12-08-69 D~C~R 8, 1969.
A regular meeting of the City Council of the City of Delray Beach
was held in the CounCil1 Chambers ~ 8=00'P~Mo', with Mayor 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. F. Youngblood~being present.
1. An Opening Prayer was delivered by Dr. Frank Hamilton.
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 November 24th, 1969,
were unanimously approved, on motion by Mr. Pitts and seconded by Mr.
Wilson.
5. Mr. Pitts said he had been giving more study to a proposed
station ordinance and suggested that this item be considered at a
workshop meeting with a possibilityof limiting the number of service
stations in town to a popBlation representative figure, whichwould
prevent overcrowding of stations and would encourage the oil companies
to tear down their older stations.
5. Mr. Pitts reported that he had received numerous requests for
installation of a traffic light at the intersections of N. E. 8th
Street and A1A.,
The 'Cit~Manager ~eported th'is had been rec~ested in the past
and would require. State Road Departmen~ a~proval...
Mayor Sa.u~.~de~s directed that another request be made for a light
at that location.
5. Mr. Pitts said he is still desirous of having a.workshop meeting
for discussion and a possible solution concerning rep&ring of streetu
and related_ drainage problems as. a result thereof .... .
5. Mr. Pitts requested that when Zoning matters are on the Council
.Agenda when there will be discussion, and a ,decision t~.:be made that
the Planning .,and zoning Board be notified by Mr. AbbOtt.~ the Plann.ing
Director, to have at least one representative present to answer ques-
tions for the Council.
5. Mr. Pi.tts asked for a workShOp meeting, discussion reqa=ding the
need of a Fire Department ambulance.
X. , A workshop m~eeting was scheduled to 'be .held Wed. nesday, December
10, 1969, at 7=~0. P.M. .
5. Mr. Scheifley subcribed ,to .the items, presented by Mr.. Pitts for
workshop meeting, disgu, ssio,n,~ ~ , .
He asked that a build~l,g hei'ght limit in the I~M-i', Multiple Family
Dwell'lng DiStr':ict, .also be cOnSidered at a workshop meeting.
5. F. or point' Of 'information regard~ng',the zoning :.of Property annexed
to the City,- Mr. S~he{fiey read Section 29.2 (5) of the Code of Ordi-
nances--as fo.llows ~ "Territory which may hereafter be annexed to the
City~ of Delray Beach shall be classified in the R-1AA, Sing1e Family
Dwelling District, unti.1 otherwise changed by Ordinance as provided
herein; or unless the Council shall otherwise provide in the ordinance
of annexat'io~." '
5. Mr. Wilson Subser,ibed to ~he items presented by Mr. Pitts and Mr.
,Scheifley,, for work~hOp.meeting consideration.
Concerni'ng .repaYing of streets c.austn~ a drainage prob!em, Mr.
Wilson said it alsocauses a problem for motorists where there are
manholes.
-1- 12-8-69
,.1.$8
5. Mr. Youngblood said he had observed that when the trash is picked
up in his area, the men do not clean up the trash that has fallen on
the street. He asked if that condition could be corrected.
Mayor Saunders said that could be considered at the Wednesday
workshop meeting.
5. Mayor Saunders read a FR~TION proclaiming Friday and Satur-
day, February 20 and 21, 1970, as POPPY DAYS for the purpose of col-
lecting funds by the American Legion Auxiliary, Unit No. 65, for
Veterans who were disabled in the service of their Country,
6.a:. The City Manager reported as follows concerning a proposed
ChriS~mas Bonus for City employees: "In the past, the City Council
has voted a bonus to all City Employees and the follow, lng formula has
been used in determining each individual bonus:
"Salaried E~.ploye~s= 9.2% of monthly salary plus. a comp~ted
amount for. income tax and social security. This .provides a
net amount equivalent to two days';~my '£or
ployees working 40 hours per week.
Hourly EmDloyees~ Two days at regular hourly rake plus a
computed amount for income tax and social security.
The above is subject to regular employees with the City less
than 90 days. from December 13,. 1969, to receive a prorated
bonus with minimum amount fixed at $15.00.
Part-time and temporary employeeS= $15,00.
Subject to Council approval,.a transfer should be made from
the General Fund Contingency Account to the Christmas Bonus
Account 910-503-490 in the 'amount of $12,812.00, an~from
the Water and Sewer.Fund Contingency Account to 915-503-490
in the amount of $1,~15.00."
The Christmas bonus for City employees and approval of transfer of
funds from the GeneralFund Continge~cy~Account and the Water and
Sewer Fund Contingency Account to cover cost of. same ~as unanimously
approved on motion by Mr. Youngblood an~ m~nded'.by~Mr. Wilson.
6.b. City Manager ~atchel reported that prior to the current fiscal
year, the Trash Department had been equipped with two Trashmasters,
and Council, in the current budget, provided for one additional Trash,
master. Further, plans and specifications were prepared, for the pur-
chase of this machine and a copy of the analysis of .bids was attached
to the agenda, and acceptance of the bid o£ Engineering Machine Com-
pany in the amount of $13,230.00 is recommended.
The City Manager said the administration recommends that Council
provide additional funds for the purchase of one more Trashmaster in
the amount of $13,230.00, and, equipped in this manner, and with the
additon of trucks and personnel, which'he Would like. to discuss with
Council at an early workshop, he feels that an effective schedule of
trash pickup can be accomplished without the necessity of renting
equipment and pemsonnel to operate same, as has been experienced dur-
ing the past ~wo months. Further, this recommendation is given to
Council at this time so that an order, may be entered for two Trash-
masters, if Council So decides, without any further delays as a re-
sult of delivery schedules.
Followinga question, City Manage~ Gatchel informed Council there
was a 75-day delivery schedule on the one Trashmaster and that he did
not know whether the same. 75 days w~uld.hold true on a second one.
Mr. Scheifley asked the status of the current-fiscal year Contin-
gency Fund, and Finance DireCtor Weber reported that the Christmas
Bonus would be the first transfer from those funds.
-2- 12-8-69
The City Mm~ called to Council attention that there would be
a sum, of $25',000"~.'$30,000 necessary for 'transfer from the Contin-
gency.'Pund as a'result of manning the garbage pickup trains with three
men as opposed to two.
Mayor Saunders asked about the legality of the City purchasing two
machines when bids had been solicited regarding the purchase of only
one machine. The City Attorney said the City could purchase the two
machines if desired.
Following general discussion regarding the City.equipment, cost of
rental equipment, scheduled trash pickup dates, .etc., Mr. Wilson moved
that the Administration be empowered to order the two Trashmasters,
at the earliest possible time, from Engineering Machine Company at
$13,230.00' each, and that funds to cover cost of the second machine
be transferred from the Contingency fund'. The motion was seconded
.by Mr. Pitts and carried unanimously.
7.a. City Clerk Worthing informed Council that a petition has been
received for abandonment of the' north-~outh 16-foot alley running
southward from N. E. 3rd Street, a distance of 400 feet, within
Block 66. Further, it is recommended that this request be referred
to the Planning and Zoning Board for review and comment thereon, as
w~l as to the Engineering Department .for its report concerning
utility lines therein, if any, and possible need of an easement there-
in for future utility service appurtenances.
Mr. Scheifley moved that said request for abandonment be referred
to the Planning and Zoning Board. and to the Engineering Department
as recommended, the motion being seconded by Mr. Youngblood and
unanimously carried.
7.b. Council was informed that Jerry Earl Pontiac, Inc., has peti-
tioned for abandonment of t~at portion of Dixie Boulevard lying
between the center lines of Avenues D and E, bound on the east by
Lots 1 thru 10 inclusive, Block 16.and on the west by Lots I thru 11
inclusive, Block 2, said BlockS.-2 and 16 being within Del-Raton Park
Subdivis~on in the 2400 Block on South Federal Highway~ further, that
abandonment of Dixie Boulevard %.i_ght-of-way, when so requested by
abutting properties, has previo~t~, been approved by the.City's Plan-
ning and Zoning Board, the Palm-Beach County Commission, the Coum~y
Engineer and the County's Right-Of-Way Agent, SUBJECT to dedicati~.,
for right-of-way purposes, of-the west 76 feet of all lots adjacent
to the east side of Dixie Highway, such provision being, to provide
an ultimate width of 1~6 feet for said Dixie Highway currently planned
as a future main arterial highway, the present width of which is 30
feet. The City Clerk said that Council approval of this petition for
abandonment is recommended, SUBJECT to.deliverance to the City of
Delray Beach of a properly executed legal instrument providing for
dedication of the west 76 feet of Lots 1 thru 11, Block 2, Del-Raton
Park as appears on Page 9, Plat Book 14, Public Records of Palm Beach
County.
The ~etition for abandonment of a portion of Dixie Boulevard was
unanimously granted, subject to the dedication of the west 76 feet of
Lots 1 thru 11, Block 2, Del-Raton Park, on motion by Mr. Youngblood
and seconded by Mr. Pitts.
8.a. City Clerk Worthing presented RESOLUTION NO. 46-69.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, -FLORIDA, AUTHOR-
IZING THE EXECUTION OF A LEASE WITH THE
COMMUNITY CHILD CARE CE~.~TER OF DELRAY
BEACH, iNC., FOR A PERIOD OF 99 YEARS ON
LOTS 1 THROUGH 6 INCLUSIVE AND LOTS 19 '
THROUGHT 22 INCLUSIVE, BLOCK "B" OF WEST
SIDE HEIGHTS, A SUBDIVISION OF THE CITY
OF DELRAY BEACH, FLORIDA, PER P~AT BOOK
13, Page' 61, PUBLIC RECORDS OF .P}kLM BEACH
COUNTY, FLORIDA. .-3- 12~8-69
(Copy of Resolution NO' 46'~9 is .attached to the official copy:~of
these minutes.) See pages 194-A, Copy of Lease is attached. Page 194-B-D.
The City clerk said that in compliance with Section 7 of the City
Charter, the intent of Council to provide such lease, has been legally
advertised, and said public notice provided that Council would, at
this meeting, consider objections, if. any, to such proposed 99-year
lease of City-owned lands.
There being no objection to said Lease, Resolution No. 46-69 was
unanimousIy passed and adopted 'on this first and final reading, on
motion by Mr. Scheifley and seconded by Mr.. Pitts.
Mayor Saunders commended ~r. Wilson and Mr. Youngblood for their
work in regard to the Community Child Care Center of Delray. Beach,
Inc.
8.b. The City Clerk presented ORDINANCE NO. 42-69.
AN ORDINANCE~ ~.THE ;CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING
AND PLACING THAT PART OF LOT 11, OSCEOLA
PARK, DELRAY BEACH, FLORIDA, PL.BK. 3-2
'LYING E. OF THE S'LY EXTENSION OF THE
E'LY R/W LINE OF S. E..7TH AVENUE, a/n/
1/o/a/i/u N. OF S. E. 4TH' iSTREET AND LY-
ING W. OF THE W'LY R/W LINE OF' THE INTRA-
COASTAL WATERWAY, IN "RM-1 MULTIPLE FAMILY
DWELLING DISTRICT" AND AMENDING "ZONING
,
MAP OF DELRAY BEACH, FLORIDA, 1969".
(Copy of Ordinance No. 42-6'9 is attached to the official copy of
these minutes.) See page 194-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. 42-69,
Mr. Wilson moved that said Ordinance be passed and adopted on this
second and final reading. The mOtion was seconded by Mr. Scheifley,
and upon call of roll, Mr. Scheifley, Mr. Wilson, Mr. Youngblood and
Mayor Saunders voted in favor of the motion and Mr. Pitts was op-
posed.
8.c. The City Clerk presented ORDINANCE NO. 44-69.
AN ORDINANCE .OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, ANNEXING
TO THE CITY OF DELRAY BEACH, CERTAIN LANDS
LOCATED IN SECTION 13~ TOWNSHIP 46 SOUTH,
RANGE'42 EAST, WHICH LANDS ARE CONTIGUOUS
TO EXISTING MUNICIPAL LIMITS OF 'SAID CITY;
REDEFINING THE BOUNDARIES ~OF SAID CITY TO
INCLUDE SAID LANDS; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LANDS; AND
.PROVIDING FOR THE ZONING THEREOF. '
(Copy of Ordinance No. 44-69 is attached to the official copy of
these minutes.) See page 194-F-G.
Council was informed that the Planning and Zoning Board, at a
meeting held on December 2, 1969, considered said petition for annex-
ation of property to be classified as RM-2, and unanimously recommend
that the petition be granted.
A Public Hearing having been legally advertised in compliance with
the laws of the State of Florida and the Charter of the City of Delta}'
Beach was held.
-4~ 12-8-69
Mr. James Ritterbusch, representing the Delray Beach.-Land Trust,
the petitioner for annexation, informed Council that sometime next
spring the Delray Beach Land Trust plan to ask the City Council and
Planning and Zoning Board to consider the annexation of a tract of
357 acres of land which lies west of the 126 acres recently.annexed,
south~ of Atlantic Avenue, north of Sherwood Park and east of Military
Trail, to be annexed as a planned unit develo~nent. He said the City
does not have a zoning ordinance at this time to cover such a develop-
ment but it iS hoped that by next spring there will be a Planned Com-
munity Development zoning under which said parcel, of land could be
annexed and developed. Further, the one acre tract under consldera-
tion at this time is for the purpose .of building an Administration
Office building,
i.... There being no objection to Ordinance No. 44-69, said Ordinance
Was unanimously passed and adopted on this Second and final reading,
~ on motion by Mr. Wilson and seconded by Mr. ¥oungblood.
9oa. The City Clerk reported that the Planning and Zoning Board held
a public hearing, as directed by 'Council, concerning its desire to
rezone all C-2 classified lands fronting on S. E. 5th. and 6th Avenues
(north and south-bound Federal Highways) from S, E. 4th Street south-
erly to a westerly projection of McCleary Street in Tropic Isle subdi-
vision, on the east side of Federal Highway, and for a distance of
306 feet extending.southerly from S. E. 10th Street on the west side
of S. E. 5th Avenue. Further., the. Board's complete report was attach-
ed to the agenda, but an ordinance was not prepared inasmuch as it is
possible that Council may desire to consider this proposed comprehen-
sive rezoning plan with the Planning., and Zoning Board in a workshop
meeting prior to considering an .ordinance providing for such rezoning
and ultimate Council public hearing thereon.
Mr. Wilson moved that this item be considered very thoroughly at a
workshop meeting, the motion being seconded by Mr. Pitts and .unanimous-
ly carried.
X. Mr. Gent, Secretary of the Planning and ~oning Board reported that
the Board had interviewed three people for the. position of Planning
Consultant but had made no decision at this time.
9.b. City Clerk. Worthing presented the follow£ng~Planning and. Zoning
Board. report, aated December 3rd, 1969, concerning an application for
rezoning of 10 acres of land from R-1 to RM-2:
"At a regular meeting of the Planning and Zoning Board
held at 8-.00 A.M., December 2, 1969, in the City Council
chambers, the Board considered a petition for rezoning a
R-1 (Single Family Dwelling District) to RM-2 (Multiple
Family Dwelling, District) on the following described
property: the NE%~ .of the SF~ of the SW¼. of Section '17-46-43
(bOunded by S. W. 2nd and 3rd Streets and S. W. 8th and
10th Avenues).
The Board voted unanimously to reco~znend the City
CoUncil deny the petition on the grounds that the neigh~
borhood is incompat,able with apartment residences and
that neighborhood opposition is strong.
A public hearing was held on November 18, 1969, Of
thos~ persons notified, one appeared in favor of the
petition and six objected."
Following general discussion, the Planning and Zoning Board recom-
mendation was unanimously sustained and the rezoning request' denied, on
motion, by Mr. ScheifleY and seconded bY Mr. Wil$O~
9.c. The following Planning and Zoning Board report, dated December
3, 1969, concerning a petition for rezoning of 99 lots in Tropic
Palms Plat No. 1 Was presented:
-5- 12-8-69
"At a regular meeting of the Planning and Zoning Board
held at 8=00 A.M., December.2, 1969, in the City Council
chambers, the Board considered a petition for rezoning
a R-1AA (Single Family Dwelling District) to a RM-1
(Multiple Family Dwelling District) on the following de-
scribed property: 24:05. acres of land in Tropic Palms
(bounded by Egret Circle, Jaeger Drive, Dotterel Road
and Lindell Blvd.).
The Board voted to recommend the City Council grant
the petition. Messrs. Gent and Simon dissented. The
basis of decision is that the area tends to flood and
has unstable soil, therefore, making the construction of
single family homes economically .unfeasible.
A public hearing was held on November 18th, 1969. No
objections were made. known."
The City Clerk said that Coun~l may deny this rezoning request,
or, should the recommendation~ of the Planning and Zoning Board be
sustained, it is suggested that ORDINANCE NO. 45-69 be ,p~aced on first
reading.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING
AND PLACING LOTS 3.46 THROUGH 374 INCLU''
SIVE, LOTS 389 THROUGH 405 INCLUSIVE,
LOTS 420 THROUGH 438 INCLUSIVE, LOTS
453 THROUGH 473 INCLUSIVE, AND LOTS
488 THROUGH 500 INCLUSIVE, TROPIC PALMS
PLAT NO. 1, DELRA¥ BEACH, FLORIDA, IN
"RM-1 MULTIPLE FAMILY DWELLING' DISTRICT",
AND AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, i969" .
Mr. A. L. Shapiro, the petitioner, presented recent aerial photos
of the subject property, and said he has figures which he believes
would substantiate his position 'that it is realistically uneconomical
to consider single family homes on said property.
City Engineer FIeming said the Citydoes not have an ordinance
requiring filling of property other.than that which requires the
floor elevation of buildings to he, above the street level, and the
City is suffering in many areas from flooding due to the fact that
fill has been taken out of lots only to raise the buildings and the
lots themselves are low. He further stated that according to what
he has seen of the cost to fill the subject area, and piling would be
required in the entire area, unless the City could require complete
filling of the entire area he would.suggest that Council accept the
zoning requested.
The recommendation of the Planning and Zoning Board was sustained,
and Ordinance No. 45-69 was unanimously placed on first reading, on
motion by Mr. Youngblood and seconded by Mr. Wilson.
Discussion of this item at a workshop meeting was suggested and it
was ~ointed out that said Ordinance would be presented for second
reading and publichearing on January 12, 1970. It was also suggested
that Council make an "on site" inspection of the property.
10.a. Rev. Semmie Taylor mentioned the need of housing in the western
section of town, and it was pointed out that the drainage project, need-
ed to be completed in the southwest part of town before there could be
an FHA development in that part of town.
Rev. Taylor asked if the City would authorize a Housing Authority.
It was pointed out that there are many cities of comparable size to
Delray Beach that have Housing Authorities.
The City Manager was asked to get all possible information on this
item and it be considered at a workshop meeting.
-6- 12-8-69
10.a. Rev. Taylor mentioned race relationship and the integration of
the Police Department. He said many white people in the beach area
have asked why the Negro police officers do not work in that area.
He asked why the .Police Department can not be.totally integrated?
It was agreed that there be a workshop meeting on this item with
the Chief of Police in attendance.
10.bo Mayor Saunders referred to a Special Council meeting held on
December 4, 1969, for the purpose of canvassing the returns of the
General Election held on-Tuesday, December 2nd, at which meeting the
ElectiOn was contested and a Canvassing Board was appointed.
Mayor Saunders read a report, dated today, from Mr. Wilson, Chair-
man of the Canvassing Board, in which it was stated that said Canvass-
ing Board found all figures, reported tO CoUncil by the Clerk and
Inspectors of said Election, to be correct.
Mayor Saunders announced that said December 4th recessed Special
meeting would be continued at 9:30 A.M., Tuesday, December 9th.
10.b. City Manager Gatchel referred to SeCtion 104 of the Personnel
Policies, approved by Council in 1968, regarding legal holidays to be
observed.
The City Manager recommended, since Christmas Day this year is on
Thursday, that Friday, December. 26th, be declared by Council as a
legal holiday for the personnel of the City.
Approval of the reconhmendation of the City Manager that Friday,
December 26th, 1969, be declared a legal holiday for the personnel
of the City was unanimously given, on motion by Mr. Wilson and sec-
ondedbyMr. Youngblo0d.
Following a question, the City Manager reported that all City Per-
sonnel on essential duties such as the Fire, Police and Sanitation
Departments, who work on legal holidays would draw double pay as
they always do.
The City Manager thanked Council on behalf of all personnel of the
city.
10.b. Mr. Pitts mentioned the Planning and Zoning Board Convention
held recently at Palm Beach and said there was an item presented on
low cost housing. He read from a Brochure the different features of
a Modular House and said he feels that type of house would be prac-
tical and that it also meets the Southern Standard Building Code.
Mr. Scheifley said another thing presented at said Convention was
an item on Planned Unit Development at which time a model Ordinance
concerning same was presented. He said it is his desire that the
City's Planning and Zoning Board and Director will obtain Ordinances
on Planned Unit Development and prepare an ordinance for the City of
Delray Beach rather than pay a Consultant to prepare such an ordinance
10.b. Mr. Pitts referred to the Council's visit to Reddington Beach
where they obServed a dredge at work on beach nourishment. He said
that Mr. J. L. Patterson had informed him that a representative from
a major dredge company from Norfolk, Virginia who has done a lot of
ocean dredging would be available, at no cost to the City, to give a
presentation and complete picture of that operation° Mr. Pitts said
he would like for such a meeting to be arranged.
10.c. City Clerk Worthing presented Bills for Approval, as follows:
General Fund $166,203.18
General Fund, Sinking Fund 100.00
Refundable Deposits Fund 20,000.00
Special Assessment Fund 15,000.00
Utilities Tax Revenue Fund i,550.00
Utilities Tax Certificates, Principal
& Interest Redemption Fund : 9,000.00
-7~ 12-8-69
-'194
Cigarette Tax Fund $.11,089.41
Capital Improvsment$ Construction Fund 15,000.00
The bills were unanimouslY approved for payment, on motion by Mr.
Wilson and seconded by Mro Youngblood.
The meeting adjourned at 9=55 P.M.
WORTHING
- .City~ Clerk
APPROVED:
i
MAYOR
-8-. 12-8-69
194~A
RESOLUTION NO. 46-69.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING TH~ EXECUTION OF A LEASE
WITH THE COMMUNITY CHILD CARE CENTER
OF DELRAY BEACH, INC., FOR A PERIOD
OF 99 YEARS ON LOTS 1 THROUGH 6 IN-
CLUSIVE AND LOTS 19 THROUGH 22 INCLU-
SIVE, BLOCK "B" OF WEST SIDE HEIGHTS,
A SUBDIVISION OF THE CITY OF DELRAY
BEACH, FLORIDA, PER PLAT BOOK 13,
PAGE 61, PUBLIC RECORDS OF PALM
B~ACH COUNTY, FLORIDA.
WHEREAS, the City of Delray Beach, Florida,
having held a public hearing regarding a proposed
ninety-nine (99) year Lease Agreement to be entered
into on City owned lands, namely Lots i through 6
inclusive and Lots 19 through 22 inclusive, Block
"B" of WEST SIDE HEIGHTS, a subdivision of the City
of Delray Beach, Florida, recorded in Plat Book 13,
Page 61, Public Records of Palm Beach County, Florida,
with the "COMMUNITY CHILD CARE CENTER OF DELRAY BEACH,
INC.," a non-profit Florida Corporation.
NOW, THEREFORE, BE IT RESOLVED, by the City
Council of the City of Delray Beach, Florida, a Florida
municipal corporation, that the proper City officials
be authorized to execute the 'Lease Agreement' referred
to hereinabove,, copy of which is attached hereto and
made a part hereof.
PASSED AND ADOPTED this 8th day of December,
1969.
/S/ J. L. Saunders
MAYOR
ATTEST:
~S/ R ~. D.._ W0r_thing . _ _ ._._
City Clerk
194-B
LEASE
THIS LEASE made the 8th day of December , 1969,
between the CITY OF DELRAY BEACH, a municipal corporation in Palm
Beach County, Florida, hereinafter referred to as the Lessor, and
COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC., a non-profit
Florida corporation, whose address is
Delray Beach, Florida, hereinafter referred to as the Lessee;
WHEREAS, COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC.,
the Lessee, is formed for the purpose of rendering assistance to
indigent mothers for the care of their children; and
WHEREAS, the Lessor recognizes such need for the care of
children to be for the betterment of the co~.,unity and the inhabi-
tants thereof; and
WHEREAS, the Lessor would not enter into the following ar-
rangements except for the specific purposes of a child care center;
and
WHEREAS, the Lessor and Lessee recognize that the only pur-
pose of this lease is to operate ~ child care center;
WITNESSETH: That the Lessor does by these presents lease
and let unto the Lessee for purposes of a child care center the
following described premises, to-wit:
Lots 1 to 6, inclusive, and Lots 19 to 22, inclusive,
Block "B" of WEST SIDE HEIGHTS, a subdivision of the
City of Delray Beach, Florida, recorded in Plat Book
13, page 61, Public Records of Palm Beach County,
Florida.
TO HAVE AND TO HOLD the premises aforesaid unto the Lessee
for and during the term of Ninety-nine (99) years beginning on the
8th day of December , 1969, and ending.on the 7th
day of December , 2068.
Yielding and paying therefor, during the term aforesaid, the
total rent of Ninety-nine and 00/100 ($99.00) Dollars payable One
and 00/100 ($1.00) Dollar on the 8th day of December , 1969,
and One and 00/100 ($1.00) Dollar on the 8th day of December
each year thereafter. Payments are to be made without notice to the
Lessor.
1. Termination.
(a) This lease is entered into with the understanding
of the parties that Lessee is to construct a building on the leased
premises. '
(b) Lessee agrees:
(1) To obtain a building permit on or before
December 31, 1971.
(2) To obtain an occupancy permit for said build-
lng on or before September 1, 1974.
(3) T° comply with the building codes and ordi-
nances of Lessor.
194-C
(4) Not to sublet any portion of the leased
property.
(5) Not to assign this lease.
(6) Pay the rent promptly.
(7) Use the leased premises only for purposes
stated above.
(c) In the event one or more of the above provisions
shall be violated, Lessor, by advertising a public hearing at'
.least one week before the public hearing shall be held, at any
regular Council meeting, of intent to cancel this lease and after
holding such advertised hearing, may by resolution cancel this
lease. Publication of the notice and public hearing shall con-
stitute due notice to the Lessee.
(d) 'This lease shall be terminated immediately if the
Lessee shall become insolvent or bankrupt or make an assignment
for the benefit of creditors.
(e) The above provisfon for termination shall be in
addition to any other lawfully recognized 'methods of termination
of leases.
2. The Lessee does hereby covenant and agree with the
Lessor that it will:
(a) Pay said rent at the address 'of the Lessor and
in the manner aforesaid. '
(b) Use and occupy said premises in a careful and
proper 'manner. Not commit any waste therein. Not use or occupy
said premises for any purpose other than a child care center.
(c) Not assign this lease, nor underlet said premises
or any part thereof.
(d) The Lessee covenants to indemnify and save harm-
less the Lessor for and against any and all liability, arising
from injury during said term to person or property, occasioned
wholly or in part by any act or omission of the Lessee, or of the
guests, :invitees, agents, employees or under lessees of the Lessee,
and to this end, Lessee agrees to procure and carry at its own ex-
pense indemnity insurance as against all such liability in a sum
of not less than One Hundred Thousand and 00/100 ($100,000.00)
Dollars, and to have the Lessor specifically named as insured
thereon.
(e) Pa~ the rent as hereinabove provided; that the
provision for the payment of rental in installments is a privilege
for the benefit of the Lessee an~ that upon default hereunder the
full amount of the unpaid balance of the total rental shall forth-
with be due and payable as though herein stipulated to be paid
upon the date of such default.
(f) Pay all utilities, assessments, and personal pro-
perry and real property taxes, if .any.
(g) Not ask for subrogation.
-2-
194~E
ORDINANCE NO. 42-69.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING
AND PLACING THAT PART OF LOT 11, OSCEOLA
PARK, DELRAY BEACH, FLORIDA, PL.BK. 3-2
LYING E. OF THE S'LY EXTENSION OF THE
E'LY R/W LINE OF S. E. 7TH AVENUE, a/n/
LNG W. OF THE W'LY R/W LINE OF THE INTRA-
COASTAL WATERWAY, IN "RM-1 MULTIPLE FAMILY
DWELLING DISTRICT", AND AMENDING "ZONING
MAP OF DELRAY BEACH, FLORIDA, 1969".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA:
SECTION 1. That the following described property
in the City of Delray Beach, Florida, is hereby rezoned
and placed in the "RM-1 Multiple Family Dwelling District"
as defined by Chapter 29 of the Code of Ordinances of the
City'of Delray Beach, Florida, to-wit:
That part of Lot 11, Block 1, OSCEOLA PARK,
Delray Beach, Florida, Pl. Bk. 3-2 lying E.
of the S'ly extension of the E'ly R/W line
of S. E. 7th Avenue, a/n/1/o/a/i/u N. of S. E.
4th Street and lying W. of the W'ly 'R/W line
of the Intracoastal Waterway.
SECTION 2. That the Building Inspector of said City
shall upon the effective date of this Ordinance change the
Zoning Map of Delray Beach, Florida, to conform with the
provisions of Section I hereof.
PASSED in regular session on the second and final
reading on this the 18th day of Deuember , 1969.
./S/ .J.L. Saunders MAYOR
ATTEST:
./S/,R.,,D,. Wo=thinq ~ ~ _ ._ City Clerk
First Reading Novemb..er 10.:~ ~ ~.9.69 .
Second Reading ~_~ D~ecember. 8,...~!969 ......
194-F
ORDI~ NO~ 44-69.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, ANNEXING
TO THE CITY OF DELRAY BEACH, CERTAIN LANDS
LOCATED IN SECTION 13, TOWNSHIP 46 SOUTH,
RANGE 42 EAST, WHICH LANDS ARE CONTIGUOUS
TO EXISTING MUNICIPAL LIMITS OF SAID CITY;
REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LANDS; PROVIDING FOR THE.
RIGHTS AND OBLIGATIONS OF SAID LANDS; AND
PROVIDING FOR THE ZONING THEREOF.
WHEREAS,' DELRAY HOMES LTD. is the fee simple owner of the
property hereinafter described, and
W~EREAS, DELRAY HOMES LTD. has consented and given per-
mission for the annexation of said property by the City of
Delray Beach, and
WHEP.~AS, 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 following described tract of land located in Palm Beach
County, Florida, which lies contiguous to said City, to-wit:
Starting at a point on the East Line of Section
13, Township 46 South, Range 42 East, which
point is forty (40} feet South of the Northeast
Corner of the S. E. % of the S. E. % of said
Section 13-46-42 for Point of Beginning of par-
Ce1 to be annexed hereby and which is described
as follows, from said Point of Beginning -
thence running S°utherly along the East line of
said Section 13-46442 for a distance of 209.10
feet, thence running Westerly on a line paral-
lel to the North line of said S. E. % of the
S. E. % of Section 13-46-42 for a distance of
200.0 feet to a point, thence running North-
erly on a line parallel to the East line of
Said Section' 13-46-42 for a distance of 209.10
feet to a point which is 40 feet south of said
North line of the Sj E. ~ of the S. E. % of
Section 13-46~42, thence running Easterly on a
line parallel to said North line of the S.
of the S. E. % of Section 13-46-42 for a distance
of 200.0 feet to Point of Beginning.
SECTION 2. That the boundaries of the City of Delray
Beach, Florida, are hereby redefined so as to include therein
the above described tract of land and said land is hereby de-
clared to be within the corPorate limits of the City of Delray
Beach, Florida.
194-G
Page 2. ORDINANCE NO. 44-69.
SECTION 3. That the lands hereinabove described are
hereby declared~to be in Zoning District RM-2, as defined
by existing'Ordinances of the City of Delray Beach, Florida.
SECTION 4. That the land hereinabove described shall
immediately become subject to all of the franchises, privi-
leges, immunities, debts, obligations, liabilities, ordinances
and laws to which lands in the City of Delray Beach are now .or
may be, and persons residing thereon shall be deemed citizens.
of the City of Delray Beach.
SECTION 5. That if any word, phrase, clause, sentence
or part of this ordinance shall be declared illegal by a
court of competent jurisdiction, such record of illegality
shall in no way affect the ..remaining portion.
PASSED in regularsession on the second and final reading
on the 8th . day of December , 1969.
/SA J. L. Saunders MAYOR
ATTEST:
/S/ R. D. Worthin.q City Clerk
First Reading __Npvember. 24, 1969
Second Reading December 8, 1969