Loading...
06-23-69 JUNE 23. 1969 A regUlar meeting of the City Council of the City of Delray Beach was held in the Council Chambers at-8~00 P.M., with Mayor J. L. SaunderS in the Chair, City Manager David M. Oatchel, City Attorney G. RObert Fellows, and Councilmen John L. Pitts, III, James H. $che~fley, James B. Wilson and O. F. Youngblood being present. 1. An Opening Prayer was delivered by Rev. J. Marvin Sweat. 2. The Pledge of Allegiance to the Flag of the United States of Amerioa was .given. 3. The minutes of the regular Council meeting of June 9, 1969, were unan~ously approved, on motion by Mr. Wilson and seconded by Mr. Pitts. 4. ~l%,cerning a letter received from the Beach Property Owners'~ Asso- c..fathOm' Inc., regarding the Beacl3 Revetment, the City Manager was inst~',cged to schedule a workshop m~eting for Monday, June 30, at 8~00ii P'.~M., with the City Counc£1 add the Executive Committee of that orga,~ZatiOn for the purpose of answering any questions they might have, ' 5. Mr. Pitts commented on a beach nourishment project currently in progress at Treasure Island near St. Petersburg, with participation by the FeederS. I,. State and Coun,ty gover.nments, and req~estea..the admin:,~ ,fstration to~ get, all ...available informati6n concern,ing~~ s.ame. $. Schei ..... 1ey paid tribute to the la e.aeary ~. , Si f . d,'· who~'' was President of'~he Delray, Beach Con~ni~Y '~hest. ' Mr,. W£1son m°%ed that an ~off~cial copy of said tribute be sear'to Mr, Sidford~s widow. The motion was. seconded by Mr. Pitts and carried unanimously. 5. Mr.. Wilson co.anted on a recent trip that h;e, .Chairma~ John Gomery Mrs. '.Clarence ~lume and Mrs. James Bowen of the BeaUtifieati°n Commit- ~tee made to Boca Raton to discuss the functions and effectiveness of their Beautification Committee with its Chairman. He said this .com- mittee is an arm of their Planning add Zoning Board, but acts inde- pendently and has been quite successful. Further, he suggested that .the Council's forthcoming study of planning and zoning include a thoroug~ analysis~ of. Boc.a Raton~s beautification .ordinances to .deter- mine if De!ray,s ora!nantes might be improved. $. Mr;.-Wilson suggested that. in its badger discussions, the Couacil consider ways and means of providing an "Action Line" at City Hall, which would be a separate telephone number that ciitzens C°Ula call to Voice complaints, make suggestions, etc. Further, one person would be responsible, for taking the calls, giving complaints to the .proper departments and maintaining a follow-up.. 5. Mr. Yo,ungbloo~.reported that .seVeral, 6f the CitY".s. garbage men' had complained tO hi~.'.ahout the caliber of the personnel"furnished t~e City ,by the. B'. & S. Farm Management CorPOration, and: that he had ad-. v[se~ them t6~ come tO the Council mee,t.$ng and voice their. Complaints to the.: e~tire' council. 6.a. The City Manager informed CounCil that the 1969 S~uth Palm Beach County Soap Box Derby is scheduled for Saturday, JuLy .!9..and...that its Sponsor Chairman, Skip Crawfor'd, joined-by Co-D~rector,. Ralph Matheny, again request .City of Delray Beach par,~ic~pat~on through donation, for prizes,, of, $57.50 covering cost of a $50..00 Savings,, Bond, namely $3?.50, and $20.00 for a trophy: Further, that the:pleasure of Co~u3c£1 con- Cerning Such .donation, being a...i~,~lar to that provided in rec~nt years, is requested and sub~ect to approval for such participation, authori- zation should be made for an approlzjr~.%Zion i,a said. amount from the 6-23-69 General' F.un~ Contingency AcCouht. Account, was unanxmously ~ranted by Co~cil, on mo~:~gh by ~. Wilson and seconded by ~. Youngblood. ,' · ?.a, The ~ty Clerk reported that this ~tem had b~en w~thdrawn. ?.b. Regarding a request for O~ening, grading and 9aving of ded~cate~ ~ublic r~ght~f~ay, City Clerk Worth~ng reporte~ as follows= "A ~et~t~on has been rece~ve~ from all ~ro~erty owners whose ~rties front on the west si~e of S. W. loth Avenue.between 2ha and 3rd Streets, re~esting the o~ening, gra~ng an~ ~av~ng of that port,on S. w. 10th Avenue. Sai~ ~ro~erty o~ers und~rstan~ their resgons~- b~l~ty fo= sharing ~n the cost of such ~m~rovement.. However, the ~roperty abutting sai~ ~rtion o~ S. W. 10th Avenue on the ~ast si~e thereof, which no~akly would be subject to sharing its p~o~rtionate cost of such an improv~ent, in this ~articular ~nst~ce ~s not l~able for such cost sharing participation ~nasmuch as it is o~e~ by the Palm Beach County Boar~ of ~bl~c Instruction, which ~dy woul~ not accept nor recognize such res~nsibi~ty nor assessment against their 10 acre tract of lan~, which at one t~e ha~ been ack,red with the intent ~ construct an elem~tary, school on the lan~. ~s ~roje=t was abandone~ an~ move~ to S. W. loth Street favor of Pinegrove El~entar~ SchoOl. Council attention is calle~ ~o the fact that the School' Board ~s ~rre~tly ~n~iaer~ng placing this yacht 10-acre tract on the market an~ may, therefore, d~s~se of same to ~r~vate ~ntereSts ~n the near futur~~ Shoul~ such transfer of 1.~d ownershi9 take ~lace, a more~ fair an~ equitable sharing o~ street ~rovemen~ =~Sts ~ul~ be made ~ossib~ othe~ise, to ~via~ ~or ~ o~n~ng, gra~ng and ~av~ng at this ~me, the C~ty ~ould not only be subject to'.-~ts ~=mal 20~ of t~e ~rojeC~ =cst, but would also be subject to absorbing th~ total share of ~.~. cost as assessable against the School Board's property. CounCil may a~grove i~e~ate ~rov~ent o.f that ~ion of $. W. lOth Avenue with full knowleage of the costs ~el~..~'thereto to be ~.rne by the City, or possibly defer such authorxza~ion for a limi~ ~eriod, at the end of which t~e it may be more ~avorable to gran~ th~ petition, and with the further assurance .that t~ a~inis- tratiOn will provide for the present roa~ay access' to those p~erties being maintained." ~.. Youngbloo~ moved that the City defer this petition pending the o~tc0me.-of., the County School '~ard's ~ction in order to p~vide ~ fair cost shariRg for all the '6itizens of that area; further, that the road be maintained during that t~me. ~e motion was seconded by ~. P~tts and unan~ously carrie~. ~. W~lSon sUggeste~ that this item' be reviewed in 90 days. 7.c. Regarding a petition for use of the Co,unity Center Auditori~, ~ity Clerk Worthing re, fred that the Delray Beach Ch~ber of Co~erce re~ests the use of the Center's au~itori~ on Saturday, July 12, 1969, for holding a ~ncert, to uo~ence at 8=00 P.M. The entertai~ent will be provide~ ~ the 'Scholarship Concert' and the 'Arisers' and is for the b~efit of those religious groups. Further, the Co,unity Center auditori~ progr~ing will not, in any manner, be affecte~ by thi~ 'Concert and, having been approved by the Director of Recreation it ~s reco~ended that this petition be granted. ~. Pitts moved that the .petition be granted, 'the motion being seconded by ~'. Youngblood and unanimously carried. 7.d. Regarding a: re,est for abando~ent of a utility easement in Blue Seas S~di~ision, C~ty ~1~rk Worthing info,ed Council that a petition has been receive~ from the 'owner of Lot "A" less the north 6-23 -69 · 103 45 feet thereof, and all of Lots 1 and 2 - in Blue. Seas Subdivision, requesting abandonment of an easement lying between Lot I and Lot Further, that it is reconunended this request be referred to the Director of Public Utilities and the City Engineer for their review thereof and recommendation as a result of their findings. Mr. Youngblood moved that this request be referred as recommended, the motion being seconded by Mr. Wilson and unanimously carried. 7.e. City Clerk Worthing informed Council that an application for a Special Motel Liquor License has been received from Mr. John W. Radebaugh, on behalf of the QUALITY COURTS, located at 1~11 East Atlantic Avenue, and meeting the requirements of the State Beverage Department for a Special (Non-quota} Liquor License, and having been approved by that Agency, as well as the City's law enforcement divi- sion, it is recommended that this request be granted. Mr. Pitts moved that this request for a Special Motel Liquor License be granted. The motion was seconded by Mr. Younglood and unanimously carried. 8.a. City Clerk Worthing presented RESOLUTION NO. 29-69. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF SPANISH TRAIL AS SHOWN.ON THE PLAT OF TROPIC ISLE, 4TH SECTION, jACCORDING TO THE. FLAT" THEREOF RECORDED IN PLAT BOOK 25, PAGES 69 AND 70, OF THE PUBLIC RECORDS OF PALM. BEACH COUNTY, FLORIDA.. : (COpy of ResolutiOn No. 29-69 is at~auhed t0'I thiS.Official copy of t,hese minutes.) See page 106-A. . "' '-ReSolution No. 29-69 was unanimously passed ahd adopted on this first and final .reading, on motion by Mr. Scheifley ..and secoaded by.. Mr. Wiison. 8,b...'~.(~. City. Clerk: pre"~nted ORDInANcE NO. 24,~69, ,. '"i -~' AN ORD'ztUU e . oF CITY COUNCIL OF THE CITer. Dlmm~¥. ~)E.aCH, FLORIDA, AI~EXXNG TO TH~:' CITY OF DELRAY BEACH C~.RTAIN LAND, NAM~.LY LOT 65, DELRAY BEACH SHORES, 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 THERe. OF. (Copy of Ordin,a~.ce No. 24-69 is a.~tached to the official co~y of these minutes.) See page. 106-B. A Public'Hearing,(haVing been legally a~ve=tissd in &ompl~ance with the laws o~ the State of Florida a~d the Charter of:-the C'i~y of Delray Beach, was held, and there being no~.o]~ec~i°ns to Ordinance No. 24-69, said. Ordinance was UnanimoUsly passed and adopted 'on this second and final ireading, ~n motion by Mr~ youngblood"and Seconded 'by Mr. Wilson.. 8. c. City Clerk Worthing presented ORDINANC~ NO. 25,69~ .. AN ORDINANCE. OF 'THE" CIT DELRAY BEACH, FLORIDA, ANNEXING'TO TItS CITY OF ... . DELRAY BEACH, LOTS 1~ THrOUgH 44' INCLUSIVE, BLOCK 18; LOTS 1 THROUGH 44 INcLusIvE, BLOCK 19; LOTS 1 THROUGH, ? 'INCLUSIVE AND. LOTS ~ 10 THROUGH 20 IN- CLUSl~;E,~ BLOCK..1, DEL-RATON" PA~K SUBDIVISION;':'" ' AND ALL ~XISTING S ?~REIN,'~ THOSE,. 'PORTIONS OF AVENUES "A", "S", ~ND -~- . 6-2~M69 WESTERLY FROM STATE ROAD NO. 5 (DEL-P~TON BLVD.), 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 PROVID- ING FOR THE ZONING THEREOF. (Copy of Ord£nance No. 25-69 is attached to the official copy of these minutes.) See page 106-D=E. A P~blic 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 objections to Ordinance No. 25-69, sa~d Ordinanc® was unanimously passed and adopted on this second and final reading, on motion by Mr. Scheifley and seconded by Mr. Wilson. Mr. Bill KOch, representing the petitioner, asked that the Council allow the petitioner to replat the' subject property, as well as that covered in Ordinance No. 26-69, to make these lots compatible with present day zoning. He was instructed to submit a plat for Council cons ider at ion. 8.d. The City Clerk presented ORDINANCE NO. 26-69. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOTS 8 AND 9, BLOCK 1, DEL-BATON PARK SUBDIVISION, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUN~ICIPAL LIMITS OF SAID CITY; REDEFIN- ING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR THE ZONING THEREOF. (COPY of Ordinance NO. 26-69 is attached to the official copy of these mlnutes.) see 'page 106-C. A ~ublic 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 objections to Ordinance No. 26-69, said Ordinance was unanimously passed and adopted on this second and final reading, on 'motion by Mr. Wilson and seconded by Mr. Youngblood. 8.~. City Clerk Worthing presented ORDINANCE NO. 27-69. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELBAY BEACH, LOT 1, BLOCK 2, AMENDED PLAT OF LAKE IDA GARDENS, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFIN- ING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; ~ROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR THE ZONING THEREOF. Ordinance No. 27-69 was unanimously placed on first reading, on motion by Mr. Scheifley and seconded by Mr. Pitts. 8.f. The City Clerk presented ORDINANCE NO. 28-69. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 27 OF THE CODE OF ORDINANCES OF THIS CITY .PERTAINING TO SEWER CONNECTION CHARGES. Ordinance No. 28-69 was unan'~mously Placed on first reading, on motion by Mr. Wilson and seconded by Mr. Pitts. ~4- 6-23-69 105 9.a. Regarding consideration for SITE ~LAN approval of Building No. 5, in the Bermuda High South development, city Clerk Worthing reported as follows ~ . '" "The Planning & Zoning Board, with six members being available, · understands that the plans for development and construction of Build{fig Units Nos. 3, 4 and 9 in BERMUDA HIGH SOUTH were submittedi':I to the City in August of 1967, and July of 1968, in support .of petitlions for annexation of the 300 feet lying between AiA and the Ocean under R-3 zoning. Building No. 5, as planned in 1968, was apparently approved bY: the city in July of that year as evidenced by the City having issued Permit %1009 for construction of Building No. 4, and inasmuch as one set of plans, as were shown to Council, for SITE PLAN consideration at the last workshop meeting, provided construction plans for both Build- ings NOS. 4 and 5. In conformity with the provisions contained in Chapter 29-7.5% of the City,'s-Code of Ordinances, SITE PLAN approval for Building No. 5 is recommended and concurred in by the Board." Then the City Clerk read the Planning and Zoning Board rep(~rt, dated June 23, 1969, as follows= "Six of the seven Planning an~Zoning Board~.members'contacted Voiced no objections concerning the issuance of a building permit without th~ COmpletion of the required .Si2e Plan process. Theyc°n- sidered their action as unofficial beCaUse of the peculiar circumstances in which this project is placed: 1, Annexation into the City was based on the recognition of the project's site plan. This plan has been ad- hered to from the start of. construction: and,.by and large, displays the requirements made necessary by the RM-1A ordinance. . 2,. The BERMUDA HIGH project hasbeen under constructio~ since 1966, and predates the ordinance requiring the Site Plan process. · The Board felt that final action'sh°uld be based on past official action associated'with the project, and that the structures remaining to be built should conform with the standards of RM~IA ordinance." Mr.. Sche.ifley moved that the Site Plan of Building ~No. §, in the Bermuda.H~gh South development, be approved, the motion being seconded bY Mr. Pitts and unanimously carried. 9,b. City Clerk Worth~ng read the BeautificatiOn Co~mi{tee report, 4ated June 11, 1969. Mr~ SCheifley Commented that the building west of the Eon Airs Park is an~.eyesore, and suggested that the'Beautification COmmittee contact the owners and ask them to paint the Wall facing the park. Mr'. Gatchel reported that the owners of the building plans to demolish it as soon as the present tenants can be relocated. 10.a. Mrs. J. H. Shellenberger, 320 N. W. 9th Street, presented a petition signed by 25 property owDers inher neighborhood, objecting to teen dances which are currently being held at the boat house in ~he County Park on Lake. Ida, and'aSked why these dances~could not'be held at the community Center, which would be much more suitable.. She said that it was not only'the loud music being played so late at night that caused a disturbance in this quiet residential neighborhood, but also the speeding and loud'cars and the beer cans and other debris which was thrown into residents' yards. After discussion, the City Manager was instructed to contact the County Commission concerning thiS'condition and see if it can be alleviated. -5-' 6-23-69 10.a. Mrs. Margie Smith Cunningham a~peared before ~ouncil ~arding her petition for Permissive Use for the New Jerusalem Bible S~dy Missionary Service and new church. City Clefk Worthing reported that a Public ..Hearing is being scheduled by the Planning and ~.oning Board and that she would be notified of same. .. .... 10.b. City Manager Gatchel referred to discussion at a recent work- shop meeting concerning a pOlicy set by the Council in regard to negotiating with developers and contractors on a plan for sharing the City's costs for extension of s~wer service to undeveloped areas. He requested permission to SO negotiate and submit a recommendation to Council for their final, approval. A motion was made by Mr. Pitts, Seconded by Mr. Wilson and unanimously carried to grant the adminis- tr~tion authority to proceed with such negotiations. 10.b. The City Manager referre~ to recent discussion concerning the feasibility of~solid waste disposal through a transfer station and a contract with a private ~ncern for hauling. He requested permission to make a trip on Thursday, June 26, to Lancaster, Pennsylvania, to inspect a transfer plant which is considered to be the best installa- tion of this type in the eastern half of the United States. The Council expressed its-approval for such an inspectiOn. Mr. Scheifley commented that he would also like to see some in- formation on. incinerators,-.as he would not wish to make a final deci- sion on a transfer plant without first considering the alternate solu- tion of incineration. It was pointed out that there are several incinerators in Florida which the Council as a whole might wish to inspect. 10.c. City ¢lerk. Worthing presented Bills for Approval as. follows: General Fund $197,445.07 Water Operating & Maintenance Fund 6,838.27 Water Revenue Fund 24,245.58 Special Assessment FUnd 1,202.00 Refundable Deposits Fund 2,317..76 Beautification Fund 99.00 Improvement ..Fund 165.41 Capital- Improvements Constru=tion Fund 56,691.41 Sewer Revenue Fund 31,000.00 Sewer Operating & Maintenance Fund 30,251.17 Cigarette Ta~ Fund 28.25 Sewer Construction Loan Fund - First . Federal Savings & Loan Association of M~ami 1,186.94 The bills were unanimously approved for payment, on motion by Mr. Youngblood and seconded by Mr. Wilson. The meeting adjourned at.9:07 P.M. R, D. WORTHING City Clerk A~PROVED: /S/ James B. Wilson --v T -C --- :" -6- 6-23-69 106-A P,:i~OLUTION NO. 29-69. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, V~ATING ~D A PORTION OF SP~ISH T~ AS SH~ ON ~ ~AT OF TROPIC ISLE, 4~ SE~ION, ACCO~ING ~ T~ P~T T~EOF ~CO~ IN ~T B~K 25, PAG~ 69 ~D 70, ~ T~ ~LIC ~CO~, OF P~ B~CH off the lo~s abutting the herainafter .d~sartbed ~r~lon of Trail" have made application ~o Che City: ~ounc~l of the Cik~ of Delray Beach, Florida, to VaCate sa~d ~rtion of "Spanish Trail" on ~he Plat of Trop$9 Isle', 4th ~ection, .ac~rding [o the pla~ thereof recorded in Plat ~ok 25, Paqes 69 and ~.0, off the Public Re,fda Palm Beach County, Florida~ and ~~, said, ~rtion of the hereinafter described right- of-way has never been Opened or used ~ the City of. ~!r~..Beach, and is de.ed' unnecessa~ ~ said City; ' '" ~a~ Pu~suank. ~o Section Sevin ('7), paragraph~ree (3) of the ~ar~er for ~he. City: of Delray..Be~, 'Florida, It.. ia mined %o vaca~e.~.and aband~ .~y. ~t~kle. ~d interest :in..and low[n~ described p~gper~y t .... · ~ .. CO~encin~ at the $o~thwes~ter[y .corner of Lo~ 476 of. the, afore- :mentioned eubd~v!sion.,.' being a ~nt on ~he East right-or,ay of said Spanish ..Trail; thence.~ on: an ass~ed bearing 9f. South 2o47'51" East along .said East riqh~of.~ay ltne~.-a dtm~amce of 136.12 feet ~ the POINT OF BEGI~I~ thence continue Sou~h 2°47'51~ East.along~ s.a~d~.riqh~f~ay .line, a. distance of 50.77 feet to a ~int~ of .curvatures. thence:.Southerly along right,f-way line, being the arc of. a .cu~e..~ the r~qht, hav- 'n ~ g a radius of 150.61 feet-, a central angle of 50o26'28", for an. arc .dis.ta~e of 132.~59~ feet .to .a ~int.of ,tangent; thence Sou~h 47°38'37" West along said right~f~aF li~e., a~distance of 37.10 ~eet to a ~int of cu~ature; thence Westerly into the right~f~ay':of..: sa~d. Spanish Tra~l; be~ng'.'the, arc of a cu~e ~ the. right, having a radius of 75.00 feet, a central angle o~ 76°13'33", for ~ arc distance of 99.78 f~t 2o a ~nt on the c~rcuL~ right~-way 1ine of sa~d Spanish Trail, being a ~int of reverse curvature; .thence Westerly along said 'r[~h%16~aY i.[nei'~'~e~"~ ~r~e ~ '-the left, having a radius o~ 135.00 f~t, a c~tral ~gle of 33o52'10", for an arc dis- tance of 79.80 feet to a ~t; thence ~e Sas~ intO aforesaid right.f-way of Spanish Trail, along a line t~g~t to Iasc describ~ cu~e, a dist~ce of 71.66 feet ~o a ~int of curvature; thence Northerly a'!'O~g., the arc of ..a curve., to the left, hav~g a radius of 170.00 feet, a central ~gle of 92°47'51", for an arc distance of 275.33 feet to a ~int of tangen~ with aforesaid'East .right~f~ay line of Sp~ish Trail, being the ~XNT ~ BEGI~ING. A~ve d~r~ 1~ ..situate, lying ~d b.e~g in ~lray Palm Beach Count, Florida, and ~ntaining 0.191 acres more or less. PASSED ~D ~~ ~n re~l~ session'.on 'this the 23rd Of.< Jute, 1969. ,=~$./ J- L. Saunders C it~ C~erk 106-B ORDINANCE NO. 24-69. AN ORDINANCS OF THS cITY COUNCIL OF TBE CI~ OF DRaY ~,~ P~OR~DA,, ~A~X~ ~ ~ C~ OF DE~Y BEA~ ~RTAIN ~, ~Y ~T 65, DRaY B~ SHO~$, ~I~ LA~ IS COPIOUS ~ E~ST- lNG M~ICZP/L LIMITS OF SAID CITY; ~RFI~ T~ BO~A~ES OP SAID CITY TO INCL~E. SAID ~; PRO- ~DI~ .FOR ~ RIGHTS A~ OBLI~TIONS OF SAID ~; A~ PRO~DI~ FOR T~ ZO~NG ~OF. WHEREAS, ERIK PATOJARV~ and MAIJA-LIISA PATOJARVI, his wife, are the fee simple owners~ of the property hereinafter described, and WHEREAS; ERIK pATOJARVI and MAIJA-LIISA PATOJARVI, 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 w~th.Section.185.1 of the City Charter of said City granted to it by the state of ~torida; 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. !and located in Palm Beach County, Florida, which lies contiguous to said City, to-wit: Lot 65, DELRAY BEACH SHORES, accOrding to plat thereof recorded in Plat Book 23, Page 167, Public t%ecords 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 Distric~ R-1AA as defined bY existing ordinances of the City of Delray Beach, Florida, SECTION 4. That the lands hereinab°ve described shall im- mediately become subject to all of the franchises, privileges, immuni- ties, debts (except the existing bonded indebtedness), obligations, liabilltfes, 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 i11egaI by a court of Compe- tent'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 23rd day of June , 1969. MAYOR ATTEST: /S/ H:~'mD. Worthi~ City Clerk First Reading June 9, 1969 Second Reading June 2.3.,...!969 ~.~, 106-C ORDINANCE. NO, 26-69,. AN ORDINANCE OF THE CITY COUNCIL OF THE CITy OF DELRAY BEACH, FLORIDA, ANNEXING T.O THE CITY OF DELRAY BEACH, LOTS 8 'AND 9, BLOCK 1, DEL~RATON PARK SUBDIVISION~ WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; R~DEFIN- ING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PROVIDIN~ FOR THE ZONING THEREOF. WHEREAS, HOM~ BERNIER and THE SouTHFIELD CORPORATION are the fee simple owners of the property hereinafter described, and WH~R~S, HOMER BERNIER and THE SOUTHFIELD CORPORATION, by. their Petition, have consented and given permission for the annexation of said property by the City of Delray Beach, and WHEREAS, th~ 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, PLORIDA, AS FOLLOWS: SECTION 1. That the City Council of the City of Delray Beach, Palm Beach County, F16rida, hereby annexes to s~id City the following described tracts of land located in Palm Beach County~ Florida, which lie contiguous to said City, to-wit: Lots 8 and 9, Block 1,~ DEL-RATON PARK Subdivision, as appear on Page 9, Plat Book 14, in 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 described tracts of land, and said lands are hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. That the lands herein above described are hereby declared to be in Zoning District C-2 as defined by existing ordi- nances of the City of Delray Beach, Florida. SECTION 4. That the lands hereinabove, described shall immedi- ately become subject to all of the franchises, privileges, immuni- ties, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be, and persons 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 jurisdiction, ~uch record of illegality shall in no way affect the remaining portion ~ PASSED in regular session on the second and final reading on the 23rd ~ay of June , 1969. /S~ J~ .L .... .Saunders .... __ ATTEST: M A Y O R /S./. R. D. WorthSn~ City Clerk First Reading Jun9 9, 1969.._ _~ Second Reading . J.une. 2~..,~.~969 _ ORDINANCE NO. 25-69. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO T~J~ CITY OF DELRAY BEACH, LOTS I THROUGH 44 INCLUSIVE, BLOCK 18~ LOTS 1 THROUGH 44 INCLUSIVE, BLOCK 19~ LOTS i THROUGH ? INCLUSIVE AND LOTS 10 THROUGH 20 IN- CLUSIVE, BLOCK 1, DEL-RATON .PARK SUBDIVISION, AND ALL EXISTING ALLEY~%YS THERE~N, ALSO T~OSE PORTIONS 'OF.~VENUES "A", "B" AND "C" RUNNING WESTERLY FROM STATE ROAD NO. 5 (DEL-RATON BLVD. ), 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 PROVID- ING FOR THE ZONING THEREOF. WHEREAS, JAMES G. HUMPHREY and SALLY H. TOM~ are the fee simple owners of the properties first described, and WHEREAS, JAMES G..HUMPHREY and SALLY H. TOM~, by their. Peti- tion, have consented and given permission for the annexation of said properties hy the City of Delray Beach, and WHEP4~AS, the City of Delray Beach has heretofore been au- thorized to annex lands i~ 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 'Deiray Beach, Palm Beach County, Florida, hereby annexes to said City the following described tracts of land located in Palm Beach County, Florida, which lie contiguous to said City, to-wit: Lots 1 'thru 44.-inclusive,. being.'ALL of 'BLock'.IS= '. Lots 1 thru 44 inclusive, being ALL of Block 19; Lots 1 thru 7 inclu3ive and Lots 10 thru 20 in- clusive of Block 1; said Blocks 18, 19 and 1 being in DEL-RATON PARK Subdivision as appear in Plat Book 14, Page 9, Public Records of Palm Beach County, Florida. All existing alleyways within Blocks 18 and 19, Del-Raton Park Subdivision, as appear, on Page 9, Plat Book 14, Public Records of Palm Beach County, Florida. Those portions of Avenues "A", "B" and "C" running westerly from State Road No. 5, (Del-Raton Boulevard) in Del-Raton Park Subdivision, as appear on Page 9, Plat Book 14, 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 tracts of land, and said lands are hereby declared t° be with- in the corporate limits of the City of Delray Beach, Florida. Page 2. Ordinance No. 25-69. SECTION 3. That the.lands herein first above described are hereby declared to be in Zoning District CL2'a'S defined by existing ordinances of the city of'Delray Beach, Florida. SECTION 4. That the lands hereinabove described shall immediately become subject t0"all .of the franchises,' privileges, immunities, debtS; obligations,.liabilities, o~dinances'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 juris,diction, such record of illegality shall in no way affect the remaining portiOn. PASSED in regular session on the second and final reading on the 23rd da~ of June , 1969. - /S/ J..,_ L. Saunders~ MAYOR ATTEST: City Clerk First Reading _~une .9,..!969 .... Second Reading ~_Ju~e~23. 1969 688 .