07-14-69 · ,107
JULY 14, 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 Vice-Mayor James
B. WilSon in the Chair, City Manager David M. Gatchel, City Attorney
G. Robert Fellows, and Councilmen John L. Pitts,
Scheifley and O. F. Youngblood being present.
1. An opening prayer was delivered by the Rev. J. D. Edwards.
2. The Pledge of Allegiance to the Flag of the United States of
America was given.
X. Vice-Mayor Wilson announced that Mayor Saunders is on vacation.
3. The minutes of the regular Council meeting of June 23rd, 1969, were
unanimously approved, on motion by Mr. Pitts and seconded by Mr.
4. City Clerk Worthing said that at the last regular meeting Council
paid tribute to the late Henry J. Sidford, past President of the Delray
Beach Community Chest, and then read the following letter from Harriet
Sidford, dated July 9th, from Manchester, Vermont:
"It is with great gratitude to the City Council that I write to
you, from me and the childr'en. The tribute that you paid Henry
will be cherished by all of us. He loved Delray Beach and had
the'ability to show that love."
5. Mr. Pitts said that several meetings, ago therehad been disCuss~0n
of beach nourishment at TreaSure Islan4 and the success they'had in
obtaining money from the different governmental agencies to carry out
that program.
He said this had been discussed at a recent Workshop meeting, and
the recommendation of Glace Engineering that the City FHrsue beach
nourishment had been pointed out.
He referred to a newspaper item regarding an under-water dredge
that will be tested, August 15th at Ft. Pierce. This 28-foot cylinder,
developed by a Ft. Lauderdale Company, wilI rest on the ocea~ floor
and pump sand'onto the depleted beach. The experiment will also show
how long the two-man crew can work submerged without relief.
Mx. Pitts said that he would like for some of the City Administra-
tion to observe this test.
Mr. Pitts referred to a newspaper item concerning the U. S. Army
Corps of Engineers in Washington reviewing plans for'the 1.2 million
dollar beach replenishment program of the Broward County Erosion Pres"
vention District of which approval could be granted early next month._
This article Stated that the financing of said 1.2 million dollar re-
plenishment project will be done on a governmental 'matching basis with
the Federal Government being the largest Single contributor in the
amount of $600,000; the ~tate $300,000; the County $240,000; and the
Cities, sharing benefits, will split the remaining cost of $60,000.
He Said these twO.things regarding beach nourishment should remove
any reluctance on the part of the City to get into this and n~t be the
last ones to d° so.
Vice-Mayor Wilson suggested that the City Manager get all the in-
formation possible on the last item r~ferred to by Mr. Pitts, and see
where ~t can be applied to the City's problem, after it has been. -
thoroughly reviewed.
5. Mr~ Pitts said there had been an announcement several weeks ago
that the 'State Highway Department is Planning to four-lane AIA, per-
haps within four years, at a cost of some thirteen billion dollars,
and that 'OCean Ridge has launched a protest':~gainst such four-laning.
He said he-desires that said item be discussed at a workshop meeting
so that the desires of Council and the~ people of the City w~11 be known.
5. Mr. Scheifley referred to an ordinance passed by eouncil approxi-
mately eighteen months ago which created the RM-1 Zoning District, and
of ordinances recently passed creatingRM-1A and RM-2 Zoning Districts,
which are the three'Multiple Family Dwelling Districts'in various areas
of the City. Purther,'the ordinances creating the RM-1A and RM-2 dis-
tricts specify building height limits in.those districts, but the RM-1
district has no building height limit, and said he feels it is necessary
for a height limit to be established in that district before someone
with sufficient area in the center of t~wn requests a permit for a
building that will beabout twenty or thirty stories high.
Vice-Mayor Wilson suggested an early workshop meeting with the Plan-
ning and Zoning Board. at which time said Board would present its rec-
ommendation for a building height limit in the RM-1 District.
5. Mr. Youngblood referred to the parking of trucks and busses in
various areas of the western section of town and said he had received
complaints concerning same, particularly of busses being unsightly,
and also very noisy early in the morning, on N. W. 1st Street at 3rd
Avenue and N. W. 2nd Street at 7th Avenue. He asked if. something
dould be done about that, and~ same was referred to the City Manager.
5. Vice-Mayor Wilson said he had observed the shabby appearance of
City property on the ocean front, and that some thought should be.
given to painting the lifeguard stands, benches, and municipalpool
building.
6.a. City Manager Gatchel reported that at the regular meeting held on
March 24th, Council authorized the updating of the City's Classifica-
tion and Pay Schedule Plan, commensurate with services rendered.and
with full recognition of an analysis resulting, from an Area Wage and
SalarySurvey of both the labor market and municipal operation, by the
Prank C. Brown & Company, Inc.
City Manager Gat~el introduced Mr. George F. Cody of the Frank C.
Brown & Company, who presented Council and the Administration with
copies of the proposed wage and salary revised schedule, and explained
and commented on various sections of said schedule.
The City Manager reminded Council that it did take action about ten
days ago to implement this program, effective Monday July 7th, based
on preliminaryinformation presented to Council at that time, and said
he feels a motion to accept this report as presented, and to implement
it as of July 7th would be in order. It was so moved by Mr. yoUngblood,
seconded by Mr. Pitts and unanimously carried.
7.a. City Clerk Worthing informed Council that a petition and appli-
cation for Liquor License in conjunction with the operation of the
Outrigger Restaurant and Lounge, at 6 South Ocean Boulevard has been
received. Further, Mr. Don Amoroso, the applicant, has been investi
gated in the manner required by the laws of the City,'as pertains to
dispensing of alcoholic beverages, and approved by the local law en-
forcement division, as well as the State Beverage Department, andit
is recommended that the application be approved and the request
granted.
'Said application was unanimously approved and the request granted,
on motion by Mr. Scheifley and seconded by Mr. Youngblood.
7.b. Council was informed of an application having been received for
transfer of a Beer & Wine License, consumption on the premises, in
conjunction with the restaurant_located at 25 S. E. 6th Avenue. Fur-
ther, the applicant and new owner, Sue W. Mori, has been investigated
in.the prescribed manner and approved by the State Beverage Department
and the local law enforcement division, and it is recommended that the
petition be granted.
Said petitionwas unanimously granted, on motion by Mr. Youngblood
and seconded by Mr. Scheifley.
7.c. City Clerk~rthing informed Council that the Military Order of
the Cootie, a b~h of the V.F.W.' POst 4141, is'.lnau~urating its
-2- 7-14-69
,109
first Annual Cootie Golf Tournament August 31, 1969, at CypreSs Creek
Golf Course, the proceeds from which are intended to provide ~
EMERGENCY ROOM at the BethesdaMemorial Hospital, and are asW~g...Coun-
cil endorsement and permissionto, effect the sale of tickets for this
tournament.
Unanimous endorsement~and approval of same was given, on motion by
Mr. Youngblood and seconded by Mr. Pitts.
7.d. The City Clerk presented a petition from Mr. Jack Maynard for re-
zoning of Lots 11 through 30, less Lots 26 & 27, Carver Square Subdivi-
sion, from R-1 Single Family Dwelling District, to RM-2 Multiple Family
Dwelling District, and informed Council that it may deny this request
or refer same to the Planning & Zoning Board for review and public
hearing thereon, to be followed by recommendation to Council as a re-
sult thereof.
Said petition was unanimously referred to the Planning/Zoning Board,
on motion by Mro Scheifley and seconded by Mr. Pitts.
7.e. Council was informed that a request has been received from the
owners of Lots 1 & 2, Block 3~ Rosemont Park Subdivision, for Permis-
sive Use to construct and operate a Nursery and Kindergarten at that
location. Further, Council may deny this petition or refer same to ~.
the Planning/Zoning Board for review and public hearing thereon.
Said petition was unanimously referred to the Planning/Zoning Board,
on motion by Mr. Scheifley and seconded by Mr. Pitts.
7.f. This item, a petition for transfer of Certificate Of Public Con-
venience and' Necessity, Taxi license, was withdrawn.
7.g. Council was informed that the First Church of Christ, Scientist,
of Delray BeaCh, has petitioned for use-of the'Community Center Audi-
torium for the afternoon of Sunday, November 16th, 1969, for the pur~
pose of holding a free Science Lecture; further, the Community Cente~
programming ~! not be affected ~y this usage, and having been ap-
proved by the D~ecto= of Recreation, it is recommended that this peti~
tion be grante~
Said petition was unanimously granted, on motion by Mr. ¥oungbioOd
and seconded by Mr. Pitts.
8.a. City Clerk Worthing presented RESOLUTION NO. 30-69.
A RES(~ION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A LEASE
WITH THE FLORIDA EAST COAST RAILWAY COMPANY F°R PARKING
AND ROADWAY PURPOSES AS SHOWN ON RAILWA¥'S PRINT OF PLAN ~
317-3-25, DATED JUNE 25, t969.
(Copy of Resolution No. 30-69 is attached to the official copy of these
minutes.) See page l14-A.
During discussion, Mr. Scheifley said he would like for the City
Beautification Committee to work with. the City Engineer in the develop-
ment of the parking area.
Resolution No. 30-69 was unanimously passed and adopted on this
first and final reading, on motion by Mr. Scheifley and seconded by Mr.
Youngblood.
8.b. The City Clerk presented RESOLUTION NO. 31-69.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PROVIDING FOR THE ASSESSMENT AND COLLECTION,
BY THE COUNTY TAX ASSESSOR AND THE COUNTY TAX COLLECTOR, RE-
SPECTIVELY, OF ALL AD VALOREM TAXES TO BE LEVIED BY THE CITY
OF DELRAY BEACH, IN .COMPLIANCE WITH CHAPTER 69-$4 (HOUSE BILL
NO. 1082) 1969 FLORIDA STATUTES.
(Copy of Resolution No. 31-69 is attached to the official copy of these
minutes.) See page l14-F.
ResOlution No. 31-69 was unanimously passed and adopted on this first
and final reading, on motion by Mr. Youngblood and seconded by Mr.
8.c. City Clerk Worthing presented RESOLUTION NO. 32-69.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH,' FLORIDA, VACATING AND ABANDONING A PORTION OF
EASEMENTS AS SHOWN ON PLAT R~CORDED IN PLAT BOOK 23,
PAGE 185, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
(Copy of Resolution No. 32-69. is attached to the official copy of these
minutes.) See page l14-B.
Resolution .No. 32-69 was unanimou~ly Passed :and adopted on first and
final reading, on motion by Mr. Youngblood and seconded by Mr. Pitts.
8.d. City Clerk Worthing presented RESOLUTION NO. 33-69.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY '
BEACH, PALM BEACH COUNTY, FLORIDA,. DECLARING THIS CITY'S
INTENTION OF PROVIDING CERTAIN USABLE CONNECTING ROADS TO
GRADE SEPABATIONS OF THE STATE ROAD DEPARTMENT.' S PROPOSED
1-95 THROUGHWAY AND REQUESTING CERTAIN ACTION BY THE STATE
ROAD DEPARTMENT AND BY PALM BEACH COUNTY.
(Copy of Resolution No. 33-69 is attached to the official copy of these
minutes.) See page 114-C~
Resolution No. 33-69 was unanimously passed and adopted on first and
final reading, on motion by Mr. Youngblood and seconded by Mr. Pitts.
8.e. The City Clerk presented ORDINANCE NO. 27-69.
AN ORDINANCE OF THE cITy COUNCIL OF THE CITY OF DELRAY
BEACH~ FLORIDA, ANNEXING TO THE CITY OF DEL~AY BEACH,
LOT 1, BLOCK 2, AMENDED PLAT OF LAKE IDA GARDENS, 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 THE ZONING THEREOF.
1103 N. W. 6th Avenue
(Copy of Ordinance No. 27-69 is attached to the official copy of these
minutes.) See page l14-D.
A Public Hearing having been legally advertised in compliance' with
the laws of the State of Florida and the Charter of the City of Delray
Beach was held, and there being no objection to Ordinance No. 27-69,
said Ordinance was unanimously passed and adopted on this second and
final reading, on motion by Mr. Scheifley and seconded by Mr. Youngblood.
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 ORDI-
NANCES OF THIS CITY PERTAINING TO SEWER CONNECTION CHARGES.
(Copy of Ordinance No. 28-69 is attached to the official copy of these
minutes.) See page l14-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. 28-69,
said Ordinance was unanimously passed and adopted on this second and
final reading, on motion by Mr. Scheifley and seconded by Mr. Youngblood.
8.g. City Clerk Worthing presented ORDINANCE NO. 29-69.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, EAST
60 FEET OF LOT 14 AND WEST 30 FEET OF LOT 15, DELRAY BEACH
SHORES, W~ICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS OF SAID CITY; REDEFIN!.NG THE BOUNDARIES OF SAID CITY
TO INCLUDE SALD LANDS; PROVID/NG FOR THE RIGHTS AND OBLIGA-
TIONS OF SAID LANDS; AND PROVIDING FOR THE ZONIN~ THEREOF.
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Ordinance No. 29-69 was unanimously placed on first reading, on
motion by Mr. Scheifley and seconded by Mr. Pitts.
8.h. City Clerk Worthing presented ORDInANCE'NO. 30-69.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN
LAND, NAMELY LOT 31 AND NORTH 25 FEET OF LOT 30, DELRAY BEACH
SHORES, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS
OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO IN-
CLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LAND; AND PROVIDING FOR THE ZONING THEREOF.
1001 White Drive
Ordinance No. 30-69 was unanimously placed on first reading, on
motion by Mr. Pitts and seconded by Mr. Youngblood.
9.a. City Clerk worthing read the following Planning/Zoning Board re,
port, dated July 9, 1969, concerning a request for Permissive Use for
religious assembly, and said that for reasons of health and welfare in
the immediate area sustaining the'Board's recommendation in denying the
petition is recommended:
"At an open meeting held at 8:00 A.M. in City Hall on July
1st, 1969, the Board considered a petition by Mr$. Margie Smith
Cunningham for .permissive use at 28% S.W. 5th Avenue for reli-
'Two Board members Were~absent. Those present voted unani-
mously to recommend the Council deny the request for the follow-
ing reasons:
(1) .Adequate facilities are lacking for public assembly.
(2) Usage of' substandard facilities should nO~ be encouraged.
(3) The City has a precedent of requiring 'religi'ous organ-
izations to provide adequate facilities.
A public hearing was held at 4:00 P.M., MaY 20th, 1'969, to
hear interested parties, if any. No one.appeared in objection.
At a later'date,' however, one Obje~,..wa's'mad9 known,
In additional action the Board reque~.a survey be made to
disclose organizations operating illegally on the basiS'that the
City's zoning ordinance requires all be treated equally."
Following lengthy comments by Mrs. Cunningham, Vice-Mayor Wilson in-
formed her that she Could meet at any time with the City Managew.-, and
himself if it is desired, to discuss this item further and telX her
what is necessary to comply with the minimum standards.
The 'Council unanimouslysustained the recommendation of the Planning/
zoning Board in denying said request for Permissive Use, on motion by
Mr. Scheifley and seconded by Mr..You~gblood'.
9.b. Regarding a request for abandonment of a portion of Si~ E~ 5th St.,
City Clerk Worthing read the following Planning/zoning'Board?rePort,
dated July 10, 1969:
"On June 25th, 1969, at 8:00 A.M., an open meet'lng was held
in the City Hall to consider a petition to abandon the easterly
most 117' feet, approximately, of S. E. 5th' street that terminates
at the I~tracoastal Waterway..
Three m~mbers were absent. Those members present voted'unani-
mously to recommend that COuncil deny the petition. If abandoned,
the neighborhood as well as public acCesS~.would be abolished' to
the Intracoastal Waterway-."
The recommendation Of the' Planning/Zdnlng Board for denial of said
request was UnanimouSly sustained, on motion by Mr. Youngbl°od and
seconded by Mr. Pitts.
9.c. City Clerk Worthing read the Beautification Committee meeting min-
utes of July 9, 1969, and Council action was requested on the following
"Although Mr. Gomery had not Y~t been able to contact Mr. Ramos,
he learned that N. E. 5th and 6th Avenues south to 10th Street
are 60' wide (4@' paved road plUs 6' curb and sidewalk area on
each side). The 10' setback beyond each sidewalk is the concern
of the committee. There is an ordinance which'contr01s the use
of this strip, forbidding signs or vehicles parked for display.
Mrs. Plume moved that the City Check on the compliance with this
ordinance. (Seconded and passed, with Mr. Ellingsworth opposed..)
The Committee feels this will upgrade the appearance of those two
streets, and any landscaping in this area, as is done by some,
would help tremendously."
Mr. Scheifley suggested that the history and all the facts concern-
ing said 10-foot setback be comgiled and the item be placed on the
agenda of a workshop meeting. Further, that representatives of the
Beautification Committee be in attendance at said workshop meeting for
discussion of the item.
Mr. Scheifley referred to the following portion of said Beautifica-
tion Committee meeting mi~utes: "
"Mrs. Plume emphasized the need for developing a master plan for
planning and zoning, then working toward these goals with coordinated
goals on beautification. It was noted that we have heavily beautified
West Atlantic Avenue, but have neglected to do an adequate job along
Route 1, perhaps because only 50% of the land south of 10th Street is
annexed into the City. One goal would be to improve the islands as
the land is annexed in. Mr. Abbott pointed out that the State Legis-
lature's new enabling act simplifies annexing procedures."
Mr. Scheifley said ~he has been under the impression that there was
no such thing as forced annexation, and asked the City Attorney if
there has been any changes by the State Legislature in the policy of
annexation. He asked that this be researched and brought to Council
at some future meeting.
10.a. Rev. Semmie Taylor referred to a complaint he had made some time
ago concerning traffic across the basketball court at the Catherine
Strong Community Center. He said the road had been cut off at that
time, but People were using it again. He asked if a road to S. w. 10th
Street could be Provided in that area; also, provision for an access
street from the Jefferson Manor Subdivision area to N. W. 4th Street.
City Manager Gatchel said that he would prefer to study this request
before making any comment on same.
10.a. Rev. Taylor referred, to the Frank C. Brown Company wage survey
'and the 40-hour work week, and the effect that may have on the men who
do task work which is different from the men working on the streets
and in some of the other departments that are Working by the hour.
Vice-Mayor Wilson said that would be studied very thoroughly.
10ob. The City Manager informed Council of a Petition signed by a
number of the residents of the Rainbow Homes area, requesting a trash
pickup once a week, and on a particular day.
He reported that the last trash pickup of the southwest area of
town had taken foUr days, and that he has today authorized rentingof
additional equipment in an effort to take care of the heavy accumula-
tion of trash.
10.b. City Manager Gatchel presented .the following three bills from
City Attorney G. Robert Fellows:
Services Re: Suit on sand pump at Boynton Inlet -
February 7 thru May 23. - ....... $650.00
Services Re: Suit concerning injury of James L. Sallee,
May 7 thru 21. - ............ $ 75.00
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113
Services Re= Legislative Bills pertaining to the City
Charter - January 16 thru May 21. - - - $750.00
Said bills were unanimously approved for payment, on motion by Mr.
Pitts and seconded by Mr. Youngblood.
10.c. City Clerk Worthing presented Bills for Approval as follows=
General Fund $118,008.70
Water Operating & Maintenance Fund 7,061.19
Water Revenue Fund 40,000.00
Utilities Tax Revenue Fund 1,550.00
Cigarette Tax Fund 7,522.00
Capital Improvements Construction Fund 40,375.62
Sewer Construction Loan Fund -
First Fed. S. & L. Ass'n of Miami 3,053.26
The bills were unanimously approved for payment, on motion by Mr.
Youngblood and seconded by Mr. Pitts.
The meeting adjourned at 9:55 P.M.
R. D. WORTHING
City Clerk
/.$/ Jam. e.s~_.~... ~-ils0n_ ........ - - , ~
-V--T-~--~-M A Y O R
-7- 7-14-69
RESOLUTION NO. 30-69.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELI{AY BEACH, FLORIDA, AUTHOR-
IZIN~ THE EXECUTION OF A LEASE WITH THE
FLORIDA EAST COAST RAILWAY COMPANY FOR
PARKING AND ROAI~WAY PURPOSES AS S!~0WN
ON RAILWAY'S PRINT OF PLAN 317-3425,
DATED JUNE 25, 1969.
· BE IT RESOLVED, by the City Council of the City
of Delray Beach, Florida, a Florida municipal corporation,
as follows ~
1. That the City of Delray Beach, a.municipal
corporation of the ~tate of Florida, does hereby agree
to enter into a LEASE with the Florida East Coast Rail~
way Company, that a 25 foot by 400 foot parcel of lan~.
lying between Atlantio Avenue and N. E. 1st Street orr''~
the east side of the Railway be leased to the City of
Delray Beach for PARKING purposes at an annual consider-
ation of $400.00~ Also, that a 12 foot by 1275 foot par-
ce1 of land on the westerly side of the railway and ly-
ing between Atlantic Avenue and. N. E. 2nd Street be
leased to the City of Delray Beach for ROADWAY purposes
at no additional charge.
A sketch of said parcels of land are shown on
Railway's print of Plan 317-3-25, dated June 25, 1969,
being attached hereto and made a part hereof.
2. That the proper City officials be authorized
to execute the 'Lease Agreement. referred to hereinabove,
attached hereto and made a part hereof.
PASSED AND ADOPTED this 14th day of July, 1969.
.... ~S/ J,a~..~s ..B. Wilson
VICE-MAYOR
ATTEST:
·/S/.R..D. ~Worthing City Clerk
'~F.~O~UTION ~0, 32'-69.
A ~SOLUTION OF T~ CX~~ CO~C~ O? ~
cz~ oF P~y B~, ~OR~DA, VA~TI~
~D ABA~N~N~ A ~RTION OF ~S,~TS AS
SH~N ON ~AT RECORDED IN PLAT BOOK 23,
PAGE 185, OF THE P~LIC RECKS OF P~
B~ CO~TY, FLORIDA.
WHEREAS, H~ W. RILEY, ~., has made application
to the City Council of the City of Delray Beth, Florida, to
vacate a ~rtion of certain eas~ents appearing in Plat ~ok
23, Page 185, of the Public Re~rds of said Palm Beach County,
Florida; and
~~, no use .has ever been made of this portion
of sa~d eas~ents, and all re~ir~ents and need for providing
utility services within sa~d BLUE SEAS Su~ivision being fur-
nished through other existing eas~ents of reco=d.
N~, THEREFORE, BE IT ~SOLVED BY T~ CI~ CO~CIL
OF THE CI~ OF D~Y BEACH, FL~I~, AS F~L~S~
~at pursuant to paragraph three of Section seven
of the City ~arter of the City of Delray Beach, Florida, aban-
docent is here~ declared of that ~rtion of eas~ents referred
to here~a~ve and described as follows:
The South 130.21 feet of that eas~ent lying
within and over the east five (5) feet of ~t
1, also the South 130.21 feet of that eas~ent
lying within and over the west five (5) feet
of Lot "A", BL~ S~ Subdivision, Section
9-46-43, appearing ~n Plat ~ok 23, Page 185,
Public Records of Palm Beach County, Florida.
PASSED ~D ~O~ED this the 14th day of July, 1969.
/S/ James, B. Wilson
VICE-MAYOR
ATTEST ~
/s/ a.. o. wor,~,h,,i,.n~
City Clerk
114-C
RESOLUTION NO. 33-69.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, PALM BEACH COUNTY,
FLORIDA, DECLARING THIS CITY'S INTENTION
OF PROVIDING CERTAIN USABLE CONNECTING
ROADS TO GRADE SEPARATIONS OF THE STATE
ROAD DEPARTMENT'S PROPOSED 1-95 THROUGH-
WAY AND REQUESTING CERTAIN ACTION BY
STATE ROAD DEPARTME}~ AND BY PALM BEACH
COUNTY.
WHEREAS, the State Road Department has requested that
the County Engineer's office serve as a coordinator in regards
to cross roads related to 1-95 throughout the limits of Palm
Beach County~ and
WHEREAS, in order to qualify for Federal Funds avail-
able on a 90/10 matching basis, it is necessary that all County
and City commitments be finalized as soon as possible; and
WHEREAS, certain of these connecting roads to inter-
changes and grade separations will require certain improvements
prior to,-or concurrently with the construction of 1-95 in Palm
Beach County; ·
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA:
1. The City of Delray Beach will provide a usable
two-lane street on the westerly extension of N. W. 2nd Street
from the westerly end of the existing street to an intersection
with N. W. 16th Avenue, lying on the west side of the S.A.L.
Railway, including a two-lane crossing over the said railway.
Further, at such time as the two-lane street and crossing are
deemed inadequate, the City will provide for four-laning.
2. Although the above mentioned N. W. 16th Avenue
presently extends southerly from the proposed intersection with
N. W. 2nd Street to an intersection with Atlantic Avenue (S.R.
806), the City will attemptto provide right-of-way and construct
a usable two-lane street along the westerly extension of N. W.
2nd Street west from the said intersection of N. W. ]6th Avenue
to Congress Avenue, insofar as this section lies within the City
Limits. It is hereby requested that the County provide right-
of-way and paving for that portion lying outside the City Limits.
3. The City has presently provided a paved two-lane
street and railroad crossing at S. W. 10th Street (Lowson Blvd.)
and hereby further agrees to provide for necessary four-laning
at such time as it is deemed necessary.
4. The City further requests that the State Road De-
partment furnish the necessary right-of-way and cul-de-sacs for
any and all streets that may be cut off or dead-ended at proposed
interchanges such as N. W. & S. W, lst.Streets~ also N. W. &.'S.. W.
15thAvenues near AtlanticAvenue.
PASSED AND ADOPTED this 14th day of July, 1969.
ATTEST: V I C E-M A Y O R
/S/ R. D. Worthin~ Cit~ Clerk
l14-D
OI~XNANCE NO,. 2.7..-~9.
O ZNaSCE CZTY
DE~Y BEA~, F~RZ~, . ~~NG ~ ~ Cl~ OF
DE~Y BEA~, L~ 1, B~CK 2, ~~ P~T OF
LA~ IDA G~ENS, ~I~ ~S A~ CO~IGUOUS ~
E~STI~ M~CIPAL ~MZTS OF SA~ CITY= ~DEFZN-
Z~ T~ BOU~ARIES OF SAID CZ~ TO INCL~E SAID
~S~ PRO~DING FOR ~ RIG'S A~ OBLIGATIONS
OF ~iD ~S~ ~ ~O~D~ FOR ~ ZONING T~OF.
~~S, ROBOT H. C~S is the fee simple o~er of the
property hereinafter described, and
~AS, ROBERT H. ~S, bY his petition, has ~nsented
and ~iven pe~ission for %he annexation of said pro~rty by ~e' City
of Delray Beach, and
~AS, the City of DeLray Beach has heretofore b~n au-
thorized to annex lands in ac=ordance with Section 185.1 of the City
~arter of sai~ City~anted to it by the State of Florida;
~W, ~~O~, BE IT ~AI~.. BY ~ CITY CO~CIL OF
CITY OF DE~Y BEA~, FLORIDA, ~AS FOLLOWS:
SE~ZON 1. ~at the City Council 0f the City of ~lray
~ach, Palm Beach County, Florida, hereby annexes to sai~ City the
following descried parcel of land located in Section 8, To, ship
46 .South, ~nge 43 East, Palm Beach County, Florida, which lies
conti~ous to said City, and more particularly, dms==ibed as follows:
~t 1, Block 2, Amended Plat of LA~ IDA GA~ENS,
per P~at ~ok 23, Page ~92, P~lic ~cords of
Palm Beach ~unty{ Florida.
SE~ION"2. ~at the Boundaries of the City of Delray Beach,
Florida, are hereby redefined so as to include .~erein. the above ~e-
scribed tract of land, and said land is .hereby declared ~ be within
the corporate limits of the City of ~lray '~ach, Flori4a.
SECTION 3. ~at the tract of land here~above describe4
hereby declared to ~ in Zoning District R-I~, as 4ef~ed by exist,
lng ordinances of the City of Delray ~ach, Florida.
SECTION 4. That the lands here~above described shall im-
mediately become s~ject to all of the franchises, p~ivileges, im-
m~ities, .debt~; obligations, li~bilities, Or4inances and laws
which lands in~e"'City of Detray Beach'.ar9. now or may be,
persons residing'~thereon shall be deemed citizens of the City of
Delray ~ach.
, ~' ~ SECTION 5. ~at if 'any word, PhraSe~ Clause', sentence or
..:..part of.'thiS ordinance shall be decla'red illegal BY .a court.of com~
petent j~isdiction,' such record 0f i.l. legality mhall..~n no way.af-
fect the..r~alning portion'. ~
PASSED in regular session on'~e second 'and final reading
on this the :14th'. day of July , 1969.
/s/ J~es B. Wilson
V I'.C' E-M A Y OR
AT, ST:
. .. j...
/S/ R: D~ Wor~binq .
City Clerk ' '" : '
:. ~. . , · ') ..~ ,:
First Reading _' ~.,.23,,. ,1969 ...... .. Se=o~ ~adAn~ ... July
BE IT ~SOLVED, by the Ci Council of the City
of Delray Florida, a :ida municipal corpora-
tion, as
i. That City of Beach, a m~nicipal
corporation of State Plorida, does hereby agree
to enter into a the Florida East Coast Ra'il-
wa.¥ company, that a ot ~ 400
Xying between A~&~tt and N. E. 1st Street on
the east si~e o£" the 1way be leases
Delray ~ach purposes
at,on of $400.00~ a 12 foot by 1295 foot par-
cel ~f land on ~e s~e of the ra~y and ly-
ing bergen and N. E. 2ad Street be
leased to the Ci~ of Delta Beach for R~Y p~poses
at no adaitiona'. ~arge.
A said pa ~ana are ~ on
~lway~s pr; of Plan 33 being attached hereto
an~ ~de a ~rt hereof.
2. this ~solution take effect i~i-
-~' ateLy i~s~ passage.
A~ ~OP~D this 14th da' of Ju~y, 1969.
MAYO
" Ct~t:y '"Clerk
\
l14-E
ORDINANCE NO. 28-69.
AN ORDIHANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 27 OF T~E :CODE OF ORDINANCES OF
THIS CITY PERTAINING TO SEWER CONNECTION
CHARGES.
NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY
BEAC~{, FLORIDA, AS. FOLLOWS ~ '.
Section 1. That the firs~ paragraph of SeCtion 27-28.1 of Chap-
ter 27 of the Code of Ordinances of Delra_¥ Beach, Florida shall be
amended to. read as follows ~
CHAPTER 27 - ARTICLE III. Sanitary Sewerage
Section 27-28.1 Sewer Connection Cha=ges.
In addition to the rates set forth in Section
27-28, there is hereby established a sewer connec-
tion charge for each connection to the City~.s sew-
age collection system which shall be based on the
size of pipe as follows:
~,e Conn~c.~ion charqe
4 inch $150.00
5 inch $175.00
6 inch $200.00
8 inch $250.00
10 inch $30.0.00
12 inch and over $350.00
Passed on:::second and final reading in regular session on this
the: 14thday of july , 1969.
/S/.~Iames_ B. Wilson
V I'C E-M A Y O R
ATTEST:
/S/ R. D. Worthing
....... City Cle~,k
Second Reading jU~v 1.4, ~969
l14-F
RESOLUTION NO. 31-69.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, PROVIDING
FOR THE ASSESSMENT AND COLLECTION, BY THE
COUNTY TAXASSESSOR AND THE COUNTY TAX
COLLECTOR, RESPECTIVELY, OF ALL AD VALOREM
TAXES TO BE LEVIED BY THE CITY OF DELRAY
BEACH, IN COMPLIANCE WITH CHAPTER 69-54
(HOUSE BILL NO. 1082) 1969FLORIDA STATUTES.
WHEREAS, the 1969 Legislature of the State of Florida
caused to be enacted into law Chapter 69-54 (House Bill No.
1082) providing for the County to assess and collect all ad
valorem taxes levied by the municipalities, and
WHEREAS, the City of Delray Beach has the same fiscal
year as the County of Palm Beach, and
WHEREAS, the above Chapter 69-54 allOws the munici-
pality to elect to have assessment and collections made by
the County in 1969 and 1970 and thereafter; and
W~EREAS, the City Council of Delray Beach, Florida,
believes it to be in the best interest of the City to have
the County make such assessments and collections beginning
in 1969;
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF
DELRAY BEACH DOES HEREBy elect to have the County Tax Asses-
sor of Palm Beach County and the County Tax Collector of
Palm Beach County assess, and collect, all ad valorem taxes
levied by the City of Delray Beach for the years 1969, 1970,
and each year thereafter, all pursuant to Chapter 69-54
(House Bill No. 1082) of the Laws of the State of Florida.
Be it.further resolved that the City Clerk of the
City of Delray Beach shall deliver a certified copy of this
Resolution to the County Commission of Palm Beach County,
the Tax Assessor of Palm Beach County and the Tax Collector
of Palm Beach County.
PASSED AND ADOPTED on this the 14th day of July,
1969.
/S/ James B. Wilson
V I CEH~ A'"Y O R
ATTEST:
/S/ R. D. Worthing City Clerk