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01-22-68 ~AHUARY~ 22, 1968 A regular meeting o£ the City Council of Delra~ Beach was he~d An the Council Chambers at 8500 P.M., with Mayor J. Lo Sauoders in the Chair, City Manager David M. Gatchel, Ci~ At~rney JO~ R~oo Ad~$, and Councilmen J~es H. Jump, LeRoy W. Merrttt, J~es B. Wilson O. F. Yo~gblood berg preset, 1. ~ op~ing prayer was delivered ~ City Clerk R. D. ~rthtng. 2. ~e Pl~ge of Allegi~ce to ~the Flag of the Un,ted States of ~er~ca ~s given. 3. ~e minutes of the regul~ council meet~ of J~ua~ 8, 1968, were unan~usly approved, on ~tion ~ ~. Jurn~ and se~n~ed ~ Mr. Youngblood. 4. ~ J. L. Breedl°Ve, Distr~ct Manager of the Florida ~er a Light Comply, presented the City with a check in the a~unt of $84,171.25, cover~g franchise ~~t to the City of Delray Beach, shying ~ ~ncrease of 11.1 ~ over the preyers year, which he said is indicative of the gr~th of the fine City of Delray Beach. 5. ~. Jurn~ said the ~r co~di~ton of the Te~ To~ Center buildi~ and surro~d~g gro~ had been brought 'to his a~t~tion today, and it had been asked if s~th%~g 'coul~ be '~ne to bring ~hat pro~r~ up to mee~ the svrroU~i.ng ~ea ~n aeethet~s. .~.~ ~rn~ asked if could' be ~ne.a~t that r.~est; '~a'~&'.Ct~ M~er said he. ~uld glad 'to t~e care of' it.' ' ''~:'~' ~ seems ~o 'have been 've~meh::~leeted, which,~:be '~.eeis ~s no ~eUl~ the Recreational Direc~r as he Is d~ing a ~nder~ul ~ob ~ou~out the City. Further, :he th~kS that s~r~s are ve~ ess~a.1 ~ the lives si the ,~nq ~p~.e, and asked i.f there is some me~0 ~ which a $o~t ball f~eld c~ld be f~ed up ta '~at area, and ~8sib~y lighted so ~t ~uld als0 '~ used ah ~..~=n~ .sa~a, w~h.co~e~l, a~eeem~t, he ~uld like ~o direct the City M~ag.~ ~to 'lO~k ~.~o ,~.*s ,ma~ter ~d fu~ish Co~c'~l with cost ~i~r,~ so that the ~ss~b.~li.ty o~ .q~tting this-ball ~eld up could ~ .considered. Mayor .Sa~e=8 se~d :~at a Coachman could make such a. and the ~Ci~ty :~age= Sa~td :~at he ,~uld be glad ~o investigate =hat. · he ~ .Manaq~ ~p-la~ ~hat ~hose desiring' night Ball play- ing ~acil'i~:~es ~ul.d .~ntac~ ~the C~' A~i-nis~att~ as such ~actltt~es are ava'~l~le .~d ~not ,und~ schedule on the off base ball and so~t ball season., :~at ~ng :st~:l~ng 'F~eld .recently ack,red by the City. ,.~ther, ~t is ,Fla~ed .to :have :the ba}l fields in es ~d shape as .~s.s.~e :~ .:the t:ime ,~e bal,1 :season' arrives. x. Mayor Saundero Said he .~uld aos~e ~e is m0n~ '~budgeted ~or reps'ir of,~the. '~een ~ ,Cen2er bu~ld~nq. 'and C~ty Man,er ~atchel said he ~s not :,f~liar with .~he ~p~iculer i~s of repair ~d cle~-up tha~ are .needed,r but assufed :CounCil.that,he ~uld take care o~ 5. ~. Merr2tt said ~he. had given his it.s ~ the Ct~ M~ager to be ~aken care of. 5, Mr. Y0~qblood said he had received four d~f~t c~plaints ~rom 'business areas and that one has ~to do with the other three ~mplainto. He then read ~e'foll~ing letter he h~ received from ~. Edward ~er of the Ne~gh~rh~ Groce~ Store loca~d on N. W. 8th Avenue at 4th Street~ 16 "In conjunction with our telephone conversation about the conditions ex~sting in the ar~a of N.e W,~. 5th~Avenue and Atlantic Ave- ~e. I think it is a shame that de=ez~t~'~e°Pie are actually afraid to go near this section, es~?ecial!~' at n~ght. Th~s d~or~le cond~tion has,existed f0r'~Years, but~ ~S. 8'~adi~..qet~ng~ w~rSe'.~'~' We have a 'fine ~ol~ce DePa=~ent ~n be~=ay Beach, ~Ut i th~n~ they "have..neVe= ~he meomle'~$ co~e=a~ion ~o elean um t~e a~ea. If we as ~t ~ave c~ty ordinances to co~e' ~'~th t~% co~tion, we should ~ass some~ Also, I ~ sure that if the C~ty Co~ission re, sets the Beverage Depa~ent to help clean up 2his area, they,.~ut~.~do..so~ Trusting~our?e~forts will make Delray Beach a better place. ~n ~ch to l~ve." ~. Youngbl~Od sa[~[["that ~. M~ :.]M. MCM~=~an, Jr'. of MCMurr~'S· WeSt Atlantic Mercantile Company located at 402 West Atl~t'ic AVenue~ ~. Russell Willies, M~ager of a restaurant located at 419 West Atlantic Av~ue~ and the Manager of Sanders Trading. PoSt at 401 West. Atlantic Avenue, ai1 complained of the drunks ~n that area ~ing a nuisance ~n and around their bus~ness establis~ents', and h~e re~ested that walking, ~l~c~en be placed ~n that area during the weekends the busy season of this ye~. ~. Younpbl~od sa~ he is :~awar~.-.of tho~-e conditions existing in that area 'of West~tlgnt~c Avenue aS'~e wo~ %n~a,.~bar~r shop ~n that area~ further, in t~g tO u~rade De~ray.'~e~ it is felt .that section should also be upgraded. 5. ~. You~gblood.. ~ , reporp~d, . ~ comp[a[n~ ,. ~. 'co~cer~ng~. . ,~ ~ stray., dogs 'in th~ western area. He?saLd .~at~on~it~on'~s gett[.ng .Wpr~e; and asked oome%hing could be don~ a~ut picking up tho stray dogs. 5. Mr. Youngblood reported~ that ~. J. T. M~aim. o~er of the M~urra~n Superette on Wes~ Atlantic Avenue has ~mpla~ned of the labor busses unloading passe~ero: ~ We~t A~'~n~?.Avenu~ ,(a State Highway) as 'he felt' ~t' ~as d~gerou~ a~d ~[so~i~h~[y, a~d .has suggest~ the ~loadin~ be dose on the City parking:~ea at West Atlantic Avenue and 4th Avenue MaYor Sanders said ~he c~laints a~Qut the. d~nks, on West Atlantic Avenue S~ould be'turn~ over':to the Police Depar~ent. C~ty Manager Gatchel oa~d this it~ ~ad come to h~s attention during ~e post ~w days i from ~, Jurne~ and that he had Conaerred. w~th the Polic~ Ch[ef"~onUerning s~e. He .assured Council sE much closer suFveillance of that situation in the bus~ness Concerning the stray dogs, City Manager Gatchel said the City has the necessary,, Ordinances to ~pic~ ~p the dogs in ,that area and that be would giv~ special attention to that item. Concerning unloading of .passengers from the labor busses, the City Manager Saidhe did not know of a .way to prohibit the busses from unloading in an area that is allowed for parking on .West Atlantic Ave-~ ~ue, but if the bus drivers could be contacted it could be suggested to them that ~h. ey unload in the.parking lot, and that he believes it would be much safer 'than unloading on Atlantic Avenue. It was pointed out that the busses unload at various places on the South side of West ~Atlantic Avenue, and the C~ty Manager said he would be glad to .talk w~.t.,.h the bus d.r.~Vers~ ~.~ they would contact him. 5. Mr. Wilson said he had several i.~ems that~'~..would take ult. With 'the City Manager as he didn't believe they needed Council action~ 5. Mayor Saundsrs said he had received a call from a lady reporting quite a bit of traffic ,~,ngesti~n on ~c, ean Boulevard., .p~rtic~lar.~y ~n the first two,i,,,blocks north 'an~ ,so~th-of'At~ant~c Avenue, and she be- lieved this m~y.'be due to the City employees using the parking spaces, Further, she suggested that they use the City parking lot north of the Seacrest Hotel which may alleviate some of the congestion. '... -2- 1-22-68 Mayor Saunders 'said 'she had also suggested a two-hour parking limit on the first t~o 'blockS': north., a~d' south of &tlan~c...Avenue, be a little benefit to the merchants in that a~ea, particularly at the noon hour. Mayor Saunders suggested that this it~n be referred to the Police and Traffic Departments. 5. Mayor Saunders Said that when Mr. George Morikami was present at a Council meeting on January 2, 1968, he again offered to the City the 40 acres of property west of town, and that he had assured Mr. Morikami if there is any way the City can accept that property it is desired for a park. Mayor Saunders said he would like for the City Manager to get all the information on that, both pro and con, and when he has suffi- cient information for Council to...'~ake 'some decision, a. workshop meeting be held. 5. Mayor Saunders. read a PROCLAMATION proclaiming Friday and Saturday, February 16th and 17th, 1968, as POPPY DAYS for the Purl~ose of collect- ing funds for the Veterans by the American Legion AUxiliary, Unit No. 65. 6.a. Concerning a survey of parcels of 'land in violation of the City's nuisance laws presented by the C£ty Manager, Mr. Merritt moved that the City Clerk be instructed to proceed with t. he enforcement of Chapter 15 of 'the Code of Ordinances, the motion being s~conded By Mr. Wilson and unanimously carried. (Col~j~. of survey is attached .to the official copy of these minutes.) See page 21-A. ~ 6.b. The City Manager· read the following communication from Mr. Paul G. Herig, Chai~rman of the Buil'di~g Code Apl~eal BOar~, dated Jenuary 12, .1968, and said that Council pleasure relative to this communication is requested. "With reference to the BUilding Co(lC 'Board of Adjustment and Appeals, kindly, be a4,vised ..that the 'terms of Ja~es J. Priest and R. C. Keen, M~ers "at La~ge,_ expire February 12, 1968. It is respectfully recommended th~t'~Mr, priest and Mr. Keen be reappointed to their positions for a 'period' of four years co~-~tencing February 12, 1968. Both Mr. Priest and ~Ir. Keen have expressed their Willingness to serve as Board' Members, should you so ~esire." Mr. Youngblood moved that Mr. James J. priest and Mr. R. C. Keen be reappointed to said' Board as Members at Large for the next four-year period. The motion was seconded by Mr. Jurne~ and carried unanimously. 6.c. City Manager Gatchel .reported as f~lOws concerning the Community Relations Committee membership'= "At' the regdlar meeting on january 8th, Council accepted the resignation of Mrs. Lula Bal. dwin from the Community Relations Committee, and directed that the Committee be re- quested .tO submit a recommendation for filling the vacancy resulting from Mrs. Bal~win,s res~u~nation. This is .to inform Council that the Committee recommends no replacement to its m~rsh~ip, as a result 6f said resig- nation, inasm~c~ as fgur '~ew me~bers to the Committee were approved ..by' C0Uncil at its organiZatiOnal Meeting on January 2nd, bringing to thirteen its~=esent membership." The Council unanimously accepted the reco~endat~on of said committee~ on motion by Mr... Wilson and seconded by Mr. Youngblood. -3- 1-22-68 18 City,. Gl.~k WO~thing in~or~d. Cgu~c~! that ~. a p~tition h~s been~ re~esk or re,er s~e ~o 2he Planning. and Zonin[q Board for a publiC, hearing thereOn to be held by said Board~ "1. kThe N% of the N% of the E% of Lot 13, Section 20-46-43, except the West 474 ft., and less Road R~ 'also the East 15 ft. of the West 474 ft. of the South 85 ft. of the North 165 ft. of said E% of Lot 13~ and the S% of the N% of the E~ o~ sa~d Lot I3, all being in Sect~on 20-46-43. 2. That Part of Lot 5, Section 21-46-43, lying west of the Florida EaSt Coast Ra~lw~y's R~. 3. ~ts i thru 23 ~ncl., Plat %3, Southri~e S/D, together w~th the 50 ft. r~ght-of-way, running East a west thru this 5~acre traut of sa~ P~at %3, which was abandoned and vacated'~.Coun=il 'on March '.TCh, 1960, be~gj, then .kno~ as S. W. 10th Court. 4. The West 99 ft. of the East 287.74 ft. of the ~of the E~gf said Lot 13, Section. 20-46-43 less the EaS~ I5 ft. of the SOuth 85 ft., and subject to right-o~-way of S. W. 10th Street." Said rezoning pet.~t~on was unanimously referred to the planning and Zoning Board, on motion by Mr. Merritt and seconded by Mr. W£1son. 8.a. City Clerk Worthing~pr~.esented R~S .OLUTION NO. 5-68. A RESOLUTION OF THE ciTY"C~UNCIL OF THE CITY OF DELRAY BEACH, FLORIDa, AMENDING RESOLUTION NO. 1039, P. ASSED AND ADOPTED FEBRUARY 11, 1957, PERTAINING TO THE ABANDONMENT AND VACATION OF EASEMENT AND RIGHT--OF-WAY ON~LA~DS"~N~ SECTIONS 17 and 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST. (Copy of Resolution No. 5-68 ~s attached to the official colby of these minutes.) See ~age 21-B. The City Clerk explained the reason ~or preparing Resolution No. 5-68 as follows= "In 1957, the Board of Public Instruction of Palm Beach .County was ~'negotiating for the purChase of certain' la~ds the Southwest section of the.City for establishment of Carver High School. In connection With such negotiation' the City, on Febru- ary 11, 1957, by adoption of ReSOlUtion No. 1039, did abandon and vacate certain rights-of-way within the tract which~ today comprises the Carver High Sch.~ol property. The abandor~, ent, bY sai~ ReS°lut~on' Was c°nd~tion~d ~6n:~:~ald' VaCated r~ghts- of-way being used only for school purpOses, The Board public InstruCt~on h~ redested the el~nati°n of such ~cond~tion', and it being considered to be in the best in~er- ests of. all ~ncerned, it is reco~de~ that sa~d Resolution No. 1039., 'ado ed in 19.57. be bY the a~°Ption~of Res°lutioB No 4 5-68. p=ovlaes for S sea ninge viously de~o~i~d :,ab~dO~ but el~i~ating th® 'condition- al~ referenoe",as'orig~nal!y included ~herein, with it being understood that Said resolUtiOn shall be ef~t~ve Feb=ua~ 21, 1968." ~. ~urne~. ~Ved 2ha~ Resolut~On No. ~-~S be passed, 2he mo2[on be~n~ seconded by ~.' Youn~bl~ .FOLL~in~ d[g~ss~on, ~d u~n. -a- 1.~-~R 19 of ro~l, Mr. Jurney, .Mr. Wilson, Mr. Youngblood and Mayor Saunders Voted". £n'~a=or ~ ~he' m~°n, and' Mc. Merr~'~t was opposed. City Cler~ Worthing ~ented as follow: "If ~u Gentlem~n would kindly authorize the proper Ci~ off,ti'als to execute ~the'qu~t- claim de~ relative to any S~lar ~ntingen~ on the ~ve-acre tract t~ansferred ~ the C~ty ~o the School Board for a compar~le area of land near Lake Ida." It was so moved by ~. W~lson, the motion being seconded by Youngblood. U~n call-of roll, ~. Jurney, ~. W~lSon, Mr. Youngblood and Mayor Saunders voted ~n favor o~ the ~t~on, ~d Mr. Merrett was opposed. 8.b. City Clerk Worth~ng presented ~DIN~CE NO. 1-68. ~ O~IN~CE OF THE CI~ C~NCIL OF CITY OF D~Y BEACH, FLORIDA, REPE~ING T~ PR~ISIONS FOR ~VING ~IV~S ~D CIRCUSES WIT~N T~S CI~ B~ING C~- NIV~S ~ CIR~SES FROM OPE~TING WI~- IN T~ CORPO~TE LIMITS = DEFINING C~I- V~S ~D CIRCUSES, ~D PR~IDING A P~- ~TY FOR VIO~TI~. ~. Jurney moved that Ordinance No. 1~68 be placed on this f~rs~ rea~ng, the m6t~on ~n~ se~nded by ~. Merritt. ~ring ~~ts on Section 2 of ea~d Ordinance, ~. W~lson said he thinks it might be well if the City, through its Recreational Depart- ment and such others as might help, be asked to exPlOre ~ssibilities ~ereby the .peopIe who were denied the priv{lege that th~ sought might ~ given other means of raising ~ney and ineidentally 'having fun. FOllowing dis~ssion, and upon call of rotl, Merritt, ~. Wilson ~d Mayor Saunders voted in favor of the motion, and ~. Youngblood was op~sed. 8.c. City clerk Worthing pres~ted O~IN~CE NO. 2-68. ~ O~IN~CE ~ATING TO ZONING; ~ING C~ER 29 OF T~ CODE OF ORDI~CES OF T~ CI~ OF D~Y BEACH BY'C~TING ESTABLISHING A N~ USE DISTRICT TO BE AS "~-1 - ~TI~E F~ILY ~ING DISTRI~" ~D P~scRIBING T~ USES PE~ITTED ~e City Clerk explained ~[s Ord~n~ce bad'been prepared by the City At~rney as a result of an understanding reached in a joint meeting of Council with the City M~ager, the Planning an~ Zoning Board, as well as the.C~ty Planning Consultant, ~. ~t ~ith, held last week, ~d provides for ~e~ing Chapter 29 of the City's Code of Ordinances by creating and establishing a n~ Use'District to be kno~ as "~-1", and prescribing the uses pe~itted therein. The City Manager explained-that the intended usage of this pro- is zoned ~sed ordinance is not ~y~hing.~..that f6rPr~ently within the main portion of the Ci~ but~' s~Iely the TroPic Palms ~d Tropic Isle areas at th~s t~e.' Following dis~ssion, ~. Merritt ~ved that Ordinance' No. 2-68 be placed On this first reading, the motion being seconded by ~i' wilson and un o sly 9.a. The City clerk's~id that the CounCil, on Dec,er 26th, referred a petition for rezon~n~ of ~ts 17 an~ 18,~ Del-Harbour ~bdSvis~on, to ~e Planning and ~ni~ ~Oa~d'~o~ Pub$~{c~earing to be held' ther~n, and a reco~ndatiOn ~'~rtainin~'thereto, and the foll~ng ~s that Board's re~endation, date~'~anua~. 17th, 1968, ahd S~'~ ~ its secretary, ~. ~rew Gent~' 2O "At a regular meeti,.g Qfl the Planning zoning Board held at 4:00 P.M., January 16th, 1968 in the Council Ch~ambers, a'~public he~ing~was held for ~the,~ put, se of hearing objeut~o~ ~ ~if an~,' to the ?e~est for .rezon~ng Lots and '~8~ 'Del"Harb0ur SubdiVision, ~ eighteen -o~ers in ~he '~~~ur Apar~ents object to~ the rezoning. The ~ard voted unan~ously to reco~end that City Council 4eny the re,est for rezoning on the basis of the objec~rs, and the fact that the petitioner neither appeared at the hearing nor indicated in any other way that he intends to build on his 9roper~ if the new zoning were to be granted~'" Mr. Jurney moved that action on thi~ Pla~ing ~d ~ning Board re~rt be tabled at this t~e as there are certain ~it~s stated that he would like to clarify as he feels they are not c~letely true. The motion was seconded by ~. Merritt and carri~ ~an~Ously. 9.b. Concerning a Planning Board re~rt Pertaining to a petition for special exception in height requir~ents on the South.. half of Ocean Beach Lot 14 and North 15.5 feet of Ocean Beach Lot 15, City Clerk Worthing rep~rted as follows: " "Last November, ~uncil referred the request, of world Resorts, Inc., for Specxal Exception' to the Planing Board for Site Plan Approval, A ~blic hearing was he!d"by the Board on N°V~Uer 21st and re, fred to~uncil on December ,12th,.: together With a reco~endation that the request be denied, ~a'~uch. as the plans Submitted did not meet the setback remitments. Council, at that meeting, ~deferred action on the Planning Board re~rt, ~d r~uested said Board t0 meet with the ~cil in a work- shop session on the following Thursday, at 8:00 P,M., ~ at'which meeting the ~ard and representatives of the original ~etitioner agreed to further meet w~th the City.~Consulting Planner, ~. Art Smith, toward ~ssible soluti~ of the existing differences ~d ~ssible negotiation of reasonable, var!~=e exceptions. . ~ere follows a report from the Planning Board, si~ned by its Secret~, ~. Andrew M.' Gent, dated Janua~ 17, 1968: 'On January, 16, 1968, the Board ~u,~USly .reco~ended a~proval of the site pl~ for the property:located 32 North Ocean Boulevard, ~own as Sch~e %1, aated' Janga~, '1968, submitted by World Resorts, Inc., ~ subject to the.. dr.iVeways on. the n~rth, and south sides of the buildings being one-way ~ives from East to west, and s~ject to the. approval of any lighted si~s, subdued lighting to'.the extent that it does not ~terfere with adjoining ~uncxl may ~eny the~petit~on for~.~,~gept.xon or sustain the recom- mendation of the planning .B~a=d ~&nd gr~,~e'~ ~h~ re~st/SUbject to the condit' °ns C ted :in' Board''s =eco enda :, ' ~. ~rney ~ve8 to sustain the reco~en~ation, of the Planning ~d ~n~ng ~ard an~ g=ant the ~e~e~t,subject to the cO~it~ons Youngbloo~. Following ~ question by ~. Merrett, ~he City Manager explainea that there ~s no m~n~ ee~k ~e~uir~ente in this'SpeCial exception and s~te plan. approvaI, but the ~es~e~ se~b~aeks, canting o~ ~he buil~ing, etc., have been' agreed to ~e ~eve~oper, ~he Planning Coneult~t an~ the P1ann~ng ~a Zoning Boar~. Follow~ng a question as to ~he setbacks of the propose8 -6- 1-22 -68 'Mr. Art Smith, the City's Consultlng planner, during lengthy comments, said that the building would be set on an. a~gle'-.'or .cant' on the property, and the closest point of the building to the north lot line would be fifteen feet wi'th the furtherest point being twenty some feet; and on the south the closest point of the building would be twelve feet from the south lot line. He further explained that their should b® more interest in building separation as opposed to where the property line is. Upon call of roll on the motion to grant the special exception, Mr. Jurney, Mr. Wilson, Mr. Youngblood and Mayor Saunders voted in favor of the motion and Mr. Merritt was opposed. 9.c. City Clerk Worthing read the Beautification committee meeting minutes of December 12th, 1967 and January 10th, 1968. Concerning the following item in the December 12th minutes, "In discussing the beautification of the East Atlantic C~ty Park, Mrs. Plume suggested that the straight sidewalk leading to the American Legion Memorial be removed, thus improving the design of the gardens and green area." Mayor Saunders asked if there should be any Council action on Seine. . ' ' : .... City Manager Gatchel said he would like the opportunity to com- plete the plantings in that area of the park before considering removal of the s£dewalk. .Mr. Merritt saia that since he attended that'meeting, he would like to clarify that item. He explained that it is not the desire of said Committee to have the sidewalk, removed, but just to change its appearance a little by inserting a circle about, half way to the Memorial with small Plantings within and around the circle. 10.b. Mayor Saunders mentioned the new sod that had been~ put in at various places along the beach revetment, 'and said it.appears to be dying, and questioned that being for the lack of water. .The City Manager said he would have that checked. 10.b. The City Manager called Council's attention to the Gasoline report for December, 1967, that accompanied the Agenda, and said that he believed the Council has received a sufficient number of said reports to indicate-the controls effected at the City Garage by the Public Works Department. He said the City had received very favorable co~mnent from the Auditors in their recent report .concerning the present controls, and also complimented the Public Works Department on its operation. lO.b. The City Manager reported that the Florida League of Municipal-, -. ities will hold its 7th Annual Conference in Jacksonville on February 25th, 26th and 27th, and continued: "This is the workshop session as planned for the winter Of each year bY the Florida League and according to some of the remarks ! have received from you Councilmen I believe you will plan to attend this. If such be the case~ it will be neces- sary to select another date for the second Council meeting of February as the 26th is a regularly scheduled Council meeting.'" During discussion, Thursday, February 22nd, 1968 was selected as the date~ for the second regular meeting in FebrUary. lO.c. City Clerk worthing presented Bills for Approval as follows: General Fund $301, 567,38 General Fund-S inking Fund 3,902.56 Water Revenue Fund 91,141'. 93 Water Operating & MaintenanCe Fund 6,875.27 Special Assessment Fund 2 o 018.00 Refundable Deposits Fund 3,521.35 Cigarette Tax Fund 25.38 S ewer ConStruction Fund 8,892.47 -7- 1-22-68 22 The bills were unanimously ordered paid. on motion by Mr. Merritt and seconded by Mr. Jurney. The meeting adj°Ur"ed at 9,16 ,..M, R. D,. WORTHING ,, ~ City clerk -8- 1-22-68 21-A PROPERTIES IN VIOLATIOI~ OF 'ORDINANCE NO. (t-147 AND SECTIONS 15-3 and 15-4 ~ ~ CI~ CODE. 1. A:l~n D. ~rdich. &.~..~e: Lo~s 4, 5 & 6. less West 5 15-3 721 N. E. 42nd Street f~t R~, Block Ft. Lauderdale, Florida 33308 (229-237 S. E.' 6~ :Argue) 15-4 Marie $. McCurdy North 50 feet of South 350 feet 15-4 Rt. ~4 of Bast 135 feet, Block ?1. Amherst, Virginia 24521 (224 S. E. 1st Avenue} H~nard &'F~tteren Brinson West 35 feet of East I85 feet 15~3 415 $. w. Srd Street of South 100 feet, Block 31. Delray Beach, Florida 33444 (415 S. W, 3rd Street) 15-4 Violations 15-3 and 15-4 as concexns this report are as follows~ 1. 15-3 - Garden trash, concrete and other debris on rear of lots. 15-4 - High weeds. 2. 15-4 - Heavy undergrowth on part of the lot. 3. 15-3.- Garden trash, loose lumber, concrete blocks, etc. 15-4 - High weeds and some undergrowth. Submitted to the City Council by the City Manager this 22nd day of January, 1968. '868 21-B R~SOLUTION NO. 5-68. A RESOLUTION OF TH~ CITY COUNCIL OF TH~ CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 1039, PASSED AND ADOPTED FEBRUARY 11, 1957, PERTAINING TO THE ABANDONMENT AND VACATION OF EASEMENT .AND RIGHT-OF-WAY ON LANDS IN SECTIONS 17 and 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST. WHEREAS, the City Council of the City of Delray Beach, Florida, passed Resolution No. 1039, on February 11, 1957, condition- ally abandoning certain easements and rights-of-way described as fol- lows: The South 25 feet of the S½ of the SE% of the SW% of the SW% of Section 17, Township 46 South, Range 43 East; and upon The North 25 feet of the East Half of Lot 17, and the South 25 feet of the East Half of Lot 17, in Section 20, Township 46 South, Range 43 East; with the reservation that said easements would remain vacated and abandoned only so long as said lands are used for school purposes; and WHEREAS, the purpose of said reservation was to insure that the following described property, to wit: The S½ of SE% of SW% of SW% of Section 17, Township 46 South, Range 43 East; and the E~ of Lot 17 in Section 20, Township 46 South, Range 43 East; would be conveyed only to the Board of Public Instruction of Palm Beach County, Florida; and WHEREAS, said property was subsequently conveyed to the Board of Public Instruction of Palm Beach County, Florida: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Resolution NO. 1039, passed and adopted by the City Council of the City of Delray Beach, Florida, on FebrUary 11, 1957, be, and the same is hereby amended by eliminating any and all references to conditional abandonment, it being the intent of the City of Delray Beach, Florida, that the property, once acquired by the Board of Public Instruction of Palm Beach County, Florida, would be free and clear of all easements and rights-of-way. Section 2. That the appropriate officials of this City are authorized to execute an instrument necessary to further release any reversionary interests to the aforesaid easements or.rights-of-way which might appear on record in the public records of Palm Beach CoUnty, Florida. PASSED AND ADOPTED in regular session on this 22nd day of January, 1968, to be effective February 21, 1968. /S/. J. L. ~a~unders MAYOR ATTEST: /S/ ,.R.D. Worthin~ . City Clerk