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08-25-69 AU(~UST 25, 1969. A r~lar meet. ing of the City CoU~il of the City of Delray Beac~ was held in the Council Chambers at 8:00 P.M., with Mayor J. L. Saunders in the Chair, City Manager DaVid M. Gatchel, City Attorney Robert Fellows, and CoUncilmen John L. Pitts, III, James H. Scheifley, James B. Wilson and O. F. Youngblood being present. 1. An opening prayer was delivered .by the Rev. Donald Waldron. 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 August 11, 1969, were unanimously approved, on motion by Mr. Pitts and seconded by Mr. Wilson. 5. Mr. Pitts said the survey on zoning that Council voted on in March had not been produced and he feels it is important and should be ob-. rained. Mayor Saunders said he thinks there should be some action on that item as soon as possible. 5. Mr. Wilson referred to the newly paved streets in town and said he had received complaints of the two-inch drop off to the old pavement and to the manhole covers, which could damage cars and tires. 5. Mr. Wilson referred to Hurricane Camille and to the destruction caused by same, and said he feels the City should review some of its ordinances, particularly regarding signs and what wind velocity they can stand, and that this be an item for a workshop meeting. Mayor Saunders said this item should be referred to the City At- torney at this time in order that he may be researching it and have some information to present at the WOrkshop meeting. Mr. Pitts asked that the City Manager get general reports from Biloxi and New Orleans as to what type of signs did withstand the hurricane. 5. Mr. Wilson referred to the survey on zoning that Mr. P~tts had mentioned earlier during this meeting, and said the City Administration had been requested to gather data from cities around the Goldcoast and Gulf with particular reference to those that are somewhat similar to Delray Beach, and with that background material, the City may be able to do some of the preliminary work on said survey. 5. Mr. Youngblood said that Russell Williams, 413 West Atlanti'c Avenue, wanted h~m to ask the City Administration what can be done about the old garbage cans on the street in front of his place of business and the ]~arber Shop, that are filled with beer cans, etc. and whether they are to be emptied, into the new garbage containers or whether the City will continue to pick them upi The City Manager informed Mr. Youngblood that the City will contact Mr. Williams concerning the garbage pick up. 6.a. Regarding Sewer Adjustment Advisory Board membership, Mayor Saunders reported that he had contacted each Council member about a name to submit, and asked that same be tabled until the next regular meeting. 7.a. City Clerk Worthing informed Council that Florida Power & Light Company had purchased a tract of land adjacent to and east of pro- posed . State Road 9 (I-95), and extending southerly from S. W. lOth Street for a distance of 400 feet for the purpose of erect- ing a substation; that part of this land was consumed in. the State's apparent realignment of 1-95 and said Company has been~· forced to -i- 8-25'69 acquire some additional .land to the eas.t of their remaining property, upon which a utility distribution substation is to be constructed.. Further, to permit such development, Florida Power & Light Company re- quests a change in zoning from C-2 (General commercial District) to C-~ (Wholesale Distribution & Light Industrial District) of the East 67 feet of West 400 feet of South 400 feet of North 450 feet of Lot 21, Section 20-46-43, which lies adjacent to and e&st of currently zoned C-3 land'. This rezoning request was unanimously' referred to the Planning and Zoning Board for Public Hearing and recommendation, on motion by Mr. Wilson and seconded by Mr. Scheifley. 8.a. City Clerk Worthing presented RESOLUTION NO. 36-69. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, OPPOSING THE WIDEN- IN~ OF STATE ROAD A-1-A WITHIN THE MUNICIPAL LIMITS OF THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 36-69 is attached to the officia~ copy of these minutes.) See page 134-A. Resolution No. 36-69 was unanimously Passed and adopted on this first and final reading, on motion by Mr. Youngblood and seconded by Mr. Wilson. The City Clerk was directed to' forward copies of Resolution No. 36-69 to. the proper parties. 8.b. -The City Clerk presented RESOLUTION NO. 37-69. A RESOLUTION. OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, LEVYING COSTS FOR DEMOLITION OF BUILDINGS UPON CERTAIN LANDS LOCATED WITHIN SAID CITY; SETTING OUT ACTUAL COSTS INCURRED' BY SAID CITY TO ACCOMPLISH SUCH DEMOLITION AN~ LEVYING THE COST FOR SUCH DEMOLITION AS A SPECIAL ASSESSMENT, AND DE- CLARINO SAID SPECIAL ASSESSMENT TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY REPORT OF-THE BUILDING OFFICIAL OF DELRAY BEACH, FLORIDA. (Co~y of Resolution NO. 37-69 is attached to the official copy of these minutes.) See page 134-B. In compliance with the Code of Ordinances, a Public _Hearing was held for the purpose of effecting a special assessment, in the amount of $250.00 against the west 35 feet of south 25 feet of north 135 feet of east 135 feet of Block 21, located at 10½ S. W. 5th Avenue, Delray Beach, Florida. There being no 'objection to said proposed assessment for demolition costs, Resolution No. 37-69 was Unanimously passed and adopted on this first and final reading, on motion by Mr. Scheifley and seconded by Mr. Wilson. 8.c. Mayor Saunders reported this item had been deleted from the agenda. ~ S.d. City Clerk Worthing presented ORDINANCE NO. 32-69-. AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA,.. AMENDING SECTIONS 29-4 PARAGRAPH (B); ~9-5 PARAGRAPH' (B} SUB-PARAGRAPH (b); 29-7.1 PARA~P.%PH (H); 29-7.2;. ALL WITHIN CHAPTER 29 OF THE CODE OF ORDINANCES AND PER- · TAINING TO SITE PLAN APPROVED PUBLIC UTILITIES IN R-l, R-lA, R-1AA, R-1AAA, .R-1AAAB, .C-1 AND C-2 ZONING DISTRICTS. -2- 8-25-69 129 Ordinance No. 32-69 was unanimously placed-:on first reading, on m°tion, by· Mr. 'Wilson and seconded by Mr, Youngb.lood. 8.e. Th® City Clerk presented ORDINANCE NO. 33-69. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SUB-SECTION (C), SECTION 29-7, CHAPTER 29, OF THE CODE OF ORDINANCES OF THIS CITY PERTAINING TO BUILDING HEI(~HT REGU- LATIONS IN RM-1 MULTIPLE FAMILY DWELLING DISTRICT. The City Clerk reported that this proposed regulation ~s the result of the Planning and Zoning Board's meeting on July 15 for consideration of such maximum building height in RM-1 Districts, which report ~S as ~ollows: "On July 15th*, 1969, a regular meeting was held in City Hall at 4=00 P.M. during which a height limit was con- sidered for structures in P~4-1, Multiple'F~m£1y Dwelling District. One member was absent. Those six members present voted unanimously to recammend that a maximum height' limit be placed at 122 ~eet, measured from the highest finished grade to the ceiling of the highest floor. This will afford the necessary ~lex~ibil~ty for controlled westward expans ion." Mr. Youngblood moved ~o sustain the' recommendation of the Planning and Zoning Board, the mot.~on being seconded by Mr. Wilson. Mr. Scheifley suggested tha~ this proposed ordinance be changed so 2hat the max$mum height limitation would be 122 feet on waker, front propert£es and 57 feet on non-water front pro~rties, .which would be the same height regu~ations as the ]tM-IA During discussion, it was auggested that this O=dinance be tabled fo~ further study and a workshop meeting with. the Planning and zoning Board. Mr. Youngblood and. Mr. WtlsoD wtthdre~ their motion and second and Mr. Scheif~ey then moved that sa~d Ordin~tce be tab,ed. Mr. Wilson seconded the motion with the comment that there be no delay in the study and workshop meeting on same. The motion carried unanimously. 8.f. The City Clerk presented ORDINANCE NO. 34-69. AN O~DINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, ~LO~.IDA,. AM~NDIN$ S~CTION 2-1.1, CHAPTER 2, CODE OF ORDINANCES'OF THIS CITY. PEI~- TAINING TO COMPENSATION OF COUNCIL M~MBEI~S AND THE MAYO~ FOa SAID CITY OF DE~EAY ~EACH. Ordinance No. 3:4-69 was unanimoqsly placed on first reading, on ~ot£on by Mr. ¥oungblood and. seconded by Mr. P~tts. 8.g. The City Clerk presented ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING THE ~ALIFICATIONS OF THE MUNICIPAL JUDGE AND.CITY ATTOP~NEY~ AMENDING SECTION 20 CITY PRosEcUTOR -QUALXFICATIONS FOR OFFICE AND A- MENDING SECTION 2-22 CITY PROSECUTOR - COMPENSATION OF PROSECUTOR, ASSISTA/~TS~ SO~E OF FUNDS IN THE CODE OF ORDINANCES AND 'PERTAINING TO THE 'QUALIFICATIONS FOR SAID OFFICES AND THE DETERMINATION OF COMPENSATION FOR THE CITY PROSECUTOR. 'Ordinance No. 35-69 was unan~ously placed on first reading, on motion by lit. 'SChetfley and seconded by Mr. 'Wilson. -}- 8-25-69 9.a. City Clerk Worthing informed Council that the Planning and Zon- ing Board, following publication of proper public notices, has held Public Hearings on proposed developments of certain areas as' follows= 1. Proposed development of that part of the South 200 feet of the North 2,370 feet, Section 28-46-43, lying east of South A1A and located at 2175 South Ocean BouleVard, provides for a. nine-story -72 dwelling unit apartment building. He said the Board approved the Site Plan development as submitted, and recommends CoUncil approval of said Site Plan which was reviewed at a recent workshop meeting with the Planning Director, Mr. Abbott. During discuss ion , it was pointed out that this petition for Site Plan was made prior to passage of the Ordinance establishing the RM-1A Zoning District. Mr. Scheifley said that in view of the fact that this particular development does 'not meet the density requirements of ordinances that have been in effect for si~ months', 'he would move that the petition be denied. The motion was se~nded by Mr. Pitts. Mr. Bob Scott of Fort Lm~derdale, representing the petitioners, and Mr. Charles'W. Braznell, one of the petitioners, explained the amount of planning and time that it took to prepare plans for the development of this parcel of land and their 200 foot parcel of land adjoining it to the south. Mr. Pitts withdrew his second to" the motion, and following further discussion, Mr. Youngblood moved to sustain the reCOmmendation of the Planning Board and approve said Site Plan, the motion being seconded by Mr. Wilson. Upon call of roll, Mr. Pitts, Mr. Wilson, Mr. Youngblood and Mayor Saunders voted in favor of the motion an~ Mr~ Scheifley was opposed. 2. City Clerk Wo=thing informed .Council that the proposed develop- ment of that part of the South 200 feet of the North 2,§70 feet, Section 28-46-43; lying between South AIA and the ocean, located at. 2201 South Ocean Boulevard, provides for an 8-stoz-f - 64 dwelling unit apartment building, and the Site Plan for same.has been approved by the Planning and Zoning Board.. Further, said Board recommends Council approval of Site Plan which was received at a recent workshop meeting with the Planning Director. The recommendation of the Planning and Zoning Board to approve said Site Plan was unanimously sustained, on motion by Mr. WilSon and sec- onded by Mr. Youngblood, 3. C{ty Clerk Worthing reported that the proposed development of a portion of unplatted landi~in' Model Land COmpany's Lot 4, Section 9-46-43, compris lng 8th Avenue, provides for construction of 96 condominium a~artmentS with a 4-story building, and the Site Plan for same has been approved by the Planning and Zoning Board~ Further, said Board recommends Council ap- proval of the Site Plan which was reviewed at a recent workshop meeting with the Planning Director. Said Site Plan was unanimously approved, on motion by Mr. Pitts and seconded by Mr. Scheifley. 4. The City Clerk informed Council that-the proposed development of a tract of land in the southern section of Tropic Isle Subdivision, comprising LOts M-4, M-5, M-6 and M-7, provides for an 8-story building containing 76 dwelling units and 4 penthouses, and the Site Plan for same has been approved by the Planning and Zoning Board. Further, said Board recommends CounciI approval of that Site P~lan which was reviewed at a recent workshop meeting with the Planning Director. Mr. Younghlood moved to sustain the recommendation, of the Planning and Zoning Board in approving said Site Plan, the motion being seconded by Mr. Wilson. -4- 8-25-69 Mr. Scheifley said if-this petition is granted he feels it would be setting.~, a p=ecedent as this would be the first 8-story building in Delray Beach. not on water front property, and if the same height limits existed in RM-1 Zoning District as ~x£st in RM~IA Zoning District east of the In~t=aCOa~stal Waterway this building would not be permitted and it is his'desire that the ~etition be denied. Mr. H. A. Miller, President of Delray Properties, Inc., the pet£- tioner, pointed out that their original plans were for a 6-story build- ing, but after studying their plans with the Planning and Zoning Board, they purchased additional property, added more stories to the building, provided more parking, and more than tripled the green area that was provided in their original Site Plan. Mr. Pitts said he feels the principal issue involved at this time is setting a precedent in permitting a buildi/~g of that height on property that is not. water front Following lengthy discussion, and upon call of roll, l~r. WilsOn, Mr. youngblood and Mayor Saunders voted, in favor of the motion and Mr. Pitts and Mr. Scheifley were opposed. 9.a." 5. The City Clerk reported that the proposed development of proximately 3 acres of land located at 555 S. E.. 6th Avenue, lying between Federal Highway and the Waterway in Osceola Park Subdivision, provides for a 13-story - 104 dwelling unit building. Further, the Planning and Zoning Board has approved the Site Plan for said pro- posed development, and recommends Co-uncil approval of same, which was reviewed at a recent workshop meeting, with the_Planning Director. Mr. Scheifley moved that said Site Plan be approved, the motion being seconded by Mr. Youngblood'. Upon call/of roll, MrJ suheifley, Mr. Wilson, Mr... Youngblood and Mayor Saunders voted in favor of the motion and :M~. 'Pitts was opposed. 9.al6. The .City Clerk reported that the proposed development of ap- proximately 24 acres in the south portion of Tropic Isle Subdivision, adjacent to the C-15 Canal, provides for construction of. Cloister Condominium Complex,-consisting of 4 buildings of various heights rang- ing from 2 to 9 stories, also 19 town houses. Further, the Planning and Zoning Board have approved the Site Plan for said proposed develop- ment, and recommend COuncil approval of same, Wh£~h was reviewed at a recent workshop meeting with the Planning Director. The recommendation of the Planning and Zoning Board was unanimously sustained and the Site Plan apl~roved~ on motion by Mr, Youngblood and seCOnded by Mr. Wilson. 9lb. Regarding a petition for rezoning Lots 11 thru 30 less Lots 26 and 27, Carver Square from. R-1 (Sing!e Family Dwelling District) to RM-2 (Multiple Family Dwelling District), the Planning and Zoning Board held a Public Hearing on August 19, and following, study of the area involved, recommend that the' zoning change request be denied inas- much as such a change would clearly constitute spot zoning. The Board's recommendation was unanimously sustained and the rezoning request denied, on motion by 'Mr. Scheifley and seconded by-"Mr. Wilson. 9.c. The foll.ow£ng Planning and Zoning Board report~ dated August 7, 1969, was presented: "On JUly 15th, 1969, a regular meeting was held in City Hall at 4z00 P.M. to consider a petition for rezoning from RM-2, Mult£ple Fam£1y Dwelling District, to-C-2, General Commercial 'District on the following described property: The South: 58 feet 'of Lot 6, Block 78, located' at 135 S. E. 1st Avenue, Delray Beach, Florida. -5- 8-25-69 One member was absent. Those six members present voted unanimously to recommend the City C~uncil deny the. petition on the basis that excessive commercial exists, within the City, some of which is detrimental to adjacent residential areas. Also, the granting of this~..petition would tend to eventually spread commercial in the area from its present limits .to property adjacent to Swinton Avenue. On June 3rd, 1969, a public hearing was held. Mrs. Estella Totterdale objected to commercial abutting her home, Mrs. Katherine S. Hatcher stated that she preferred the entire block be zoned C-2 and those lots west of and abutting S. E. 1st Avenue in Block 70, also be' zoned C-2." It was pointed out that the petition asked for rezoning to build additional warehouse space, which, under the present ordinance, could ~ot be provided on the subject property even if it were zoned C-2 Mr. Merritt, the petitioner~ informed Council that when he became aware of the ordinance prohibiting a warehouse further than 100 feet from the railroad right-of-way in that area, he had asked that the subject property be rezoned to C-2 in order that he could build his office on that property which would give him some relief in his ware- house where the office is presently located. Following lengthy discussion, Mr. Scheif!ey moved that this item be tabled for further consideration, the motion being seconded by Mr. YoungblOod and unanimously carried. 10.a. Rev. Semmie Taylor said that he had several items to bring to Council attention tonight from interested people in the City of Delray Beach. He said there is concern about the Police Department, as there is a considerable amount of violence and quite a few thefts in their immediate community and they feel it is for lack of man power in the Police Department. He said there are auxiliary~police officers that are reluctant to serve the City because they very much dislike the uniforms they wear; further, that other Cities give their auxiliary police officers bonuses from time to t~me. He was ,advised by Mayor Saunders that there are no provisions in the proposed budget for additional personnel in the Police Department. Mr. Youngblood said that he had talked with a colored police officer following some trouble in that area who said he felt he didn't get the proper support from the auxiliary policemen. Mr. Youngblood said he didn't know why the proper support was not given, or whether the uniforms they were wearing had something to do with it. Mayor Saunders asked that some facts and figures be obtained for presentation to Council at a workshop meeting in the near future, to see if it is feasible to furnish different uniforms Mr. Pitts said this may be in line with an item that was discussed at a workshop meeting last week regardi~g the Safe-Streets Act of 1968 by Attorney General Mitchell, which will be the Government !s mentioned way of passing money on to the Cities for their own law enforcement,- and would be extra money to be used in the Police Budget. Rev- Taylor said it had been brought to his attention that the City of Delray Beach has been reluctant, to some extent, to discontinue the use of the Baskin personnel due to the fact that there have been rumors of a planned strike as soon as those men discontinue work, but that he knows nothing of a planned strike. Mayor Saunders said that had not come to their attention, and as- sured Rev. Taylor that the City will not be reluctant to let those men go when the situation warrants it, and all are agreed that they do not. want to hire .those men any longer than they have to. Rev. Taylor said it had been brought to h~s attention that the Baskin men have easier jobs than the regular City employees. He urged the City to employ the necessary laborers now as it would be much more difficult to get anyone when the season starts. Rev. Taylor said from newspa]~er items it appears that the southwest -6- 8-25-69 drainage project is secondary to other proposed improvements and he hopes that is not so. He said there is a lot of v{olence in the City and it has been ob- served that the fines for those things seem to be no more than a per- son pays for receiving a traffic ticket. Rev. Taylor urged Council to not .put so much trust in the personnel but to look into. some things as the people that are most trusted could do the most harm. 10.a. Mrs. Pete Gordon asked if Ordinance No. 32-69, placed on first reading tonight, concerning conditional uses of land would permit Florida Power and Light Company to expand their facilities in the S. E. 10th Street area that they now occupy. It was explained that public utilities would be permitted in all zones but C-3, 'only upon Site Plan Approval, and that any expansion of Florida POwer and Light Company in that area would have to come from a new petition and it be considered as set out in Ordinance No. 32-69. 10.b. City Clerk Worthing read the following letter from the Rocks Booster Club, signed by R. L. Travis, St;, dated August 25th, 1969: '"The Delray Beach Rocks Football teams are entering their fourth year of organized football for young, boys, ?'Frbm.~one'. team' the' fl~t ~year, the organiza~.n .has.. expanded to three fu111 teams compassing over one hundred young boys of this area. Our teams are uniformed and equipped wi:t~ the best pos- sible safety equipment,, and pl.ay .nine games a 'season between -other t~ams .in the Gold Coast League. About .30 young girls are part' 'Of the program, as three s~uads of cheerleaders are uniformed and performing at each game. It has been-with the help of merchants, and individuals of the community, that we were able to grow in this manner. We are in hopes that, as. you did last year,.-the City of Delray Beach will contribute to' 'this community.-wide program' in.-., the form of an ad 'in our program booklet for the 1969 · season, which begins on .Sept. 6th. Last year's ad was a full page, $100.00 ad. We would appreciate your considera- tion agai'n toward this enriching program for the youth. of our city." Mr. Wilson moved that the City again support this endeavor with a full page ad, and that the funds to cover this $100.00 cost come .from the' Contingency Account, the moti°n being seconded by Mr..Youngblood and unanimously carried. 10.b. The City Manager reminded Council of a planned trip to West Palm Beach Wednesday morning to observe and inspect their transfer station for solid waste disposal. 'He reported that the transfer ..... trailer is not operative at this time, but suggested that the trip be made as planned. 10.b'. There was discussion ~abOut a trip to ClearWater for observation of 'an ~'inCineratOr and September .4th and 5th was tentatively set for the time to make that trip. 10.b.. Mr,'~ Pitts'. said that he did .not want Rev. ~aylor to have a mis- -conception on the southwest draiaage project, and according .to his understanding it has as.much priority as anything in the proposed General~ Obligations Bonds. 10.c.. City Clerk Worthing presented Bills for Approval as follows: ~ene.ral Fund $98,040'. 44 Water Operating & Maintenance Fund 8,014188 -7- 8-25-69 Water Revenue Fund $10,000.00 Special Assessment Fund 215.00 Refundable DepOsits Fund 3,095.43 Cemetery Perpetual Care Fund 3,998.75 Beautification Fund 2,964.93 Capital Improvements Construction Fund 7,645.40 Sinking Fund, Cigarette Tax Bonds, Seriee 1965. 49,452.50 The bills were unanimously ap~3roved for payment, on motion by Mr. Youngblood and seconded by Mr. Wilson. . ~ The meeting adjourned at 10:00 P.M. R, D. WORTHI£~_G. City Clerk. MAY R -8- 8-25-69 134-A RESOLUTION NO. 36-69. A RESOLUTION OF THE CITY COUNCIL' OF THE CITY OF DELRAY BEACH, FLORIDA, OPPOSING T~E WIDENING OF STATE ROAD A-I-A WITHIN THE MUNICIPAL LIMITS OF THE CiTY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach has developed and exists largely because of its Public Beach being available for use by resident and non-resident citizens as well as tourists; and WHE~S, orderly residential development of the beach area is provided by being zoned for in~ividual dwelling units and not com- mercialism; and WHEREAS, the conversion of A-1-A in Delray Beach into a four- lane road would result in: Loss of present esthetic beauty; Loss of parking for users of the public beach; Traffic Hazards for people trying to get to the beach; Additional through traffic because of such four-laning thereby eliminating the present scenic beauty to the slow driving sightseer~ and WHEREAS, Since A-1-A was developed as a slow scenic route it should be kept that way, just like the scenic Blue Ridge Mountain Road, and not used as a north-south main thoroughfare; and WHEPJ~AS, modern road construction calls for the by passing of towns and communities to relieve them of through traffic; and WHEREAS, four-laning of A-1-A would automatically appreciably increase traffic; and WHEREAS, service facilities and gas stations are not available for through traffic and to obtain these services use WOuld have to be made of Intracoastal Waterway bridge's which are already over taxed and conjested. Now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA -- Section 1. The City Council, on behalf of the City of Delray Beach, Florida, and the citizens of the City, hereby opposes the ex- pansion of State Road A-1-A within the municipal limits of the City of Delray Beach, into a four-lane highway. Section 2. That the City Council, on behalf of the City of Delray Beach, Florida, and the citizens of the City, hereby recom- mend that said State Road A-l-A, within the municipal limits of the City, be retained in its present form and character. Section 3. That the City' Clerk is hereby directed to forward a copy of this resolution to the State Road Department and to such other public officials as may be deemed to be appropriate. PASSED AND ADOPTED in regular session on this the 25th day of August, 1969. /S/. j. L, S aunders ATTEST: M A Y 0 R City Clerk I%ESOLUTIONNO. 37-69. ARESOLUTION OFi~ CITY CO%~NCZL OF"THE CITY OF DEL~J%Y B~ACH~ ,FLORIDA, LEVYING~COSTS FOR D~OL~TIONOF ~~NGS,U~ ~RTAIN~S' '"~O~TED ~THIN SAID CITY; ~ING O~ AreAL COSTS IN~ED BY?~ID.CI~-TO ACCOM~ISH' SU~ DEMOLI~IO~.A~LB~G ~'CO~FOR D~OLI~IONAS C~~SA[D S~CI~ ASSESS~ TO. BE A LIEN UPON S~D PROP~TY IN. AN~O~ AS SHO~-BY ~RT OF ~ BUILDI~ OFFIC~L OF DE~Y BEA~, FLOR~A. WHEREAS, the .Building Of. ficial of.:the City of Delray Beach, did, on the 26th day. of ..April_ ._ 19 67 ~, , mail notice of unsafe structure .listing the violations of the pro- visions of Chapter 15A of the Code of Ordinances, Housing Stand- ards, to: .... B e s s i e ..Kirk 1 and uoncerning The West 35 feet of (name) South:25 feet of North 135 feet of East 135 fee~ of Blo?k' 2!!. City of.Delra¥ B,eac. h Flo..rida (legal description of property) located at _ ... .10% s.. w. 5th AV¢D.B9 ........ .:. ; and (street address) WHEREAS, the owner hereinabove named did fail and neglect to comply' with the notice, and ~the. City did provide .for correction of said determined violation at a total cost of $ ~'~.0.~00 ~ ,; and WBEREAS, the owner'-hereinabove named did fail to pay the cost of $, 250.00 to the City of Delray Beach within the speci- fied time, and ~ public hearing was provided in compliance with the ~Ggulations set forth in subparagraph (c), Section 15A-41 of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 1. That an assessment in the amount as shown by the re- port of the BBilding Official of the City of. Delray Beach, involving the: City's cost of abatement of said nuisance having been determined by' the Building Official, to exist on the land hereinaboVe described, is. levied as a special assessment against said described land. Said 'assessment so levied shall be a lien upon the land described herein, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclo- sure as city taxes are collectible, and shall become effective im- mediately upon the adoption, of this resolution and shall bear inter- est thereafter at' the rate of six per cent (6%) per annum. The owner may pay the amount of such lien, .including interest, in thirty (30) equal, consecutive, monthly~ine~allments, commencing on the first day of the' month following the adoption of this resolution. 2. That a Copy of this resolution shall be served on the owner of the above described property by certified mail within ten (10) days of tP~ date of its adoption, and a copy of this resolution shall be published once each Week. for four consecutive weeks in a newspaper of general circulation~within the .City- PASSED and ADOPTED in regular session on the 25th day of August , 19 69 ..- /S/ J. L~, Saund. ers ATTEST: M A Y O R /s/ R. Wor ,hing ~- .RESOLUTION NO. 38-69. A R~SOLUTION OF THE CITY COUNCIL OF ~ CITY OF ~ELRAY B~ACH, FLORIDA, LEVYING COSTS FOR DEMOLITION OF BUILDINGS UPON CERTAIN LANDS LOCATED WITHIN SAID CITY; SETTING OUT ACTUAL COSTS '.INCURRED BY' SAID CITY. TO ACCOMPLISH SUCH DEMOLITION AND LEVY'&NG TH~ COST FOR SUCH DEMOLITION AS A SPECIAL ASSESSMENT, AND CLARING SAID SPECIAL ASSESSMENT TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY REPORT OF THE BUILDING OFFICIAL OF DELRAY BEACH, FLORIDA. WHEREAS,-the Buil~£ng Official o£ the City of Delray Beach, did, on the _~ day.of .- ...AuguSt. ,... _. mail notice of unsafe~structure listing the violations of the prow visions of Chapter 15A of the Code of Ordinances, Housing Stand- ards, to: ~L. ~±ll±e Hatcher concerning (name) Lot 23, Block .23, C. ity of Delra~. Beach,'Florlda.. _ :'' ' -"(legal' - ...... descrzpt:Lon'-' '~' of- .... prOpe~:t:~) ' "--' ' "-- located at 511 S. w. 3rd Street _ · .~ .-~ , _ : _ ~ ....... ~: ,,:'~'.' (stree~ add~ess) WHEREAS, .the owner hereinabove named did fail and neglect to comply with the notice, and the City did provide for~ correction of said determined violation at a total ~ost of ~3.50.00 _ ? an~ WH~AS, the owner kex~i~a~H~x~am~ did fail to pay the =cst of $350.00 to the City of Delray Beach within the speci- fied time, and a p~bl-ic hearing was'provided in aompliance with the Eegulations set forth in subparagraph (c), Section 15A-41 of the Code of ordinances. NOW, THEREFORE, BE IT RESOLVED .BY T~ CITY COUNCIL OF T~E CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 1. That an assessment in the amount as shown by the re- port of the B~ilding Official of the City of Delray ~each, involving the C~. y s cost of abatement of said nuisance having been determined by the B~il~ing Official, to ex~st on the lan~ hereinabove described, is levied as a special ~ssessment against said described land. Said assessment so levied shall be a lien upon the land described herein, of the same nature and to the same extent as the' lien for general city taxes and shall be collectible in the same manner and ~ith the same penalties and under the same provisions as to sale. and foreclo- sure as city taxes are collectible, and shall become effective im- mediately upon the adoption of~ this resOlution and. Shall bear inter- est thereafter at the rate of six per cent (6%) per annum. The owner may pay the amount of such lien, including interest, in ~hirty (30) equal, consecutive, monthly installments, ~ommencing on the first day of the month following the adoption of this resolution. 2. That a copy of this ,~esolution sha,.~l be served on the owner of the above described property by certifie~ mail within ten (1'0) days of the date of its adoption~ and a copy of this resolution shall be published once each week for four consecutive-weeks in a newspaper of general circulat~on~wit~in the City. PASSED and~ 'ADOPTED' in reg~lar.~..sessi~n on the 25th day of August , 19 69 ~ ATTEST: M A Y O