ appo~tment as
a~assadors to Buffalo, officially representing Delray ~ach,
Florida."
~e City Clerk cit~ an instance in April, 1965, ~hen ~e ~cil
appointed ~. Ed Wallnau, an Honorary Citizen of ~lray Beach, as the
Official ~assador of the City of Delray Beach ~ ~e ~rld's Fair
in New York: also, in July, 1967, when Cocci1 desi~at~ Miss ~rol
Rick, a ~acrest High Sch~l graduate ~o planne~ to atten~
classes at the ~i~rsity of Stra~ourg, Alsace ~rra~e, France, as
~e Council's ~odwill A~assador to convey ~e ti21e o~ Honor~
Mawr of Delray Beach upon the ~yor of Strasbo~g.
~. Wilson moved ~at the A~SERS be appointed as O~ficial A~as-
sadors from ~e City of Delray Beach to Buffalo, the motion being
secon~d by ~. Youngblood and ~animouely carried.
5. ~. Pitt~ as~ if the City ~nager ~uld investigate the feasi-
bility of having the nor~bo~d traffic travel ~ach. ~ive instead
Sea Spray Avenue.
5. ~. Scheifley said he thins many of the proble~ of a City ara
d~ to ~e lack of foresight of Council. He referred to the report
on the ~ster Plan of ~e ~ater and Se~r System E~ansion, and par-
ticularly to ~e following excerpt from that report: "~e c~nversion
of sea water should and will be one of ~e ~thods of ~ter supply and
possibly the latest source o~ supply for the State of Florida."
Scheifley re~ested that, so, time in ~e ~ar future, the City ~n-
ager arrange for a ~alified e~ert to gl e ~cil a dis~rtation on
~e pros and cons of the desal-~ization of sea ~ter.
~ ~. ~gblo~ said he ha~ Just been info~ ~at t~ or ~ree
hundred Carver High School student demonstrator:s ha~ been at the City
hll just after noon today, and a~ed if the Ad~nistration ~uld li~
for h~ to look into ~e matter to dete~ine why ~e demonstration
at the City ~11, as it ~ to h~ that if it concerns dese~egation
of ~e schools, ~at should be do~ wi~ ~e ~ty ra~e= ~an the
City.
City ~nage~ ~at~al ~po=ted that ~e ~minis~ation had been
former by ~e .Principal of ~rver High Sehool ~at a group of the stu-
dents fr~ the s~ool planned ~ protest the pla~ phasing out of
~=ver Senior Hi~ School by .~e ~ty $~ool .~ard~ ~ther, ~e
demons~ation did ~ke p~ace a~ several h~dred argents ~re on
la~ at the Ci~ ~11, but' ~ey ~re all orderl~ an~ ~ere ~s no
-1- 3-24-69
problem. He said since the county School Board is in West 'Palm Beach
the students-could-not~...ma~ch up there, and feels this is solely an
effort on their p~rt,-~'to bring'public attention to their 'feeling about
not wanting Carver Senior ~gh School pha~sed out.
Mayor Saunders said he 'had attended many meetings on the school
situation, and that HEW says t~ere can no longer be freedom of choice
in this County. He reporte~ that the ~eople who are interested in
this problem ~d are tr~.ing .to help solve it are suggest-~ng that any-
one with any opinion on the matter should write to their Congressmen
in Washington,
5. Mayor Saunders said he had received cells concerning garbage col-
lection and reported there have been several of the personnel of that
department a~sent from work but the remaining personnel have been
working long hard hours to get the work done. Further, that the new
garbage collection equipment should be put into service about the end
of April which shou/d solve some of the present problems.
6.a. Regarding up-dating of the City's Classification and Pay Plan,
City Manager GatChel reported to Council as follows:
"Frank C. Brown & Company performed a review of the C~ty's Classi-
fication and Pay Schedule in 1965,.and did, at that time, update the
wage scale, commensurate with services rendered and in recognition of
an analysis resulting from an Area Wage Survey in the labor market re-
lated to City employees, conducted, by the Brown Company association.
Due to the unfortunate, but undeniable, escalation of remuneration
for both skilled and unskilled labor in this general area, authoriza-
tion is requested for again employing Frank C. Brown.& Company to con-
duct a review of the ,present Class~fication and Pay ~lan, and submit
a report and recommendation for Council consideration.
Cost for such review, and analysis of the study is ~2,500;00, and
subject to Council'approval of this request, it is recommended that
the following transfer of'funds be authorized to meet Such' expense=
From 910-858 800 (General Fund Contingency Account) )
to 910 121 410 (City_Manager's Account) - $2,200.00
From 915 858 800 (Water & Sewer Contingency Account))
to 915 410 410 (Water a SeWer Account) - $300.00
Approval of the request and of the transfer of funds to cover, cost
of ~amewas unanimously given, on motion-byMr. Wilson and seconded
by Mr. Pitts.
6.b. Regarding-a deposit pre~iously made.~for purchase of a City-owned
tract of land, City Manager GaUche1 said that on Dece.mber 5, 1968, a
public auction was held in the City Hall, offering for possible sale
a City-owned parcel of land in Section 21-46~43, lyingbet~een South
A1A and the Ocean, with 400 feet of frontage on AIA, the h~ghbid
received in the amount of $475,000., was offered b~.Mr. Jack Parker,
who effecteda 10~deposit thereof with the City. Furthe=, Mr. Parker,
through his legal ~ounSel, Attorney Arnold F. K~rzinger, has requested
the return of his..deposit unless certain conditions and assurances
relative to development of the land can be supplied him by the City,
and it is not deemed proper that such assurances should be made, and
subject to Counc'il concurrence therein, it is recommended that refund
of Mr. Parker's deposit be directed.
Mr. Scheifley sai~ that since Council ca~not legally, ethically,
or morally give the assurance requested by Mr. Parker, he would move
that the City retur~hts det~Os~t as soon as possible. The motion was
seconded byMr. Pitts.
Mr'.' Youngblood asked if it is possible f~r the City to' deduct the
added expenses from said deposit at the time ~t is returned'.
City Attorney Fellow~ reported that he had been informed'by-the
City Clerk'that the costs involved are approximately $400.00~ further,
Attorne~Kurtzinger has said they would 'gladly abSOrb that cost.
UpOn~!O~l~ ~ro~l, the motion carried unanimously.
-2- 3-24-69
7.a. City Clerk worthing informed Council that the holder of Tax ~ale
Cert~fica.te No. 206, dated ~une 2, 1964, has requested refund of his
investment of $1,624.33. therei~, plus~handling costs, claiming the
lands involved, upon which said~Certificate was issued for payment of
the '1963 unpaid real estate tax thereon, were not properly identified
by the individual conducting the Annual-Sale on June 2, 1964, o£ un-
paid 1963 Tax Bills; further, it is recommended that Council authorize
such redemption of Tax Sale Certificate No. 206, da~ed June 2, ~964,
at its face value, subject to its re-assignment to the. City of Delray
Beach, and .plus incidentalexpenses incurred in its purchase.
Council unanimously authorized the redemption of Tax Sale Certifi-
cate No. 206, dated June 2, 1964, on motion by Mr. Youngblood and
seconded by Mr. Wilson.
7.b. The City Clerk informed Council that the Royal Palm Ice. ComPany's
property on N. E. 2nd' Street, as shown on a sketch attached to the
Agenda, has been purchased by Mr. DoUglas Cary, who requests abandon-
ment of that portion of N. E. 3rd Avenue which divides the two par-
cels of land comprising the Ice company's property; further, it is
recommended' that this abandonment petition be referred to the Planning
and Zoning Board for-study and.recommendation.
Said petition for 'abandonment was unanimously referre~ to the Plan-
ning and Zoning Board for study and recommendation, on motion by Mr.
Scheifley and seconded by Mr. Wilson.'
7.c. City Clerk Worthing informed Council that a ~etition has been
received from Florida Power and.~Light Company requesting rezoning from
R-lA (Single Family Dwelling District) to C-3 (Wholesale Distribution
and Light Industrial District) of the following described property,
and it is recommended that this request be referred to the Planning
and Zoning Board for review, public hearing to be held the=eon, and
recommendation.resulting from the Board's f~nd~ngs:
Lots 13' thru 18, inclusive, Block 14, Osceola Park~
Lots 10 thru 18, inclusive, Block 15, Osceola Park less the
east 50 feet, and a-strip of land 50 feet wide, formerly
known as S. E. 1st Avenue, bound on the north by ~elson Street
and on the south by Rousseau Street;
A triangular strip west of Block 14, Osceola Park; and
An unnumbered and irregular shaped lot in Osceola Park, lying
between the Florida East Coast Railway right-of-way on the
west, Currie Street on the east, Nelson Street on,the north
and Rousseau Street on the south;
All the above described parcels of land being in Delray Beach,
Florida, and shown' on the Plat of Osceola Park, recorded in the
office of the Clerk of the Circuit Court in and for Palm Beach
County, Florida, recorded in Plat Book 3, Page 2.
Said request was unanimously referred to the Planning and Zoning
Board, as recommended, on motion by Mr. Wilson and seconded by Mr.
Youngblood.
7.d. The City Clerk informed Council that property owners and their
representatives have requested Council-consideration for providing
relocation of that part of Ingraham Avenue lying between Gleason
Street and Ocean Boulevard,. which right-of-way is but 20 feet wide,
in exchange for a 30 foot wide parcel extending from Gleason Street
easterly to Ocean Boulevard, lying 29.4 feet northerly from the pre-
sent street. Further, this petition is an alternate offer from the
original request for such abandonment, and Council may desire to refer
the petition to the Planning and Zoning Board, the Parking and Traffic
Committee, the Administration, or any~ombination thereof, for study
and recommendation. The Administration, and particularly the City
Engineer has reviewed the offer and has available an engineering
signed plan for possible relocation of that portion of Ingraham Avenue,
as requested, and utilization of such predetermined data will be avail-
able to the parties to whom Council may determine to refer this peti-
tion. -3- 3-24-69
Mr. Wilson moved that said petition be ~referred. to the Planning and
Zoning Board, also to the. Traffic and Parking Con~ittee, ...for recommen-
dation. · The motion~was Seconde~. by Mr. Scheifley and carried ~unani-
moUSly.
Mayor Sounders asked that the available information prepared by the
City Engineer, referred to by .the City Clerk, be given, t° the two
Committees this petition has been referred to.
8.a. The City Clerk reportea that in compliance with Section .15A-41,
Chapter 15A of the Code of Ordinan~es~ a Public Hearing has been
scheduled to be.held at this time for effecting a special .assessment,
in the amount of $895.00 ~gainst the South 75 feet of the North 225
feet of the East 135 feet of Block 20,' Delray Beach, Florida, located
at 70 N. W. 5th Avenue, for demolition of improvements thereon, 'and
removal of all debris resulting from such demolition, the property
having .been previously condemned by the Building Official. He report-
ed that ell legal procedures in' cor~nectton with this action, as set
forth in Chapter 15A of the Code, have been met, the property owner es
representative properly notified, and-in lieu of insufficient or no
objections to this proposed assessment being received at the public
hearing, Council should authorize the levy of such special assessment
by adoption of
RESOLUTION NO. 12-69.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, LEVYING COSTS FOR DEMOLITION OF BUILDINGS
UPON CERTAIN LANDS LOCATED WITHIN SAID CITY~ 'S~TTING OUT
ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH SUCH DE-
MOLITION AND LEVYING THE COST FOR SUCH DEMOLITION AS A
SPECIAL ASSESSMENT, AND DECLARING SAID SPECIAL ASSESSMENT
TO 'BE A LIEN UPON SAID PROPERTY :IN AN AMOUNT AS SHOWN BY
REPORT OF THE BUILDING OFFICIAL OF DELRflY BEACH, FLORIDA.
(Copy of Resolution No. 12-69 is attached to the official copy of
these minutes.} See page 58fL
There being no objection to said proposed assessment for demolition
Costs, Resolution No. 12-69 was unani~Ously passed and adopted on this
first and final rea~/ng, on motion by Mr. Scheifley and seconded by
Mr. Youngblood.
8.b. City Clerk Worthing presented ORDII~ANCE NO. 10-69.
AN ORDINflNC~ OF THE CITY COUNCIL OF THE CITY OP DELRAY
BEACH, FLORIDA, REZONING AND PLACING THAT PART OF LOT
FOUR LYING EAST OF THE CENTER LIN~ OF N. E. ?TH AVENUE
iF EXTENDED NORTH, AND WEST OF WEST RI(~HT-0F-WAY LINE
OF N. E. 8TH AVENUE, SECTION 9, 'TOWNSHIP 46 SOUTH, RANGE
43 EAST, DELRAY BEACH, FLORIDA, IN "RM-1 MULTIPLE FAMILY
DWELLING DISTRICT", AND AM~.NDING "ZONING MAP OF DELRAY
BEACH, FLORIDA,-1960".
(Copy of Ordinance No. 10-69 is attached to the official copy of these
minutes.} See page 58-A.
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 insufficient objections to Ordinance
No. 10-69, said Ordinance was unanimously passed and adopted on this
secon~ and final reading, on. motion by Mr. Youn. gbiood and seconded by
Mr. Pitts.'
X. Mayor Sounders reporte~, that he 'had been iilformed by the Planning
and Zoning Director that the logics! o~er tot the next three .Agenda
items would be to ~onsider item 8.d..-first, then 8.e..and 8~
Mr. Abbott, Director of Planning and Zoning then explained the pro-
posed new use districts to be known, as RM-IA and RM-2 and some of the
studies and preparation that-went into the ordinances Creating these
districts. He also explained the three proposed ordinances concezning
zoning and the different zoned areas on the new proposed zoning map.
8.d. The City Clerk presented ORDINANCE NO. 12-69.
AN ORDINANCE P. ELATING TO ZONING; AMENDING CHAPTER 29 OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY CREATING
AND ESTABLISHING A NEW USE DISTRICT ,TO BE ENOWN AS "RM-1A-
MULTIPLE FAMILY D~,S~LLING DISTRICT" AND PRESCRIBING THE USES
PERMITTED THEREIN.
(Copy of Ordinance No. 12-69 is attached to the official copy of these
minutes. ) See pages 58-B-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, during which there were comments and suggestions from
the audience, both pro and con, followed by discussion by Council, and
presentation of letters for and against the proposed ordinance. Mr.
Scheifley then moved that .Ordinance No. 12-69 be passed and adopted on
this second and final reading, the motion being seconded by Mr. Pitts.
Upon call of roll, Mr. Pitts, Mr. Scheifley and Mayor Saunders voted
in favor of the motion and Mr. Wilson and Hr. Youngbloo~ were
Mr. Pitts then moved that this City entertain bids from independent
companies to study the new zoning ordinance that. has just been passed,
and give Council an impartial report from which amendments can be made
to said ordinance if it is, deemed necessary. The motion was seconded
by Mr. Wilson.
Following a question, Mr. Pitts sa~id this study should cost approxi-
mately $6,.000. and -would take from sixty to ninety days.
Upon call of roll, Mr. Pitts, Mr. Wilson, Mr. Youngblood and Mayor
Saunders voted in favor of the motion and Mr. Scheifley abstained from
voting. He qualified his position in that-he feels before voting on
this item there should be more positive knowledge about cost of the
Study, time it will take, and where the money will be transferred from
to cover the cost.
8.e. City Clerk Worthing presented ORDINANCE NO. 13-69.
AN ORDINANCE RELATING TO ZONING; AMENDING CHAPTER 29 OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY
CREATING AND ESTABLISHING A NEW USE DISTR-ICT TO BE .KNOWN
AS "RM-2 -' MULTIPLE FAMILY DWELLIEG DISTRICT" AND PRE-
SCRIBING THE USES PERMITTED THEREIN.
(Copy of Ordinance No. 13-69 is attached to the official copy of these
minutes. ) See page 58~D-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. 13-69,
said ordinance was unanimously passed and adopted on this second and
final reading, on motion by Mr. Youngblood and seconded by Mr. Wilson.
8.c. The City Clerk presented ORDINANCE NO. 11-69.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING AND/OR REPEALING VARIOUS SECTIONS
OF CHAPTER 29 OF THE CODE OF ORDINANCES OF SAID CITY PER-
TAINING TO REGULATIONS AFFECTING ALL ZONING DISTRICTS WITH-
IN DELRAY BEACH, FLORIDA.
(Copy of Ordinance No. 11-69 is attached to the official copy-of these
minutes.) See pages 58-F~I.
-5- 3-24-69
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, during which Mr. Walter Seymour, original owner and
developer of Chevy Chase subdivision, informed Council that he objects
to his four remaining undevelOpedduPlex zoned lots being placed in
single family residence district, as indicated in the proposed· zoning
changes. Further, he W°uld like to build duplexes on those four lots
within the next year or two with the same type of construction that. he
has underway on four other lots in that area, being duplexes of a lit-
tle over two thousand square feet, the permits being for approximately
$25,000.00 each. He said if Council passes this proposedordinance he
would ask that he be given permission to build duplexeson those four
remaining lots, within a reasonable time.
Mr. Abbott, Director of Planning and Zoning, informed Council that
building permits could be issued to Mr. Seymour on those four duplex
lots, and the permits extended as necessary, which he feels is the best
manner in which to handle this situation if Ordinance No. 11-69 is
passed and adopted on this second reading tonight.
Mr. Wilson moved to grant the petition of Mr' Seymour as OUtlined
by him to the council ~nd the City. planner, the motion~being seconded
by Mr. Pitts and unanimously carried.
The City Clerk presented the following Petition, dated March 6th,
and containing fifty-nine signatures:
"A nUmber of residents of North East Eighth Avenue are against
changing the present zoning to larger or taller buildings in the
duplex area of North East Seventh Avenue that adjoins the rear
properties of homes on North East Eighth Avenue.
After. careful selection, we invested in the protected zoning'
areas in Delray Beach.' After much thought,' we built or purchased
our homes because of th~se existing zoning laws. Consequently,
many of us older citizens are enjoying this area asa place of
tranquility and~yard sanctuary. We feel thisrepresents a mutual
obligation for us and our city to preserve our residential areas.
We have all seen the effects elsewhere where the lack of timely
consideration has permanently marred and depreciated res~dential
areas,
In view of the aforementioned facts, we respectfully request,
as taxpayers and..property owners, that the existing zoning should
remain in effect andshould not be changed for thiSarea."
Mr. Joseph Gwynn and Mrs. Emma Miller Watt, Signers of the petition,
were present and explained that they are opposed to the RM-1 zoning
that is proposed under Ordinance'No~ 11-69 to replace the strip of R-2
zOningpresently adjacent to their homes.
Following discussion, Mr. Pitts moved thatOrdinance No. '11-69 be
tabled for further study to be voted on at the next regular meeting,
the motion being Seconded by Mr. Wilson.
It wasPo~nted out thatthls ordinance covers many other items in
addition to placing some properties ~ntO different zoning districts,
and Mr. Pitts and Mr. Wilson 'withdrew their motion and second.
Following further discussion, Mr. Schelfley moved that Ordinance No.
11-69 be passed and adopted on this second and final reading, the
motion being seconded by Mr. Youngblood and unanimously carried.
Mr. Scheifley then moved, With reference to the R-2 zoned'properties
on the east side of N. E. 7th Avenue, between 4th and 7th Streets, that,
in view ofreSidents of N. E. 8th Avenue in the immediate area object-
ing to said R'2 zoned lands being re-classified RM-1, thisbe referred
to the Planni~ and Zoning Board for their' study and recommendation
concerning Po~'sSble rezoning of Said R-2 lands to R-1AA zoningdistrict.
The motion was seconded by Mr. Pitts and carried unanimouslY.
-6- 3-24-69
8.f. The City Clerk presented ORDINANCE NO. 1'5-69.
(2618 Spanish Trail)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT
17, BLOCK 2, FIRST ADDITION TO-DEL-RATON PARK,-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~ A~D "P~OVIDING FOR THE ZONING THEREOF.
(Copy of Ordinance No. 15-69 is attached to-~he official copy of these
minutes;) See page 58'K.
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. 15-69,
said Ordinance was unanimously passed and adopted on this second and
find1 reading, on motion by Mr. Youngblood and seconded by Mr. Wilson.
8.g. City Clerk worthing presented ORDINANCE NO. 16-69.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY .OF. DELRAY
BEACH, FLOR/DA, ANNEXING TO THE CITY OF DELRAY BEACH
CERTAIN LANDS LOCATED IN SECTION 28, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY~ REDEFINING THE BOUNDARIES
OF SAID CITY TO INCLUDE SAID LANDS~ PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LANDS~ AND PROVIDING FOR
~ ZONING THEREOF. (2225 South Ocean Boulevard)
(Copy of Ordinance No. 16-69 is attached to the official copy of these
minutes. ) See page 58-J.
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. 16-69,
said Ordinance was unanimously passed and adopted on this second and
final reading, on motion by Mr. Wilson and seconded by Mr. Youngbloo~.
8.h. 'The City Clerk presented ORDINANCE NO. 17-69.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, REZONING AND PLACING LOT 7 AND SOUTH 25
FEET OF LOT 8, SEABR~.EZE PARK, DELRAY BEACH, FLORIDA,
IN "C-1 LIMITED COMMERCIAL DISTRICT", AND AMENDING
'"ZONING MAP OF DELRAY BEACH, FLORIDA, 1960".
ordinance No. 17-69 was unan'imously placed on first reading, on
motion by Mr. Scheifley and seconded by Mr. W£1son.
8.i. The City Clerk presented ORDINANCE NO. 18'69.
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, AMEND-
ING SECTION 13-5 (b), CHAPTER 13, AND ORDINANCE NO. G-350,
PERTAINING TO THE ELECTRICAL CODE FOR THE CITY OF DELRAY
BEACH, FLORIDA, PERTAINING TO ALL REGULATIONS RELATING
THERETO, AND CONFORMANCE WITH THE NATIONAL ELECTRICAL
SAFETY CODE.
Ordinance No. 18-69 was unanimously placed on first reading, on
motion by Mr. Wilson and seconded by Mr. Pitts.
9.a. City Clerk Worthing read the Beautification Committee meeting
minutes of March 12, 1969.
10.b. City Manager Gatchel presented an application from the Lakeview
Baptist.'Church for Permissive Use for construction of a Church and
other related Educational facilities on properties orated.by the Church
and loQated on North Swinto~' Avenue in Sections 4 and 5, 'Township 46
_7_ .~.9.~-69
South, Range 43 ~ast, and recomended that this application be re-
fer=ed to the Planning and Zoning ~oard for public hearing and recDm-
mendation concerning same, which was agreeable with Council.
10.b. City Manager Gatchel announced that the City will again co-
operate with the school classes of Mr. Clifford Durden, teacher and
instructor at c~rver High School, in sponsoring a student government
day at the City Hall for approximately'35 students, On April 2nd.
Further, the students~will be at the City Hall ~rom approximately
12=30 P.M. to 3=30 P.M., and it would beappreciated if 2he members
of Council could be at the City Hall between 12:30 P.M. and l=00 P.M.
and ~e introduced to the students.
10.b. Mr. Wilson informed Council that the. teachers and instructors
involved in the Annual Student Art Show which 'has been sponsored by
the Kiwanis Club for many years prefer to not hav~ that show in con-
Ju~ctionwith the Delray Affair as was previously planned, but would
likepermission to hOld said show at the Adult Recreation Center on
May 8th, 9th and 10th, with a second choice of dates beingMa¥ 1st,
2nd .and 3rd.
Council was in agreement to this.change of plans for the Annual
Student Art Show subject to approval of Mr. ElIiott, Director of
Recreation, as to the'dates requested not confl£cting with other
planned activities.
10.b. Mayor Saunders referred to a letter dated ~rch 14, 1969, from
Messrs. P.'L. WeekS', Jr. and L~on M, Weeks, concerning speed regu!.a-
tion of the F. E. C. trains through Delray Beach, and suggested that
said letter be referred to the City Attorney for his study and advice.
10.c. City Clerk Worthing presented Bills for Appr°val as follows=
General Fund $ 160~280.66
W~ter O~erating &Maintenance Fu~d 5~695.44
Water Revenue Fund 33.139.80
Special Assessment Fund . 1,827.22
Refundable Deposits Fund 910.~0
Beautification Fund 1,541.56
Improvement Fund 675.89
Capital ImProvements ConstrUction Fur~l 21,336.65
Sewer Construction Loan Fund -
First Fed. 'Savings & Loan. of Miami. 6§,279.15
The bills were unanimously approved for payment, on motion by Mr.
Youngblood and seconded by Mr.. Wilson.
The meeting adjourned at 12:10 A.M., Tuesday, March 25th, 1969.
~. D., WORTHING
MAYOR
-8- 3-24-6'9
58-A
BE IT ~Xi[~ED BY TI[~ CITY COUNCIL ,OF TBB CITY OF,
DELI~Y BEACH, FLORZDA:
~I~CTZON 1. That ~he following described property.
in the City of Delray Beach, Florida. is hereby rezo~ea and
placed in the "RM-I Multiple Family Dwelling District' as
defined by Chapter 29 of the Code. of Ordinances of the City
of: Delray Beach, .Florida, to-wit,
That part of Lot 4 lying Bas2 of the
center line of N. E. ?th Avenue if
extended North, and West of West
right-of-way line of N. E. 8th Avenue,
Mctel Zand Company's subaivtsion of
section. 9, To, ship 46 ~outh, Range
43 ~aa4;, Delray Bea~, per Plat Book
8, Page 40, Public Re~o~s of Palm
Beach County, Florida.
SECTION 2. That the Building Inspector of .said
City shall upon the effective date of this 'Oz~i~e change
the Zoning Map o£ Delray Beaah, -Florida, to conform, with
the provisions of Section 1 hereof.
PAS~D in regular session on the second an~. final
reading on this the 24th ~ay of March , I9~.~
AYOR
City Clerk
First Reading . Feb_r~ary, ,,2, 4 ' 1. 969 ; ~_
Second Reading March 2~. 1969 .... :_
58-B
ORDINANCE NO. 12-69.
AN ORDINANCE RELATING TO ZONING; AMENDING
CHAPTER 29 OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH BY CREATING AND
ESTABLISHING A NEW USE DISTRICT TO BE KNOWN
AS "BM-lA - MULTIPLE FAMILY DWELLING DISTRICT"
AND PRESCRIBING THE USES PERMITTED THEREIN.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA:
SECTION 1. That Chapter 29 of the Code of Ordinances of the
City of Delray Beach is amended by creating and establishing a new
use district to be known as "RM-1A - Multiple Family Dwelling Dis-
trict''.
(A) USES PERMITTED.
Within any BM-lA - Multiple Family Dwelling District,
no building, structure, land or water shall be used
except for one or more of the following uses:
'(1)Any use permitted in the R-1AA - Single Family
Dwelling District.
(2) Multiple Family Dwellings, up to and including
nine units°
(B) SPECIAL EXCEPTIONS.
Churches
. Lodge s
Clubs
Hotels
MOtels
Utilities
Guest House
Cluster Development
Ten or more Dwelling Units
Parking
Plaza Development
Any application shall be considered as prescribed
in Sec. 29,7.5% (site plan approval).
(C) BUILDING I~EIGHT REGULATIONS.
Buildings may be erected to a height not exceeding
twenty-three (23) feet, measured from the highest
finished grade to the ceiling of the highest floor.
The height requirements may be exceeded only by
special exception as prescribed in Sec. 29-7.5%
(site plan approval), provided, however, that no
special exception shall be granted which would
allow a building on a parcel not fronting on the
ocean or Intracoastal Waterway to exceed a height
of fifty-seven (57) feet, nor a building on a par-
cel fronting on the ocean or Intracoastal Waterway
to exceed a height of. one hundred and twenty-two
(122) feet.
(D) LOT COVERAGE.
No principal structure shall occupy more than thirty-
five (35) per cent of the lot area. Accessory uses
only as prescribed in Sec. 29-7.5% (site plan approval).
(E) BUILDING SITE AREA REQUIRED.
(1) Each lot or parcel of land shall have an area of
not less than six thousand (6000) square feet for
58~C
Page 2. ORDINANCE NO. 12-69.
one family, two family or three family units;
and for 'each family unit thereafter, an addi-
tignal 1500 square feet-shall be required.
(2)The .lot width shall be not less than Sixty (60)
feet measured at the building line.
(F) YARD REQUIREMENTS.
(1) Front Yard. There shall be a front yard having
a depth of not less than twenty-five (25) feet
measured from the Street right-of-way line to
the wall of a structure.
(2) Side Yard. There shall be a side yard on each
side of a structure of not less than fifteen (15)
feet. On corner lots a side yard of not less
than twenty-five (25) feet from the property line
of the intersecting street shall be provided.
(3) Rear Yard. There shall be a rear yard of at
least twenty-five (25) feet measured from the
principal building or buildings.
(4)There shall be at least fifteen (15) feet be-
tween detached principal buildings.
(5) Where setback lines have been established on
streets or highways for the purpose of future
street widening the front and side yards shall
be measured from said setback lines,
(G) ACCESSORY BUILDING REQUIREMENTS.
For all structures the foilowing requirements shall be
observed:
(1) Accessory buildings shall not be located less than
ten (10) feet from any rear property line nor less
than fifteen (15) feet from any side property line.
(2) No garage or other accessory building Shall be
erected before the principal building is under
construction to the point of being fully en-
close~, except where specifically permitted by
Site Plan Approval.
(3) On corner lots, accessory buildings shall not be
louated less than twenty-fiv~ (25) feet from the
property line of the intersecting street.
(4) Where setback lines have been established on
streets or highways for the purpose of future
street widening the-front and side yards shall
be measured from said setback lines..
~ame as required in Sec. 29-4 except that there shall
be a minimum of, one and seven-tenths (1.7) spaces for
each residential unit.
PASSED in reqular session on the second and final reading on
the 24th day of MarCh , 1969.
/S/ J. L,. Saunders
ATTEST: M A Y O R
City Clerk .
First Reading February 2..4'.,.. 1969 Second Reading .,March 24, 1969
'"
58-D
ORDINANCE NO. 13-69.
AN ORDIHANCE RELATING TO ZONING; AMENDING
CHAPTER 29 OF THE CODE OF ORDINANCES OF
THE 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.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA =
SECTION 1. That Chapter 29 of the Code of Ordinances of the
City of Delray Beach is amended by creating and establishing a new
use district to be known as "RMv2 - Multiple Family Dwelling District".
(A) USES--PERMITTED.
Within any RM-2 - Multiple Family Dwellinq. District,
no building, structure~ land orwater shall be used
except for one or more of the.following uses:
(1) Any use permitted in the R-l, Single Family
Dwelling District.
(2) Multiple Family Dwellings, up to and including
nine units.
(B} SPECIAL EXCEPTIONS.
Churches
Lodges
Clubs
Parking
HOtels
Motels
Utilities
Nursing Homes
ConvalesCent Homes
Public Schools
Business Offices
Professional Offices
Civic Buildings
Public Buildings
Plaza Development
Cluster Development
Ten or more Dwelling Units
Any application shall be considered as prescribed
in Sec. 29-7.5% (site plan approval).
(C) BUILDING HEIGHT REGULATIONS.
Buildings may be erected to a'height not exceeding
twenty-three (23) feet, measured from the highest
finished grade to the. ceiling of the highest floor.
The height requirements may be exceeded only by
special exception as prescribed in 'Sec. 29-7.5½
(site plan.approval), provided, however, that no
special exception shall be granted which would
allow a building on a parcel not fronting on the
ocean or Intracoastal Waterway to exceed a'height
of forty-five (45) feet.
(D) LOT COVERAGE.
No principal structure shall occupy more than forty
(40) per cent of the lot area. Accessory uses only
as prescribed in Sec. 29-7.5½ (site plan approval).
(E) BUILDING SITE AREA REQUIRED.
(1) Each l°t or parcel of land shall have an area
of not less than 6000 square feet for a one
family or two family dwelling units, and for
each family unit thereafter, an additional
~1000 square feet shall be required.
· 58'E
Page 2. ORDINANCE NO. 13-69. ~ .
(2) The lot width., shall'be not less than sixty (60)
feet measured at the building line.
(3) Whete~ a lot or parcel of land has an area or
width less than the above and was a lot of record
at th9 time of the eff$ctive date Qf this ordi-
nance, said 1or may be used for a one or two fam-
..:~ i~y 'dwelling provided the minimum side, front and
rear yards requirements as set forth herein are
conformed with.
(t) Front Yard. There shall be a front yard having
a depth of not less than twenty-five (25) feet ~
measured from the street right-of-way to the wall '
of a structure. ~
(~) /Side Yard. There shall be a side yard on each
side of a structure of not less 'than fifteen (15)
feet. On corner lots a side yard of not less than
twenty-five (25) feet from the property line of the
intersecting street shall b~ provided.
(3) Rear Yard. There shall be a rear yard of at least
.~wenty (20) feet measured from the principal build-
ing or bui%dings.
(4)There shall be at least fifteen (15) feet between
d~ta~hed buildings.
(5) Where setback lines have been established on
streets or highways for the purpo, s~e of future
street widening the front and side yards shall
be measured from said setback lines.
(G) ACCESSORY BUILDING REQUIREMENTS.
For all structures-the following requirements shall
be observed:
(1) Accessory buildings shall not be located less than
ten (10) feet from any rear property line nor less
than fifteen (15) feet from any side property lane.
(2) No garage or other accessory building shall be
erected before the prinoipal building is under
construction to the point of being fully en-
closed, except where specifically permitted by
Site Plan Approval~
(3} On corner lots, accessory buildings shall not be
located less than twenty~five. (25) feet from the ~
property line of the intersecting street.
(4) Where setback lines have been established on
streets or highways for the purpose of future
street widening the f~ont and side yards shall
be measured from said setback lines.
(H) PARKING.
Same as required in Sec. 29-4 except that there shall
be a minimum of one and seven-tenths (1.7) spaces for
each residential unit°
PASSED in regular session on the second and final reading on the
24th day of March , 1969.
/S~ J. L, Saunders
ATTEST: M A Y,O R
City Clerk
First Reading 'February 24, 1969 Second Rea~ing March 24, 1969
58-F
ORDINANCE NO. 11-69.
AN ORDINANC~ OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AM~NDIN~ AND/OR
PEALING .VARIOUS SECTIONS OF CHAPTER 29 OF~ THE
CODE OF ORDINANCES OF SAID c~TY PERTAINING T0
REGULATIONS AFFECTING ALL ZONING DISTRICTS
WITHIN DELRAY BEACH, FLORIDA.
NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AS FOLL~S:
SECTION 1. Section 29-1. DEFINITIONS. Section 29-1 be and the
same is hereby.amended by adding sub,sections (62.) and (63) to read
as follows:
"(62) LOTS OR PARCELS FRO~TING THE OCEAN OR INTRAcoASTAL
WATER~%Y. Lots fx~nt&ng the Ocean or Intracoastal
waterway which i. .0r, p ce sl of land
abutting A1A and lying West of'the MUnicipal Beach
between Beach Drive and Casuarina Road; also all
other lots or parcels having property lines abutting
the Ocean or the Intracoastal Waterway.
(63) B~SINESS OFFICES. Commercial actiwities ~esigned to
serve a specific developmen:~ 0.f which said offices
are an integral part thereof,"
SECTION..2. Section 29-2. DISTRICTS AND BOUNDARIES - DESIGNATED;
ZONING MAP ADOPTED; RULES FOR DETERMINING BOUNDARIES WHERE UNCERTAINTY
EXISTS. The first two paragraphs of SeCtion 29-2 be and' the same is
hereby amended to read as follows:
"In order to regulate and limit the:-he£ght and-size of hull'd-
ings; to regulate and limit the ~.int~nsity of'the use of lot
areas; to regulate and determine the area'S of .open spaces
within and surroUnding buildings; ~o classify, regulate and
restrict the location of trades and industries; and the loca-
tion of buildings designed'for specified industrial, business,
residential and other uses the City of Delray Beach, Florida,
is hereby divided into districts known as:
R-1AAA Single Family Dwelling District
R-1AAAB Single Family Dwelling .District
R- 1AA Single ... Family Dwelling. District
R-lA Single Family Dwelling District
R-1 Single Family Dwelling District
RM-1A Multiple. Family Dwelling. District· ·
RM-1 Multiple Family Dwelling District
RM-2 Multiple Family Dweliing District
C-1 Limited Commercial District
C-2 General Commercial District
C-3 %~olesale Distribution and Light
Industrial District
The boundaries of the districts are shown upon the map accom-
panying this ordinance (sections 29-1 -- 29-7.10) and made a
part thereof, and entitled 'Zoning Map of Delray Beach, Florida,
1969'. The Zoning Map and all the notations, references and
other information shown thereon are a part of this ordinance
(sections 29-1 -- 29-7.10) and have the same force and effect
as if such information set 'forth on the map were all fully de-
scribed and set out herein. This Zoning Map properly attested
is on file in the Office of the City Clerk,"
SECTION 3. Section 29-6. R-2 ONE A~D TWO FAMILY DWELLING DISTRICT
and Section 29-7. R-3 MULTIPLE FAMILY DWELLING DISTRICT be and the
same are hereby repealed.
58-G
Page Z'. O~/)INANCE NO. 11-69.
~.O~ ~. Se~tion-29-7,0I. RM-I MUL~ FAMILY DWELLING DIS-
TRICT.. Section '29--7.01 sub-section (A) USES PERMI~ED (2) be and is
hereby amende4 to read as follOWs:
"(2) MultipI.e Family Dwellings, up to and including
nine units."
Section 2,9-7.01 sub-section (C) be and is hereby amended to read
as follows:
"(C) BUILDIN~ HEIGHT R~GULATIONS.
Buildings may be erected to a height not exceeding
twenty-three (23') feet, measured from the highest finished
grade to the ceiIing of the highest floor. The height re-
quirements may be exceeded only by special exception as pre-
scribed in Section 29-7.5% (site plan approval)."
SECTION, 5.~ Section 2g-7.1. C-1 LIMITED COMb~ERCIAL DISTRICT.
Section 29-7.1 sub-sectio~ (A) USES PERMITTED (1) be and is hereby
amended to read as follows:
"(1) Any use permitted in RM-1A, East of the Intracoast-
al Waterway and RM~.~A, RM-1 and RM-2, West of the
Intracoastal. waterway;.-provided however, that build-
ings or structures containing three or more units
for-temporary or permanent human habitation'shall be
allowed only as a special exceptiOn as prescribed in
Section 29-?.5%.'(site plan approval).''
Section 29-7.,1 sub-section (C)'be and is hereby amended to read
as follows:
"(C) BUILDING.HEIGHT~LIMIT.
Exceptby,special exception, (site plan approval as
prescribed inset.-29-7.5%),.no commercial b~ilding or
structure shai1 exceed~"fo=ty (40)-feet zn height."
Section.29-7.1 Su~-section .~(D) be and is hereby amended to read
as follows:
"(D) BUILDING SIT~ AREA REQUIP~ED.
No minimum.requirements, except for o~e, two and multi-
pie mily w 11 ng&i the "min'i reqU =emen $
multiple ~amily'districtSpermitte~ in Sec. 29-7.1"(A) (1)
shall be observmd."
Section 29-7.1sub~section '(E} YARD'P. EGULATIONS, (1) (2) and (4)
be and are hereby' a~ended to readas follows:
"(1) Front yard (setbaCk). Ail commercial buildings
shall be set ba~k t~ (10) feet from~lot line.
(2) Side yard (setback).' No side'yard required; pro-
vided, however, that the side walls of a11 commer-
cial buildings at intersecting streets ,shall be set
back at least ten (10) feet from the side property
(lot) line.
(4) Dwelling structures, hotels, motels, guesthouses
and s~ructures 'of similar use having three or more
units shall observe the. Ymrd requirements provided
for in the permitted u~es in Sec. 29-7.1 (A) (1)."
'Section 29-7.1 sub-section (F) MINIMUM FLOOR AREA REQUIRED be and
is hereby repeale~.
Section 29-7.1 sub-seCtion (H) be and 'is' hereby.amended :to read as
58-H
Page 3. ORDINANCE N~.~11-69.
"(H) CONDITIONAL.USES..
Same as for Conditional Uses permitted in Sec. 29-7.1
sub-section ~(A) (1) with the following additions:
(1) Bowling alleys, pool and billiard halls, skating
rinks, outdoor minature golf courses and similar
establishments."
.._...~6.~CTIO S~ction.29-7.2. C-2 GENERAL COMMERCIAL DISTRICT.
Section 29-7.2 (B) be and is hereby amended to read as follows:
"3(B) BUILDING SITE AREAs'YARD REGULATIONS1 BUILDING HEIGHT
LIMITS; CONDITIONS OF OPERATION, except for Section
29-7.1 (B) (2)..
Same as for C-1 Limited Commercial District, except
as provided in su~-sect~on (12) of Sec. 29-7.5°"
~CTION 7. Section 29-7.3. C-3 WHOLESALE DISTRIBUTION AND LIGHT
INDUSTRIAL ~STRICT. Sub-seCtion (A) USES PERMITTED'(1) be and the
same is hereby amended to read as follows:
"(1) Any use permitted in the C-2 General Commercial
District, 'exCept no dwelling structures will be
permitted other than those designed and used for
temporary h~m~n habitation, and then'only when
approved as'a'special exCepti6n as prescribed in
Section 29-7.5%."
SECTION $. Section 29-7.4. PARKING AND LOADING'REQUIREMENTS.
Sub-section (1) and.paragraph (a) thereunder;also:-sub-Section (2) and
paragraphs (b), (g), (h), (m), (q). and (s) thereunder be and are here-
by amended to read as follows:
"(1) For the,purpose of this Ordinance, the term ~off-street
~.. .parking space' shall consist of a minimum net area~of 200
square feet (not less than 9% feet in width) for the parking
of an automobile, exclusive of access drives or aisles thereto.
(a) In Multiple Family Dwelling Districts, C-l, C-2
and C-3 districts, all parking spaces, access
drives and ~ading zones shall be hard surfaced
and dust proof.
(2) There shall be provided at the time of the erection of
any main building or structure or at the time any main build-
ing or structure is altered, enlarged or increased in capaci-
ty by adding dwelling units, guest rooms, floor area or seats,
minimum off-Street automobile parking spaces with adequate
provision (back-o~t parking and parallel parking abutting a
public right-of-way not being adequate provisions where, pro-
hibited by action of City Countil) for ingress and egress by
an automobile of standard size, in accordance with the follow-
ing requirements:
(b) Churches, temples, places of worship, and places
of public assembly: One (1) space for every four
(4) seats in the main auditorium.
(g)Hotels:' O~e'and one-tenth (1.1) spaces for every
bedroom.
(h) Multiple dwellings, apartment houses, efficiency
apartments: One and seven-tenths (1.7) spaces
for each dwelllng unit.
58-I
Page 4. ORDINANCE NO. 11-69.
(m) M~tels: One and one-tenth (1.1) spaces for each
sleeping room.
(s) Theaters: One (1) spa:e for every four (4) seats."
Section 29-7.4 s~b-section (3) AOCATION (d) be and is hereby amend-
ed to read as follows':
"(d) Parking spaces serving.commercial uses .must be lo-
cated in the same or lowar Zone as the PrinciPal
use. parking in a higher'zone may be alloWed as
Special exception, site plan approval as prescribed
in Sec. 29-7.5%, and When said parking lot is not a
commercial enterprise."
Section 29-7.4 sub-section (2)shall be further amended, and is
hereby so provided, by adding paragraphs (u) and (v)thereto which
shall read as follows:
"(u) Businesses located inside a Structure being used
for permitted uses pr special exceptions as Pro-
vided, in the multiple.fami!ydWelling districts
(RM-1A, RM-1, RM-2) located in C~I and C-2
zoning districts:
Where same opens only on lobby or vestx-
bule.and'beingused primarily for the
convenience of the building's inhabitants
-- one half .(1/2}the spaces normally re-
quired.
(v) Restaurantsand places of public assembly when
associated with.~a hotel or motel located in C-1,
C-2 or C-3 zoning districts: One half (1/2) the
spaces normally required."
SECTION 9~ Section 29-7.5 GENERALPROVISIONS AND EXCEPTIONS.
Section '29-7.5 sub-section (7) (c), andsub-section (10) be and they
are hereby repealed.
PASSED AND ADOPTED in. regular session on the second and final
reading on the 24th day of March , 1969,
S J.L.. aunders
ATTEST: M A Y 0 R
/S/ R. D. ,.Worth~n_q City Clerk
First Reading February 24, 1969
Second'Reading March 24, 1969
58-J
.ORDINANCE NO. 16-69.
ANORDINANCEOP THE CITY:COUNCIL'OF'TH~CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY
OF DELRAY BEACH CERTAIN LANDS LOCATED INSEC-
TION 28,TOWNSHIP46 SOUTH, RANGE 43 EAST, WHICH
LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIM-
ITS OF SAID CITY; REDEFINING THE BOUNDARIES OF
SAID CITY TO INCLUDE SAID LANDS; PROVIDINGFOR
THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND
PROVIDING FOR THE ZONING THEREOF.
WHEREAS, DELRAYVILLAS, INC. is the fee simple'owner of the
property hereinafter described, and
WHEREAS, DELRAY VILLAS, INC., by its Petition, has consented and
given permission for the annexation of said propertyby 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 Qf Florida;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That th~ City Council of-the City of Delray 'Beach,
Palm Beach County, Florida, hereby annexes to said Citythe following
described tract of land located in Palm.Beach County, Florida, which
lies contiguous to said City, to-wit:
That part of the South 100 feet of the North 2670 feet
of Section 28-46-43, lying between the easterly right-
of-way line of State Road A-1-A and the Atlantic Ocean,
being a RE-PLAT OF PARKER VILLAS, as appears in Plat
Book 25, Page 66 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 th~ tract of land hereinabove described is here-
by declared tO be in Zoning District RM-1, as defined by existing ordi-
nances of the City of Delray Beach, Floridao
SECTION 4. That the land hereinabove described shall immediate-
ly become subject to all of the franchises, privileges, immunities,
debts (except the existing bonded indebtedness), obligations, liabili-
'ties, ordinances and laws to which lands in the City of Delray Beach
are now or may be, and persons residing thereon shall be deemed citi-
zens 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
jurisdiction, 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 March , 1969.
__/S/ J..L. Saunders , _..~__
ATTEST: M A Y 0 R
/~.J R~ ~D. ~.Worthin~ ~_ ..... _ ..... . .
City Clerk
First Reading ~ Feb~u~24, 1969. ~ Second'aeading ~M. arch. ~ ~ .~24,.... ..... 1969 ~ _
58'K
ORDINANCE NO. 15-69.
AN ORDINANCE 'OF ~THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH FLoRaL, 'ANNEXING TO T~ CITY
OF DELRAY BEACH LOT i?, BLOCK 2, FIRST ..ADDITION
TO DEL-RATON PARK, WHICH ~ND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; REDE-
FINING THE BOUNDARIES OF SAID CITY TO INCLUDE
SAID LAND; PROVIDING FOR THE RIGHTS AND OBLI-
GATIONS OF SAID LAND; AND PROVIDING FOR THE
ZONING THERe'.OF.
WHEREAS, BARGAS DEVELOPMENT CORPORATION is the fee Simple owner
of the property hereinafter described, and
WHEREAS, MR. JOHN BARGAS, President of BARGAS DEVELOPMENT CORPO-
RATION, by his Petition, has 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. That the City Council of th~ City of Delray Beach,
Palm Beach County, Florida, hereby annexes to said City the following
described tract 'of land located in Palm Beach County, Florida, which'
lies contiguous to said City, to-wit:
Lot 17, Block 2, First Addition to Del-Raton Park,
according to the Plat thereof on file in the office
of the Clerk of the Circuit Court in and for Palm
Beach County, Florida, recorded in Plat Book 24,
Page 46.
SECTION 2. That the boun~aries of the City of Delray Beach,
Florida, are hereby redefined so .as to include therein the above de-
scribed tract of land and said land is hereby declared to be within
the corporate limits of the City of Delray Beach, Florida.
SECTION 3. That the tract of land hereinabove described is
hereby declared to be in Zoning District RM-1, as defined~.-by existing
ordinances of the City of Delray Beach, Florida.
SECTION 4. That th~ land h~reinabove 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 there-
on 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 bO 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
24th day of '~ar~h , 1969. ' -
~ /S/ J. L. Saunders
ATTEST: M A Y O R
/S/_.R.D. Worthin~ ~ _.
City Clerk
First Reading ~ Febr~u.a~Y .2~., 1_969 _ Second Rea~ing Ma=ch 24,_ 1969
58-L
RESOLUTION NO. 12-69.
A RESOLUTION OF TH~ CITY couNci, L OF THE CITY
OF' DELRAY BEACH, F~ORIDA, LEVYING COSTS FOR
DEMOLITION OF BUILDINGS UPON CERTAIN L~NDS
LOCATED WITHIN SAID CITY; SETTING OUT ACTUAL
COSTS INCURRED BY ~AID CITY TO ACCOMPLISH
SUCH DEMOLITION AND LEVYING THE COST FOR SUCH
DEMOLITION AS A SPECIAL ASSESSMENT, AND
CLARING SAID SPECIAL ASSESSMENT TO BE A LIEN
UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY
REPORT OF THE BUILDING OFFICIAL OF DELRAY
BEACH, FLORIDA.
W~EREAS, the Building Official of the City of Delray
Beach, did, on the 18th day of November 19 69 _ ,
mail notice of unsafe structure listing the violations of ~he pro-
visions of Chapter 15A of the Code of Ordinances, Housing Stand-
ards, to: ~Church._g.~..t. he Livih~ God ........ ..~ .......... concerning
South 75 feet of North (name)
225 feet of East 135 feet of Block 20, Delray Beach.
(legal description of property)
located at 66 thru ~70 N. W. 5th Avenue ; and
WHEREAS, the owner hereinabove named did fail and neglect
to comply with the notice, and the City did provide for correction
of said determined violation at a total cost' 'of $ 895.00 ; and
WHEREAS, the owner hereinabove named did fail to pay the
cost of $ 895.00 to the City of Delray Beach within the speci-
fied time~ and' a ~ub"iic hearing was provided in compliance with the
r~gulations set forth in subparagraph (c), Section 15A-41 of the
Code of Ordinances.
NOW, THEREFORE, BB IT RESOLVED BY T~ CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
1. That an assessment in the amount as shown by the re-
port of the BUilding official of the City of Delray Beach, involving
the City's cost of abatement of said nuisance having been determined
by the Building Official, to exist on the land hereinabove described,
is levied as a special assessment against said described land. Said
assessment so levied shall, be a lien upon the land described herein,
of the same nature and to~.the same extent, as the lien for general
city taxes and shall be collectible in the same manner'and with the
same~nalties an~ und~ t~ same provisions as to sale and foreclo-
sure as city taxes are co~e~tible, and shall become effective im-
mediately upon the a~option Of this resolution and shall bear inter-
est thereafter at the rate of six per cent (6%) per annum. ~he
owner may pay the amount of such lien, including interest, in thirty
(30} equal, consecutive, monthly installments, commencing on the
first day of the month following the adoption of this resolution.
2. That a copy of this resolution sha~l be served on the
owner of the above described property by certified mail within ten
(10) days of the date of its adoption, and a copy of this resolution
sha~l be published once each week for four consecutive weeks in a
newspaper of general circulation within the City.
PASSED and ADOPTED in regular sesS~o~ on the 24th day
Of March , 19 69
/S/ J L. Saunders
ATTEST: M A.~¥ O R