07-28-69 115
JULy 28, 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 ~yor J. L.
Saunders in the Chair, City Manager David M. Gatchel, City Attorney
G. Robert Fellows, and Councilmen John L. Pitts, III, James H.
Scheifley, James B. Wilson and O. p. Youngblood being present.
1. An opening Prayer was delivered by the Rev. J. R. Evans.
2. The Pledge of Allegiance to the Flag of the United States of
America was given.
3. The minutes of the regular council meeting of July 14th, 1969,
were unanimously approved, on motion by Mr. Wilson and seconded by
Mr Pitts.
4. The City Clerk read the following letter, dated July 14, 1969,
signed by Skip Crawford, Sponsor Chairman of the 7thAnnual Soap Box
Derby:
"I would like to take this opportunity to .thankthe Council
for their support of the 1969 Soap Box Derby, and to invite
you to attend the race which will be held at 12 noon, Sat.,
July 19, on the 15th Ave. Bridge in Boynton Beach.
I would also like to cordially invite you to the Awards
Banquet which will be at 7:30 p.m. that night at the Boynton
Beach Civic Center on Ocean Ave.
Thanking YOU again for your gooporation this year and in
past years, I am."
5. Mr. Pitts r~ferred to a memorandum, dated June 18, 1969, from the
City Attorney regarding recent legislation concerning Planning and
Zoning. He also mentioned four ~pplications to the County Planning
Board for large Trailer Parks that would be Located in the Delray Beach
Reserv~ Area, and suggested an early workshop meeting with Mr. Don
Morgan ofthe County Planning Board, together With the City Planning
and Zoning Board, for discussion of this item, that they would know
ofthe Cityts opposition tO Trailer Parks in that area.
City Manager Gatchel read the following memorandum, dated July 21,
1969, he received from ~r. Abbott, Director of Planning, Zoning and
Inspection, the subject being a request for workshop meeting with the
City Council: "The Planning' and Zoning Board request a workshop with
the City Council at an early convenient date. On July 10th, 1969, the
Board met with Mr. Don Morgan, Director ofthe Area Planning Board for
Palm Beach County. Many pertinent items were reviewed with relation
to our reserve and adjacent lands. Of immediate concern is the
possible construction of large trailer parks, i11placed industrial
parks and the encouragement of the expansive urban sprawl. The Board
feels that we can overcome potential problems if the City takes proper
action at this time."
Council was in agreement that an early workshop meeting with the
Planning and Zoning Board and the Area Planning Director be arranged
by the City Manager.
5. Mr. Pitts referred to re~nt publications concerning money received
from Governmental Agencies for beach nourishment at Treasure Island
and Lauderdale by the Sea. He referred to the last issue of the
Municipal Record, and mentioned items in that issue where different
towns and cities throughout the State have received grants of money for
beautification, planning and zoning, rehabilitation, community center,
parks, etc. He suggested that the City, through its Financial Advisory
Board, or some additional Committee, make some plans to be informed of
what moneys are available for different improvements that the City may
take advantage of. ~
7-28'69
'..116
The Councilmen Were in agreement that this should be pursued, and
Mayor Saunders asked that the City Manager so inform the Financial
Advisory Board, and give them some information on HUD an~ other
agencies that they can work with.
5. ~r. Pitts referred to copies of Resolutions from the Towns of
Ocean Ridge an~ Gulf Stream, opposing the proposed four-laning of A1A,
and of the opposition by other municipalities inthe area. He said he
thinks there shouldbe a combined effort of these towns in this regard.
He moved that the City adopt a resolution against four-laning AiA in
this particular area. During discussion, it was made known that other
Councilmen opposed said four-laning but felt they should have 'more
facts in the matter before making a hasty resolution, as that may have
something to do with obtaining the 12th Street Intracoastal Waterway
Bridge, or something that is needed.
Following discussion, Mr. Pitts withdrew his motion, and Mayor
Saunders asked that the City Manager combine this item with the item
already scheduled for an early workshop meeting with the Planning and
Zoning Board and rheA rea Planning Director.
5. Mr. Wilson referre~ to the proposed four-laning of AiA, and read
an item from the July 25th issue of the Miami Herald called the
Expressways Mentality written by Sidney Harris.
5. Mr. Youngblood reported that Mr.-.Odas Tanner, a developer in the
Tropic Isle Subdivision, had asked him to again ask Council to make
every effort to improve the condition of the city water as the res-
idents of thatarea are still taking th~£r clothes to Boca Raton and
Deerfield Beach to wash.
City Engineer Fleming said that area had been given almost a direct
line from the main reservoir, but the City is pumping water at such a
rate there is difficulty in other areas also; further, there has been
trouble with some pumps whichhas cause~ difficulty in providing
sufficient water.
He reported that application has been made for two new water wells,
and a contract will be let for them as soon as approval is received
from the County, but they Will give no relief for several months.
5. Mr. Youngblood said the residents of Jefferson Manor Subdivision
had asked what the earliest chance is of getting sanitary sewers in
that area.
The City Manager said there are not sufficient funds for sewer
extension, and the earliest date that he could anticipate is when the
City is prepared to go to the bond market and borrow more money for
the sewer fund, as they have in the past, and that area is number one
on the agenda when funds are available.
5. Mr. Youngblood asked if the Financial Advisory Con~ittee could
look into the possibility of a low income housing Project, particularly
for the western section of town, while they are looking into the
possibility of other grants from HUD.
Mayor Saunders said he didn't think there is any question but what
they could look into same and that they would be glad to do so if they
are asked.
6. .There were no items submitted through the City Manager.
7.a. Regarding six Certificates of Public Convenience, the City Clerk
informed Council that an application has been received from Mr. Chester
R. Grant of 1321 N. E. 27th Terrace, Pompano Beach, for transfer of the
six. Certificates, now held by Mr. Thomas J. Bell and Mr. Thomas G. Bell,
Jr., said Certificates being active in the operation of Delray ACme
Taxi, and Delray Beach Taxi, each having three Cabs. Further, Mr.
Grant has completed arrangements for acquisition of the above named
operations, which will continue to be conducted at 101 East Atlantic
Avenue, and in conformity with the provisions of Section 26-9 of the
-2- 7-28-69
:117
City's Code of Ordinance, and all other requirements having been met,
it is recommended that transfer of these six Certificates of Public
Convenience be approved by council.
Following discussion, the transfer of said six Certificates of
Public Convenience and Necessity was unanimously granted, on motion by
Mr. Wilson and Seconded by Mr. Youngblood,
8.a. City Clerk Worthing presented RESOLUTION NO, 34-69.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAy
BEACH, FLORIDA, ASSESSING. COSTS FOR ABATING NUISANCES
UPON CERTAIN LANDS LOCATED WITHIN SAID CITY~ SETTING
OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT
OF SAID NUISANCES, AND DECLARING SAID LEVY TO BE A LIES
UPON SAID PROPERTY IN AN AMOUNT AS SHOWN By REPORT OF
THE CiTY MANAGER OF DELRAY BEACH, FLORIDA.
(Copy of Resolution No. 34-69 and accompanying costs are attached to
the official copy of these minutes.) See .Pages 120-A-B;
Resolution No. 34-69 was unanimously passed and adopted on this
first and 'final reading, on motion by Mr. Wilson and seconded by Mr.
Youngblood.
8.b. The City Clerk 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
DELRAY BEACH SHORES, WHICH LANDS ARE CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAiD CITY~ REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS~ PRO-
VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS~
AND pROVIDING FOR THE ZONING THEREOF.
1011 Rhodes-Villa Avenue.
(Copy of Ordinance No. 29-69 'is attached to the official copy of these
minutes.) See page 120-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, and there being no objections to Ordinance No. 29-69,
said Ordinance was unanimously passe6 and adopted on this second, and
final reading, on motion by Mr. Scheifley and seconded by Mr. Pitts.
8.c. The City Clerk p=esented~ 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 INCLUDE SAID LAND~ PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND~ AND PROVIDING FOR THE
ZONING THEREOF.
1001 White Drive
(Copy of Ordinance No. 30-69 is attached to the official copy. Of these
minutes. ) See page 120-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 objections to Ordinance No. 30-69,
said Ordinance was unanimously passed and adopted on this second and
final reading, 'on motion by Mr. Scheifley and seconded by Mr. WilSon.
8.d. The City Clerk presented EMERGENCy ORDINANCE NO. 31-69.
AN EMERGENCY ORDINANCE OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING SECTIONS 9-1 AND 9-1.1, CHAPTER 9,
'OF THE CODE OF ORDINANCES OF THE C~ OF DELRAY BEACH,
AND SECTION 105.4 OF THE SOUTHERN STANDARD BUILDING
CODE BEING A PORTION OF SAID CHAPTER 9, BY PREVIOUS
(Copy of Ordinance No. 31-69 is attached to the official copy of these
minutes. ) See pagesll20-E-F.
The City Manager introduced the recently appointed Chief Building
Official for the City, Mr. Roy Reid.
Following discussion, Emergency Ordinance No. 31-69 was unanimously
passed and adopted on this first and final reading, on motion by Mr.
Wilson and seconded by Mr. Youngblood.
8.e. City Clerk Worthing presente~ ORDINANCE NO. 32-69.
AN~.~ ORDINANCE OF TH~ CITY COUNCIL OF THE' CITY OF DELRAY
BEACH, FLORIDA, AME~ING SECTION 29-5 PARAGRAPH (B)
"CONDITIONAL USES", SUB-PARAGRAPH (b) CHAPTER 29 IN THE
CODE OF ORDINANCES AND PERTAINING TO SITE PLAN ~PPROVED
PUBLIC UTILITY FACILITIES IN R-1 AND R-IA ZONING DISTRICTS,
The City Clerk read the following report from the Planning and
Zoning Boar~, dated July 23, 1969~
"SUBJECT= Review of July 9th, 1969 recommendation making
possible Public Utilities as a Special Exception
in R,1 and R-lA, Single Family Residential Dis-
tricts, in light of an unfavorable opinion by
the City Attorney.
At a regular meeting on July 15th, 1969, at 4:00 P.M., the
Boar~ reviewed the City Attorney's opinion of the Board's
recommendation to Co~uncil. (Attached is a copy of the recom-
mendation and opinion. }
The Board felt their original recommendation to be in order.
A' Special Exception may be granted in an area if the exception
promotes the health, safety, morals and general welfare.
Should it be instrumental in establishing the opposite, then
spot zoning is created. A particular Special Exception .may be
permitted in any specified zoning district and prohibited from
other districts as the community elects."
There was lengthy discussion .concerning this proposed ordinance,
just what Public Utilities~' Cover and why same would not be permitted
in all zones if it promotes the health, eafety, morals and general
welfare of the City.
Ordinance No. 32-69 was unanimously tabled for discussion at a
workshop meeting to be held soon with the Planning and Zoning Board,
on motion by Mr. Youngblood and seconded by Mr. Pitts.
10.a. Mrs. Pete Gordon, 802 S. E. 2nd Avenue, a neighbor of the
Florida Power and Light Company operation in the Southeast area of the
City, reported that since rezoning was refused the Florida Power and
Light Company, there had been not less than 650 trucks go past her
property, and that she would like for that, and the operation of
Florida Power and Light Company in that area, to be kept in mind when
reviewing proposed 'Ordinance No. 32-69 at the workshop meeting.
The City. Manager said he would like to pursue that matter further
at said workshop meeting.
10.a. Rev. Semmie Taylor asked if there is a deadline for discontin-
uing the use of the B. & S. Farm laborers in Delray Beach. He said
that he is concerned about the trash pick-up as there are more men
working now than ever before at more cOst to the City, with less work
being done. He asked, with the raise in pay, why the City is not able
to hire men that have more interest in their jobs than some of the
farm laborers that are presently working. He said that some of these
farm laborers live in the City and would rather work for the City than
under their present set-up, but have been told that they could not.
-4- 7-28-69
119
Mayor Saunders'informed Rev. Taylor it is the desire of Council
that furnishing of farm labor is only temporary and will be discontin-
ued as soon as possible; further, the City has hired several new
employees, and that Rev. Taylor would be doing the City a favor if he
would send any good men in, that he knows of, to apply for jobs.
Mayor Saunders also said that any of the men working under the labor
contract could leave the contractor and ~pply for a job with the City
as a permanent City employee.
10.a. R~v. Taylor mentioned the carrying of guns and knives and the
frequent using of same, and said it is his desire to have a stronger
law concerning that, and it be enforced.
Mayor Saunders asked that the City Attorney consult with the Chief
of Police to see if.there are any ordinances the City does not have
that could be implemented or amended in an effort to help the situation
in Delray Beach.
City Attorney Fellows reported that the last Legislature passed a
"Stop and Search" law that may help the situation here.
10.b. City Manager Gatchel informed Council that Cambron Construction
Co. who have been installing the Southeast Interceptor Sanitary Sewer
line has experienced financial difficulties and inability to get the
job completed and the City has been officially notified by the bonding
company that they are taking over to complete the project. Further, a
conference with Attorneys of the Bonding Company, and all parties
involved, has been scheduled for tomorrow to work out some details.
10.b. The City. Manager reported that over the Week-end two of the
large Dempster-Dumpster trucks have been received, with a third one
to arrive in approximately a week or ten days, and that driver training
has already been started. Further, several car loads of containers
have been delivered in. Delray Beach, with others soon to be delivered,
and the placing of these containers at the various locations will start
as soon as they are stenciled with the needed information.
10.b. Mayor Saunders asked for a report fromM rs. Phyllis Plume on
the youth employment program. She reported that at least 80 young
people had been placed in jobs this. sununer, due to the good cooperation
of everyone and the Chamber of Commerce employees.
10.b. Mr. Pitts gave a detailed report of the trash pickup in one
location by a regular City employee and a contract laborer which report
had been given him by an observant resident.
10.c. City Clerk Worthing presented Bills for Approval as follows=
General Fund $249,537.96
Water Operating &Maintenance Fund 8,969.72
Water Revenue Fund 55,691.62
SPecial Assessment Fund 633.00
Refundable Deposits Fund 2,063~64
Beautification Fund 928.66
Utilities Tax Revenue Fund 60,000.00
Sewer Revenue Fund 45,000.00
Cigarette Tax Fund 25,000.00
Capital Improvements Construction Fund 20,521.77
Sewer Construction Load Fund -
First Fed. S. & L. Ass'n. of Miami -1,127.85
Mr. Scheifley asked about the payment to Glace & Radcliffe, Inc.,
in the General Fund bills in the amount of .$3,520.90.
The City Manager explained that was an accumulation of bills for
work dating back as far as last November, one bill having to do with
the case in litigation in the courts, another concerning the current
work on the revetment, and another one is for a fee charged by one of
the specialists, an expert witness.
During discussion it was pointed out that Glace & Radcliffe, Inc.
have been retained by the City as consultants on the beach revetment
repair.
The bills were unanimously approved for payment, on motion bY Mr.
Younghlood and seconded by Hr. Wilson.
The meeting adjournea at 9=35 P.M.
R. D. WORTHING
City Clerk
·~AP~ROVED - .
-6~ 7-28--69
120-A
RESOLUTION NO, 34-69.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF D~.LRAY BEACH,
FLORIDA' ASSESSIN~ COSTS FOR ABATING NUISANCES UPON CERTAIN
LANDS LOCATED WITHIN SAID CITY; SETTING OUT ACTUAL COSTS IN-
CURRED BY 'SAID CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING
THE COST OF SUCH ABATEMENT OF SAID NUISANCES, AND DECLARING
SAID LEVY TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS
SHOWN BY REPORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA.
WHEREAS, the City Council of the City of Delray Beach, did,. in
regula..r ~(~{~[/W;~/////~////session held on the _10t.h..of._..M~rch and _.._. ..
.. 14th of ADril, 1969' . declare the existence of a nuisance
upon'certain lots or parcels of iand, described in a list submitted to
them, for violation of the provisions of Ordinance No. G-147~
WHEREAS, pursuant to such declaration, the City Clerk of said City
did furnish each of the respective owners of the lands described in
said list with a notice describing the nature of the nuisance and that
they must abate said nuisance within thirty (30) days, failing in which
the City Council would have it done, and the cost thereof would be
levied as an assessment against said property; and
WHEREAS, the owners hereinafter named did fail and neglect to abate
the nuisance existing upon their respective lands within the time pre-
scribed in said notice and Ordinance G-147, and the City of Delray
Beach was required to and did enter upon the following lands and incur
costs in abating the nuisance existing thereon as described in the
aforesaid list; and
WHEREAS, the City Manager of the City of Delray Beach, has, pursuant
t9 ,~aid Ordinance G-147 and the City Charter submitted to the City ~un-
ci~' a report of the costs incurred in abating the nuisance as aforesaid,
~a'[~ report indicating the costs per parcel of land involved.
NOW, T~EREFORE, BE IT..RESO~VE~D.B~ THE CITY COUNCIL OF T~-CITY OF
DEL~AY BEACH, FLORIDA, AS FOLLOWS:
That assessments in the individual amounts as shown by the report
..~ .~he City Manager of the City of Delra¥ Beach, involving the City's
cost of abating the aforesaid nuisances upon the lots or parcels of
land described in said report, a copy of which is attached hereto and
made a part hereof, are !evied against the parcels of land described on
said report and in the amounts indicated thereon. Said assessments so
levied shall be a lien u~oI% the respective lots and parcels of land de-
scribed in said report, 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 penaIties and under the same provisions as to
sale and foreclosure as city taxes are collectible.
2. That the City Clerk of said City shall, as soon as possible after
the effective date, record a certified copy of this resolution in the
office of the Clerk of the circuit Court in and for Palm Beach County,
Florida, and shall furnish to each of the owners named in and upon said
report a notice that the City Council of the City of Delray Beach, did,
on the 10th of March` and. 14th of April, 1969. ..
order t~e abatement of a c&~t~in"nu~s~nce "~'x'istlng on 'their
property and property owner having failed to abate such nuisance, with-
in the 30 day period, whereupon it was abated by the City at costs
shown in said report and such assessments shall be legal, valid and
binding obligations upon the property against which said assessments
are levied. This resolution shall become effective 30 days from the
date of adoption, and the assessments contained herein shall become due
and payable thirty days after the mailing date of the notice of said
assessment, after which interest shall accrue at the rate of 6% per
annum on any unpaid portion thereof.
PASSED AND ADOPTED in reg_ular, session on the ..... 2.~.th day of
July ................. , A.D. 19__~.
~TTEsT: /S/ J.. L. Saunders
MAYOR
/s/ R. D Worthing
i20-B
COST OF ABATING NUISANCES UNDER ORDINANCE NO. G-147.
PROPERTY DESCRIPTION OWNER ASSESSMENT
March 10, 1969 list.
East 45 feet of Lot 2, Myrick
of Section 17, Township 46 South,
Range 43 East. Louise D. Meade $ 38.00
Lot 3 & West 5 feet of Lot 2,
Myrick S/D of Section 17, Township
46 South, Range 43 East. Ellen~D. Wightman $ 85.00
North 120 feet of West 135 feet of
Block 13 less North 20 foot R/W. Louis Halpern $ 75.00
April 14, 19691ist'.
Lot 30, Block B, Tourist Nook. John & Gladys Reynolds $ 76.50
Lot 31 Block B, Tourist Nook. Ozie Bell Brown $ 48.00
Lot 32, Block B, Tourist:Nook. John & Gladys Reynolds $ 35.00
Lot 11, Block 29. Beatrice Rolle $ 55.50
120-C
ORDINANCE NO. 29-69.
AN ORDINANCE OF THE CITY COUNCIL OF T~E 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, 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 PRO-
VIDING FOR THE ZONING THeReOF.
WHEREAS, ROBERT Go CREAMER and DOREEN D. CRPJu~ER, his wife,
are the fee simple owners of the property hereinafter described, and
WHEREAS, ROBERT G. CRBAMER and DOREEN D. CREAMER, his wife,
by their petition, have consented and given permission for the annex-
at!on of said pr.operty by the City of Delray Beach, and
WHEREAS, the City.of Delray Beach has heretofore been au-
thorized to annex lands in accordance with Section 18~.1 of the City
Charter of said City granted to it by the State of Florida:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That the City Council of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said C~ty the
following described parcel of lands located in Palm Beach County,
Florida, which lies contiguous to said City, and more particularly
described as follows;
East 60 feet of Lot 14 and west 30 feet of
Lot 15, DELRAY BEACH SHORES, per Plat Book
23, Page 167, 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 parcels 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 parcels of land hereinabove described
are hereby declared to be in Zoning District R-1AA, as defined by
existing ordinances of the City of Delray Beach, Florida.
SECTION 4. That the lands hereinabove described shall
mediately become subject to all of the franchises, privileges, im-
munities, debts, obligations, liabilities, ordinances and laws to
which lands in the City of Delray Beach are now or may be, and per-
sons residing thereon shall be deemed citizens of the City of Delray
Beach ~
SECTION 5. That if any word, phrase, clause, sentence or
part of this ordinance shall be declared illegal by a court of com-
petent jurisdiction, such record of illegality shall in no way affect
the remaining portion.
PASSED in regular session on the second and final reading
on this the 28th day of July , 1969.
/S~ J. iL- Saun. d. er.,s
MAYOR
ATTEST:
~S/ R. D. Worthinq
City Clerk
120-D
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 INCLUDE SAID LAND; PROVIDING
FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND;
AND PROVIDING FOR THE ZONING THEREOF.
WHEREAS, S. ARTHUR PETERSON and ALICE G. PETERSON, his wife, are
the fee simple owners of the property hereinafter described, and
WHEREAS, S. ARTHUR PETERSON and ALICE G. PETERSON, his wife, by
their petition, have consented and given permission for the annexation
of said property by the City of Delray Beach, and
WHEREAS, the City of Delray Beach has heretofore been authorized
to annex lands in accordance with Section 185.1 of the City Charter
of said City granted to it by the State of Florida;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That the City Council of the City of Delray Beach,
Palm Beach County, Florida, hereby annexes to said City the follow-
ing described tract of land located in Palm Beach County, Florida,
which lies contiguous to said City, to-wit:
Lot 31 and North 25 feet of Lot 30, DELRAY BEACH
SHORES, according to plat thereof recorded in
Plat Book 23, Page 167, 'Public Records of Palm
Beach County, Florida.
SECTION 2. That the boundaries of the City of DelraY Beach,
Florida, are hereby redefined 'so 'as to include therein the above de-
scribed tract of land, and said land is hereby declared to be within
the corporate limits of the City of Delray Beach, Florida.
SECTION 3. That the tract of land hereinabove described is here-
by declared to be in Zoning District R-1AA as defined bY existing -
ordinances of the City of Delray Beach, Florida.
SECTION 4. That the lands hereinabove described shall immediate-
ly become subject to all of the franchises, privileges, immunities,
debts, obligations, liabilities, ordinances and laws to which lands in
the City of Delray Beach are now or may be, and persons residing 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 be declared illegal by a court of competent juris-
diction, such record of illegality sha!l in no way affect the remain-
ing portion.
PASSED in regular session on the second and final reading on the
28th day of July , 1969.
/S~.J.L. Saunders
ATTEST: M A Y O R
/~S/.R.D. Worthing
City Clerk
First Reading July 14, 1969 Second Reading July 28, 1969
120-E
ORDINANCE NO. 31-69.
AN EMERGENCY ORDINANCE OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING SECTIONS. 9-1 AND 9-1.1, CHAPTER
9, OF THE CODE OF ORDINANCES 'OF THE CITY OF DELRAY
BEACH, AND SECTION .105.4 OF THE SOUTHERN STANDARD
BUILDING CODE BEING A ~ORTION OF SAID CHAPTER 9,
BY PREVIOUS 'ADOPTION THEREOF.
WHEREAS, the BUilding 'Code-fOr the 'City of Delray Beach
exists by virtue of the adoption of Ordinance No. G-191 on
June 8th, 1954, and Partial revision by adoption of OrdinanCe
No. G-474 on November 26, 1962, and has been neither updated
nor revised since; and
W~REAS, the Gas Code for the City of Delray Beach, Florida,
exists bY virtue of the adoption of Ordinance No. G~474 on Novem-
ber 26th, 1962, and ha~ been neither updated nor revised since
its origin; and
WHEREAS, present day construction materials, techniques
and standards have been substantially advanced and perfected;
and
W~EREAS, construction activity is at an unprecedented
voluminous level; and
WHEREAS, inspections and code ~nforcement are ~nduly
complicated and unneoessary hardships imposed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA:
SEC~fION 1 That Sections 9-1, an~ 9-1.1, Chapter 9 in
the Code of Ordinances of the City of Delray Beach, Florida,
be and the same are hereby amended to read as follows:
"Sec. 9-1. SOUTHERN STANDARD BUILDING CODE AND
DELRAY BEACH SUPPLEMENT ADOPT~D BY
REFERENCE.
The 1965 Edition of the Southern Standard Build-
ing Code, with all presentand future editions,
supplements, amendments, a~ditiOns thereto, and re-
visions thereof, including the Supplement for the
C~ty of Delray Beach, Florida, (attached hereto and
ma~e a part of this Ordinance), is hereby adopted as
t~e Building Code for the City of De!ray Beach.
Sec. 9-1.1. .SOUTHERN STANDARD BUILDIN~ CODE, PART II, GAS, ADOPTED BY REFERENCE.
The 1965 Edition of the Gas Code as compiled by the
Southern Standard Building Congress, with all present
and future supplements, amendments, additions thereto,
and revisions thereof, (attached hereto and made a
part of this Ordinance) is hereby adopted as the Gas
Code for the City of Delray Beach."
SECTION 2. That the SuPplement, hereinabove referred to,
is hereby amended by adding thereto,'~'und~r Ab~£~ I, Section
~05~4 of the. Southern'St~nd~rd Building Code amended to read as
follows:
120'F
Page 2. ORDINANCE NO. 31'-69.
"Sec. 105.4 PLOT DIAGRAM.
(A) Before a building permit shall' be .issued, the
building department shall be supplied with the
following:
(1) Drawings to scale showipg the location
of the proposed building or structure
and of every existingbuilding or struc-
ture on the site or lot.
(2) A certified sketch prepared by a Florida
Registered Land Surveyor or a Florida
Registered Engineer, showing the boundary
line survey of said lot or site and exist-
lng buildings and/or Structures, if any.
(B) Before slab inspection or prior 'to framing, the
building department shall be supplied a certified sketch
by a Florida Registered Land Surveyor or a Florida Regis-
tered Engineer showing setback distances from each prop-
erty line to the stem walls or sills of the building or
structure under construction.
(C) Any violations found by the Building Inspectors at
this stage of construction must be corrected before the
construction may proceed and before other inspections
are made."
SECTION 3. Ail ordinances or parts of ordinances in con-
flict herewith are hereby repealed.
SECTION 4. That if any word, phrase, clause, sentence or
part of this ordinance shall be declared illegal by a court of
competent jurisdiction, such record of illegality shall in no
way affect the remaining portion.
SECTION 5. This Ordinance shall take effect upon adoption
hereof.
ADORT~D in regular session on this the 28th day of
July , 1969.
/,S./,.,.J... L., Saunders MAYOR
ATTEST:
~L,S./ Rd- D' ~orthing