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11-25-68 NOVEMBER 26, 1968. A regular meeting of the City Council of Delray Beach was held in the Council Chambers at 8=00 P.M., with Mayor J. L. Saunders in the Chair, C£ty Manager David M. Gatchel, City Attorney John Ross Adams, and Councilmen James H. Jurner, LeRoy W. Merritt, 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 meeting of November 12th and. special meeting of November 20th, 1968, were unanimously approve~, on motion by Mr. Jurney and seconded by Mr. Wilson. 4. City Clerk Worthing r~ad the following letter from Florida Atlantic University President, KennethR. Wil~iams, dated November 19, 1968= "Please accept my thanks to you, which I, as President of Florida Atlantic University, extend to you for your excellent p~rticipation in issuing an official proclamation recognizing the First Annual Florida Atlantic University Appreciation Day sponsored by our Alumni Association and the area Chambers of Commerce. Your city has, from the inception of the idea of there being a new university in this area of Florida, been-:-of constant'help" and assistance to us. We aPPreciate this cooperation,'and'I '~incerely hope that the Appreciation Day ideaWi11 grow and-ex- pand into a major annual function which wilI give the communi- ties, including your city, an opportunity to remain close to us. A university involved with the community in which it serves is, of courS6, a healthy'circumstance~ I thank you for your support, ~ssistance, and Cooperation." 5~Mr. Jurney reported that he had received a telephone call from Bill Romaine, 115 N. E. 1st Avenue, Delray Beach, a student at Palm Beach Junior 'Coll~ge an~ a member of the Circle K of the South Side Kiwanis Club 'of West-Palm Beach, who asked permission to conduct an automObile "h01d up" ~in DelraY Beach on NOvember 30th, between the hours of 12=00 noon to 5=00 P.M., for the purpose of help and assistance for a fellow Palm~ Be~chJun~o~'College Student, Eddie Woods of~ Riviera Beach~, who ~a~'-been stricken with a seriOUs kinney'ailment which may possibi¥ re- quire a.kidney transplant or a constant blood cleanser for the rest of his natural 1ife. Further, Eddie Woods is being sponsored bY the V. F. W~ Post and Auxiliary No. 4143 of Riviera Beach and by Senator Jerry Thomas. Mr'. Jurne¥ moved that this permission be granted subject to the ap- proval'of the Solicitations committee and of the local V~ F. W. Post No."414:Y, The motion was seconded by Mr. Merritt, and following dis- cussion was'Unanimousiy carried. 5. Mr. J~rn~y referred .to the condition of the F. ~. C. Railway company right'~of-Way of the'CroSs.tieS'and debris that have been there for 'some time; and sai~ he would like for'that property-to be' placed on a nuxSance list an~ 'the debris'moved' as soon as possible. Mr. Jurney also referred to the noise of the-F~ E. C. Railway'C0m- panY trains-as ~hey q0 'through'Delray Beach, and said he feels this is very disturbing to the citizens of Delray Beach. He suggested that the' ord'inance c~ntrolling sa~e be enforced. .. ~gity Manager Gatchel reported that ~n official of the F. E..,C. Rail- way. company had~romised ~ tO get' t~ir ~ight of Way cleaned up. purt~er, ai':~e' present: time e~forts are being made,, not on'ir to clean the r~ght- of.way of the cross-ties and debris, but in addition thereto to maintain said right-of,Way in a cOndition~ that it may be mowed: arid kept in g6od co~d~ti0n', ' 11-25~68 5. Mayor Saunders reported that he had received a call this evening with an inquiry about when the water loOpingwould be done in the area of the Mira-Mar Garden Apartments as the water pressure is not good in that area. J The city Manager reported that said work would soon be started. 6.a. City Manager Gatchel informed Council that the Frances J. Bright Woman's Club seeks permission to use theCommunityCenter's gymnasium for holding a formal dance for teenagers and adults on Saturday, May 10, 1969, between the hours of 7:00 and 11:00 P.M.~ Further, having the approval of the Recreation Director, and such usage not conflicting with the Center's programming schedule, it is recommended that Council grant such request. The request wss~unanimously granted, on motion by Mr. Wilson and seconded by Mr. Merritt X. Mayor Saunders introducedMr. John L. Pitts, ~II, and Mr. JameSE. Scheifley, cand. idates for Councilman. in the coming election. 7.a. City Clerk Worthing informed Council that the Board of Directors of the Delray Beach Public Library Association, Inc., has submitted a request to solicit funds for its Capital Improvement expenses, by mail, from March i to 15, 1969;' further, one year ago, 'the ~Solicitations Committee, considering a similar requestfrom the Library Board, rec- ommended that the normal requirements be waived inasmuch as the solici- tation is onlyby mail, and Council, accepting the recommendation of the Committee, waived the usual procedureand granted the request, and that Council may require the advertisingof the proceedsfrom last year's solicitation, as well as a breakdown of the disposition thereof, or waive the usual submission of such data, and grant this request. This request for solicitation was unanimously referred to the Solic- itations.Committee, on motion by Mr. Merritt and secOnded by Mr. Wilson. 7.b. Concerning a petition for exchange of a privately owned strip of land for an unused portion of a dedicated public right-of-way, City Clerk Worthing reported to Council as follows: "on a sketch attached to the agenda there Was shown a parcel, of land in Block 1, Osceola Park, adjacent to and west of the waterway, and fronting on the north side of S. E. 5th Street enclosed in a border marking. The owner of this trac%, Mrs. Louise A. Woodfin, of-. fers to the City, for right-of-way purposes, a 20 foot wide strip of land which, if accepted, would provide a heretofore much needed, and desired, public right-of-way continuation of S. E. 7th Avenue from S. E. 4th Street southerly to 5th Street. In exchange for such potential right-of-way dedication, Mrs. Woodfin would accept the north 20 feet of that portion of S. E. 5th Street tying adjacent to and south of the east 167.86 feet of her' property. This part of $. E. 5th Street was platted in 1913 to a width of sixty feet, and dead e~ds at the southeast corner of Mrs. Woodfin's property, being the west right-of-way line of the Intracoastal Water- way. It is recommended this request be referred to the' Planning & Zoning Board. for review and recommendation thereon." This item was unanimously referred to the Planning and Zoning Board for review and recommendation, on motion by Mr. Jurney and seconded, by Mr. Youngblood. 8.ao City Clerk Worthing presented ORDINANCE NO. 27-68. AN ORDINANCE .OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 29-8.2, CHAPTER 29, CODE OF ORDINANCES OF THIS CITY BY AMENDING SUB-SECTION (C) PERTAINING TO SETBACK REO~IREMENTS WITHIN A CERTAIN AREA OF THE CITY OF-DELRAy 'BEACH. (Copy of Ordinance No. 27=68'is attached to the official copy of these minutes.) See pages 220-A-B. -2- 11-25-68 217 The City Clerk read correspondence from the Colony Hotel and Cabana Club strongly opposing said Ordinance, also correspondence from Mr. Charles Laessle, Jr., Mr. Gilbert V.'Kullgren, 'Mr. Edward D. Burden, Mr. Richard Jordan, and Mrs. Dorothy H. Geary, favoring the passage of said ordinance. The City Clerk then read the following letter from Mr. Arnold Ramos, District Engineer of the Florida'State, Road Department, dated November 20, 1968: "I would like t° take this opportunity to encourage the CitY of Delray Beach to take whatever necessary steps are needed to assure that the right-of-way be available for future crossing of the Intracoastal Waterway along the proposed extension of S. W. 12th Street. The Interchange at 1-95 and 12th Street will make it necessary that the proper connection to AIA be made along the proposed im- provement on S. W. 12th Street. 'With the type of development that Delray Beach Ks exper~encLng along AiA, it is lmp~rative that future crossings be protected and, therefore, the City is tO be commended for any action that they can take to assure that 12th Street, because of the interchange with 1-95, is a direct access to A1A. The question was recently posed about the safety hazard that 12th Street would present due to the fact that it intersects with U. S. i on a curve. This problem was discussed .with the County previously, and the DUpartment has made 'the Commitment that a municipal section will be constructed on U. S.' 1 at it's intersection with 12th Street, thereby removing any safetypro- blems that are encountered of intersecting a divided highway at a curve. One of the points that was recently discussed a~'one of our meetings, is the fact that some of the waterfront properties would be landlocked if 12th Street were extended across the Intracoastal Waterway. I would like to add that we would make every reasonable effort to provide access to all properties that enjOy water access at the present time. If we can be of any further service to the City'pl~ase advise and we wi'll be more than glad to do so." Mr.'James J. Postma, 1002 White Drive, informed Council;that ap proximately 50 residents of White Drive, Rhodes-Villa AvenUe, 'Lewis Cove' and Brooks Lane had met recently and ali were in favor of the proposed site of a bridge-as planned by the City and County. Mri'A. E. McKenzie, President of the Cambridge Condominium Associ- ation,i'representing a number of the owners in that condominium, ob- jected-tO' the proposed location of an Intracoastal Waterway bridge, and said they intend to take appropriate action to oppose same. FollOWing lengthy comments, Mr. JurneY moved that Ordinance No. 27-6'8 be.passed on this Second. and final reading, the motion being seconded' by Mr. Youngblo0d. There was discUssion concerning the last' paragraph of the. above letter from 'the State Road Department concerning waterfront proper- tieS' being'landlOcked if 12th Street is extended across the' Intra- coastal Waterway, and Mayor Saunders gave the assurance that' members of COuncil at the time of said improvement would make sur~ that said property would not'be landlocked. Upon dell of roll on the motion that Ordinance No. 27-68'be passed, the'motion carried Unanimously. 8.b. City Clerk worthing in~ormed~Council that the Planni~ng and Zon- ing Board desires to 'fUrther' consider the petition for annexation of Lots 10 and !1, Esquire Subdivision and ~RM-I claSsificati'on of that property on the. south side of S. Wi 10th~Street, east of Germantown Road, and it 'is,. therefore,' recommended that no action be. taken this evening'on ORDINANCE No. 28-68, and same be referred to the Planning and'zoning Board for further study and recommendation. It was'so moved byMr. Wilssn, .s~conded by Mr. Merritt and unani- 8.c. City Clerk worthing presented , ORDINANCE NO. 29~68. AN ORDINANC~ OF THE CITY COUNCIL OF THE CITY OF DELRAY B~ACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY CERTAIN LAND LOCATED IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ~L~.~H LAND. IS CONTIG~;OUS TO EXISTING MUNICIPAL LIMITS OF SAID~CITY~ REDEFINING THE BOUND- ARIES OF SAID CITY TO INCLUDE SAID LAND= PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND~ AND PROVIDING FOR THE ZONING THEREOF~ (Copy of Ordinance No. 29-68 is attached to the official copy of these minutes.) see pages 220-C-D. The City Clerk reported'' this Ordinance was placed on first reading November 12th, subject to R-3 classification, at which time Council questioned such classification and requested the Planning and Zoning Board to consider this proposed annexation and zoning. Further, the Board, together with the petitioner for such annexation, concur in an RM-1 zoning district applicable to said lands, and this Ordinance No. 29-68, subject to RM-1 classification, is being submitted on this second and final reading. There being no objection to Ordinance No. 29-68, said Ordinance 'was unanimously passed and adopted on this second and final reading, on motion by Mr. Youngblood and seconded by Mr. Merritt. 8.d. City Clerk. Worthing presented ORDINANCE NO. 30-68. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 27 OF THE CODE OF ORDI- NANCES OF THIS CITY BY ADDING A SECTION ESTABLISHING SEWER CONNECTION CHAR~ES FOR ALL PERSONS~, FIRMS, AND CORPORATIONS CONNECTING TO THE, MUNICIPAL SANITARY SYSTEM AFTER MARCH 31, 1969. Mayor Saunders explained the background of the sanitary sewer in- stallation in the City to date, .and also explained the necessity for establishing sewer connection charges to be effective after a certain date. Following discussion, and objection by property owners of ~uch a charge against improved properties that have .not had sanitary sewers available to them, Mr. Jurney moved .~that Ordinance No. 30-68 be ta- bled for further study at the next workshop .meeting, to arrive at a more equitable solution that will be fair to all the people affected. The motion was seconded by Mr.. Youngblood, and upon call of roll, Mr. Jurney, Mr. ~erritt, and Mr. Youngblood voted in favor of the motion and Mr. Wilson and Mayor Saunders were opposed. 8.e. The City Clerk presented ORDINAb?CE NO. 31-68. AN ORDINANCE OF THE 'CITY COUNCIL OF THE, CITY OF DEL.RAY BEACH, ,FLORIDA~ AF,~.NDING SECTION 26-1, C~.?APTER 26, CODE OF ORDINAI~CES OF THIS CITY. REIATING TO RATES CHARGED PASSENGERS BY TAXICABS OR-O~HER MOTOR VEHICLES TRANSPORT- ING PASS~NGERS FOR COMPE~SATION WITHIN THIS CITY. Ordinance No. 31-68 was unanimously placed on first reading, on motion by Mr. Jurney and seconded by Mr o Youngblood. 9.a. City Clerk Worthing reported that Council, at a recent workshop meeting, again referred back to the Zoning Board the petition for classification, from R-lA to C~2, of Lots 14 and 15 in Replat of part of Block 1, Model Land Company's Subdivision of the west half of Sec- tion 21-46-43, requesting the Board to reconsider this petition. Fur- ther, the Board 'convened on November 19th for this purpose, and, as a r~sult thereof, with all members being present, voted unanimously to recommend the City council deny this petition for the following reasons: 1. Neighborhood opposition is strong. 2. Thesurrounding area is predominantly residential. 3. The City contains an excessive amount of C-2, a great part of which is used for residential purposes or standing idle. 4. Within a radius of 100 feet of the City's well, the Public Hsalth Department-will allow no sewage lines, septic tanks, drain fields or the like. Mr. Merritt explained that the rezoning petitioner has offered to deed to the City the west 24 feet of his property to have a natural boundary between C-2 and R-iA property, if his property is rezoned~ further, there is now a 16 foot alley running north from that property, connecting to a road built by Mr. T. M. O'Neal which he has attempted to give to the City at different times, and which would give a direct access from S. E. 7th Street north to S. E. 4th Street. Mr. Merritt recommended this not pertain to Lot 15, but only to Lot 14, as Lot 15 is a-long narrow triangular parcel abutting the railroad, but he Could make some use of Lot 14 if it-were properly zoned. Some area residents were present and objected to the rezoning of said property to C-2 classification unless they knew the type of busi- ness that would be located there. Following lengthy discussion, Mr. Jurney moved that this item be tabled again to find out just what type of business he plans to put there, and that he present hisplans to the BUilding Department and said plans be presented to Council for consideration at the next Coun- cil meeting~ also, that the adjacent property owners be furnished with a copy of'hiS"prOP~sed~ construction' Plans. The motion was seconded by Mr. Wilson and'ca~ried unanimously. -' '~ '" 9.b. C!ty'cierk'WOrthing read'the Beautification Committee meeting minutes of November 13, 1968, with CounCi!.'action requ~d..on the... fol.lowin~..par~graph~:' "Mrs. Bowen reported that a committee composed of Mrs. Sheehan, Mrs. Evaul, Mrs. Little'and Mrs. Plume had met to consider several plans for beautifying the Bon Aire property'. ~A comh~ posite plan,'baSed on minimum cost and maintenance, was sub~~ mitred tO the committee and.again it was revised to inc°rpo-' ~ rate Suggestions made'bY the total committeel Mr. Gomery moved that this plan and approximate cost'figures (attached) 'be pre~ented to the COuncil for consideration.- Motion seconded · and approved.'' " Mayor'~saUnders sa'id he thinks` the plan is g0od~bUt it do'es' not in- clude the proposed pa=king area and he believes it should all'be pre- sented at one time, and asked that it be presented to Council ~t the next regular COuncil meeting. lo!ia. Mrs. Virginia snyder, a news reporter for the Fort'Lauderdale D~l'y'News, informed council that she wanted to lodge"a' formal com- plaint, as a citizen, on a matter she thinks is of prime'~mportance t© other citi'zens as 'it has to do with the suppression of p~blic in~ formation~ further, she feels it requires a poliag'decisi0n orClari--. fication bycouncil, SinCe it 'is in regard to an order given by the City Manager., which suppressed from her any public information or non- public information.from any department .or City employee except the' city Manager himself. There was discussion about an article on the Beach Revetment that Mrs. Snyder had written recently, and during lengthy discussion the City'Manager assured Council that he would review this matter with his department heads, and that he would treat MrS. snYder in the same manner that he treats the rest of'the press; further, he asked Mrs. Snyder to come:to his office and talk this matter over so that it may be W°rked~out. 10'.~i Mr; James'B° McGuire, a'Council~candidate, appeared before council and Commented as follows: "I come here before you as I have come many times in the past on the situation of the south beach. This time I come to inform rather than to ~sk. I want to inform you that a group of interested taxpayers have taken steps to file suit to stop the sale of the south beach property on D~cember 5th. As a first step~ we will request an injunction tO prohibit the public auction scheduled for this date. The request for this injunction' is based on -two con- sideratiOnSo Improper advertisement of the sale as provided by the City Charter, and, the Charter amendment, which, in our view, prohibits Council from selling the south beach or any other public beach." The City Attorney said the irony of this situation is the City has just finished two years of litigation deciding the City could buy the beach, 10.a. Mrs. John Gill, 1102 Miramar Drive, informed Council of the time and trouble it is to clean the lawn at her residence and at her apart- ments, both being corner properties, of the deposits left by dogs when they are being walked by their owners, she asked if something could be .done to enforce those people to take their dogs someplace other than a person' ~.. City Attorney Adams ~ggested this item be referred to the City Manager that his staff may look into the matter to determine if there is some area of legislation that might help'. Mr. J. Wm. Schmalz, 200 Andrews Avenue, complained of dogs killing the young rabbits in 'his yard and .that he could get nothing done about it. Mr. E. W. Kresser, 234 N. E. 17th Street, 'complained of dogs .runnin~ at large in his area. 10.b, City Clerk Worthing announced that there-would be a Forum for Candidates seeking Council seats at the December 3rd General Election, which Forum would be held at 8:00 P.M., Tuesday, November 26th, at the First Federal Savings & Loan Association on East Atlantic Avenue, sponsored by the Men's Republican Club. 10.b. Mayor Saunders said there had been several controversial items on the agenda tonight and that he appreciated the behavior of the audience under such circumstances. 10oC. City clerk Worthing presented Bills for Approval as follows: General Fund $249,071.86 Water Operating & Maintenance Fund 7,636.36 Water Revenue Fund 15,000.00 Capital Improvements Construction Fund 3,291.95 Sewer Revenue Fund 15,000.00 Utilities Tax Certificates, Pr~_ncipal & Interest Redemption Fund Water & Sewer Fund 18,165.00 Interest & Sinking Fund,. Water .~: Sewer Revenue Bonds, Series 1961, 62 & 63 97,851.25 Sewer Construction Loan Fund, First Federal Savings & Loan Association of Miami 40,108.38 Th~ bills were unanimously ordered paid~ on motion by Mr. Jurney and seconded by Mr. Youngblood. The meeting adjourned at 10:30 P.M. R. D City Clerk -6- 11-25-68 220-A ORDINANCE NO. 27-68. AN ORDINANCE OF -TB1~ CITY COUNCIL OF TH~ CITY OF DELRAY BEACH,~FLORIDA, AMENDING SECTION 29-8.2, CHAPTER 29, CODE OF ORDINANCES OF THIS CITY BY AMENDING SUB-SECTION (C) PERTAININ~TO SETBACK REQUIREMENTS WITHIN A CERTAIN AREA OF TH~ CITY OF DELRAY BEACH. WHEREAS, the City. Council has proposed the realignment of Germantown Road and the easterly projection thereof to State Road A-l-A; and WHEREAS, this new alignment will serve as a major East-West access throughout the southerly section of Delray Beach intersecting with State Road 809 (Military Trail), the southerly extension of Congress Avenue, Old Dixie Highway, State Road 5 (U. S. No. 1} and State Road A-I-A; and WH~S, the proposed future development of the City of Delray Beach dictates this proposed thoroughfare to be of major im- portance, and WHEREAS, it is deemed to be in the best interest and the general welfare of the public to establish setback lines alongthe herein described portion at the present time; and WHEREAS, the City of Delray Beach, Florida( and Palm Beach County, Florida are desirous of establishing a 106 foot right-of-way wi4hhfor Southwest and Southeast 12th Street (Germantown Road) and to align said right-of-way in a direct East-West alignment between State Road 809 and State Road A-1-A for an Eas%-l~est arterial, route serving the Delray Beacharea, with the centerline of said 106 foot right-of-way being described in Section 1 hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Sub-section (C) of Section 29-8.2, Chapter 29, Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as foIlows: "(C) Setback lines shall be established sixty- '. eight (68) feet on both sides of the centerline described as follows: Beginning at a point on the west line of Section 24, Township 46 South, Range 42 East (being the centerline of SR-809), said point;lying 53 feet north of and at right angles to the south line of said Section 24, Township 46 South, Range 42 East; thence run in an easterly direction paral- lel with and 53 feet north of the south line of Section 24, Township 46 South, Range 42 East and the south line of Section 19, Township 46 South, Range 43 East, to a point lying 2064.48 feet west of the southeast corner of said Section 19, Town- ship 46 South, Range 43 East, said point being the beginning of a 3° curve, concave to'.the south, having a central angle of 6°30'43'' and a radius of 19~0.08 feet; thence in a southeasterly direction 217.10 feet along the arc of said 220-B Page 2. Ordinance No. 27-68. curve to the end of said curve; thence continue in a southeasterly direction 250 feet along a line created by the extension of the tangent of above mentioned curve, to the beginning of a curve concave to the north, having a central angle of 6°30'43'' and a radius of 1910.08 feet; thence 217.10 feet along the arc of said curve .... in an easterly direction to the end of said curve, with the end of said curve being a point on the south line of said Section 19, Township 46 south, Range 43 East, lying 1386.68 feet west of the aforementioned southeast corner of said Section 19, Township 46 South, Range 43 East; thence in. an easterly direction along the south line of Sections 19, 20 and 21, Township 46 South, Range 43 East, to the centerline of State Road A-1-A and the end of herein described centerline of right.of-way description; with all of Lots 33, 34 and 35 in DEL-HARBOUR Subdivision, as appear on Plat thereof in Plat Book 25, Page 148 in the Public Records of Palm Beach County, Florida, being considered a part of this herein right-of- way description." PASSED on second and final reading in regular session this the 25th day of November , 1968. /S/ J. L. Saunders MAYOR ATTEST: /S/ R. D. Worthinq City Cierk First Reading Second Reading ORDINANCE NO. 29-68. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO T~E CITY OF DELRAY BEACH CERTAIN LAND LOCATED IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- PAL LIMITS. OF SAID CITY~ REDEFINING THE BOUND- ARIES OF SAID CITY TO INCLUDE SAID LAND; PRO- VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND;~ A~ID PROVIDING FOR THE ZONING THEREOF. WHEREAS, MARTIN L. LUTHER, a widower and single man, and the BRO~ARD NATIONAL BANK OF FORT LAUDERDALE, Fort Lauderdale, Florida, as Administrator C. T. A. of the Estate of C. Richard Heileman, Deceased, are the fee simple owners of the property hereinafter described, and W~EREAS, MARTIN L. LUTHER, a widower and single man, and the BROWARD NATIONAL BANK OF FORT LAUDERDALE, Fort Lauderdale, Florida, as Administrator C. T. A. of the Estate of C. Richard Heileman, Deceased, have petitioned, consented and given permis- sion 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 following described tracts of land located in Palm Beach County, Florida, which lie contiguous to said City, to-wit: A parcel of land in Section 21, Township 46 South, Range 43 East, Palm Beach County, Florida, more particularly described as fo llows: Lots '14, 15, 16, 30, 31 and 32 of BloCk 2, MODEL LAND COMPANY SUBDIVISION of t~%e West One-half (W%) of Section 21, Township 46 South, Range 43 East, according to the plat thereof filed in the office of the Clerk of the Circuit Court of Palm Beach County, Florida, recorded in Plat Book 1, page 128. TRACT 2. The South One-half (S%) of Lots 13 and 29 of Block 2 LESS the North one-quarter thereof and LESS the Florida Inland Navi- gation District Canal right-of-waY, MODEL LAND COMPANY SUBDIVISION of the West One- half (W%) of Section 21, Township 46 South, Range 43 East, according to the plat there- of filed in the office of 'the Clerk of the Circuit Court of Palm Beach County, Florida, in Plat Book 1, Page 128. SECTION 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined So as to include therein the above desc=.ibed parcel of land, and said land is hereby de- clared to be within the corporate limits of the City of Delray Beach, Florida. 220'D Page 2o ORDINANCE NO. 29-68. SECTION 3. That the parcel of land ~nabove described is hereby declared to be in Zoning DistriCt ~-~fis defined by ex- z ting Ordinances of the City of Delray Beach, Florida SECTION 4. That the land hereinabove described shall immediately 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 nowor may be, and persons residing thereon shall be deemed citizen~ 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 regular session on the second and final read- ing on the '25th day of November ', 1968. L. Saunders. _ MAYOR /S/ R. D. Worthinq City Clerk NO~EMBER 20, 1968. A special meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at ll:00.A.M., Wednesday, November 20, 1968, with Mayor J. L. Saunders in the Oha'ir, City Manager David M. Gatchel, City Attorney John Ross Adams, and Councilmen James H. Jurney, James B. Wilson and O. F. ¥oungblood being present. The Pledge of Allegiance to the Flag of the United States of America was given. Mayor Saunders called the meeting to order and said that same had been called for the purpose of Council canvassing the returns of the Primary Election held on Tuesday, November 19th, 1968, and for any other business that may come before the meeting. City Clerk Worthing reported to Council as follows: "In compliance with Chapter 12, of the City's Code of Ordinances, the result of the voting in the Primary Election, held Tuesday, November 19th, 1968, as reflected in the Return thereof, submitted by the Election Clerk and Inspectors, is as follows: (in alphabetical order) JAMES H. JURNEY 761 JAMES B. McGUIRE 453 DANIEL R. NEFF 336 JOHN L. PITTS, III 452 ROBERT L. RICHWAGEN 106 JAMES H. SCHEIFLEy 842 ~' RICHARD F. WARD' 357 CHARLES J. WICK, II 106 In further accordance with said Chapter 12 of the Code, Council should canvass the Clerk's Return of the Election, and in the absence of a declaration of contest by any of the candidates, declare the four candidates, receiving the highest number of votes, as being the Nomi- nees whose names shall be placed on the Ballot for the GENERAL ELEC- TION which will be held on Tuesday, December 3rd, 1968, those four candidates being, in Order of Votes received: " "' ~ 'JAMES ~{. S~HEIFLEY 842' JAMES H. JURNEY 761 JAMES B. McGUIRE 453 JOHN L. PITTS, III 452· The pleasure of Council is requested concerning the acceptance of the ret'urn as submitted." Mr. wilson moved that the Election returns be certified and ap- proved as read by th® City Clerk. The motion was seconded by Mr. Youngblood and Carried unanimously. Mayor Saunders then read .the folloWing ELECTION PROCLAMATION. WHEREAS,' 'the Charter. of the City of Delray Beach, Florida, pro- vides for a General Election' for the purpose of electing two City Councilmen. WHEREAS, in pUrsuance of said charter provisions it is provided that such General Election shall be held on Tuesday," Decemb:er 3, 1968. NOW, THEREFORE, I, J- L. SAuNDERS, Mayor of the City Of Delray' BeaCh, Florida, do hereby call for sUch' General 'EleCti°n to b'e held on Tuesday, December 3rd, 1968, between the hours of 7:00 AIM., and 7:00 P.M., the ~olling place to be located at the community Center, 50 N. W. 1st Avenue, in'the .City of Delray Beach, Florida. AI'i qualified electors of the City of Delray Beach, Florida, shall be qUalified to vote in such el~ution. Dated at Delray Beach, Florida, on 4:his 20th day of November, A.D. 1968. Sp. 11-20-68 Mr. Jurney asked if it would pose any problem to provide a Polling place in the beacharea on account of traffic. During discussion it was decided that no change be made before the December 3rd General Election, but that this item be discussed at a workshop meeting conCerning more than one polling place for future elections. The meeting adjourned at 11:10 A.M. R. D. WORTHING APPRO ~ .~ ,:!~ City Clerk .......... C~_':. , _____ ._ _ MAYOR