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08-14-67 135 AUGU~'~ 14, 1967," A regular meeting of the City Council of Delray ~each was held in the Council Chambers at 8:00 P.M., with Mayor Al. C. Avery in the ._Chair, City Manager David M. Gatchel, City Attorney John Ross Adams, and Coun- cilmen J, LeRoy Croft, James H. Jurney, LeRoy W. Merritt and George Talbot, Jr., being present. 1. An opening prayer was delivered by Rev. ~arl Storey. 2. The Pledge of Allegiance to the Flag of the United States of America was given. 3. The minutes of the regular meeting of July 24th, 1967, were unani- mously approved, on motion by Mr. Croft and seconded by Mr. Jurney. 4. Mayor Avery read a PROCLAMATION designating August 17 - 27, 1967, as an interdenominational GOLD COAST CRUSADE WE~K in this area of Palm Beach County, and urged all citizens to reaffirm their religious faith and attend the church of their choice during that period. Mayor Avery presented said Proclamation to Rev. Carl Storey and ask- ed him to announce the plans for that week. Rev. Storey announced that everything is in readiness for the well known Evangelist Moody Adams who is coming here from California to take part in this Crusade to he held at the Seacrest High School stadium. He invited everyone to attend these meetings, and thanked Council and others for the_.co0Peration and assistance given toward this endeavor. 4.' City C~erk worthing read a letter to MaYor Avery date~.July '19, 1967, from Mayor P.' Pflimlin' of Strasbourg Alsace' Lorraine, France, expres~ing his 'aPpreciatiOn at'-being apPOinted an Honorary MaYor' ~f the City of Delra~ Beach, which certificate was presented to him by Miss Carol Rick, a Seacrest High SchoOl student studying at a University in France this summer .' ' 4. City Clerk Worth~ng read the following letter to the' City Manager from the Zonta Club of Delray Beach, dated August 7, 1967: "The Zonta Club of Delray BeaCh at its meeting AugUst 1st, 1967, has passed the roi'loWing resolution.- That we petition the City Council and City Administration to allocate more mon~es in the coming budget for more policemen and the allocation of more monies for salaries an~ funds for the ministration of the police department of ou~ cityl We fee! that at the present time the Department iS understaffed, due to salaries paid. The last: few weeks have forcefully brought to the citizens that more police protection is' an i~mediate necessity for the ~rotec- tion of our citizens.- If this re~ires additional taxes, we feel that our citizens will gladly Pay them for-the peace of~mind of proper police pro- tection. Copies of this letter will be sent to City Manager, Chief of POlice and local service climbs. We hope the other service clubs will also write yo~':rec/ueSting that our citizens ha~e proper police-protection." 4. Concerning the Palm Beach County Soap Box Derby, City Clerk Worthing read a-letter o£ thanks to the Council from David A. Culver, 3rd runner up in the Derby an~ winner of the bond donated by the City of Delray Beach... ' ' 4. City Clerk Worthing read the following letter to the City Manager from Mr. Donald F~ Cole, 215 S. W. 8th Court, dated August 3, 1967: -1- 8-1~-67 1:36 "1 want to take this opportunity to commend one of your water department employees, Olan Peters, for his efficiency and de- votion to work. About 7 P.M, on July 24th I notified him regarding a leak in the water pipe in front of the house opposite me, apparently caused by the sewer construction crew. While on the way here, he discovered another leak nearby and repaired that one first. The leak in front of my house was a more difficult one as he could not reach the shutoff because of large piles of dirt left by the sewer workers. However he went down into the hole in several feet of water and repaired the leak. Later that night he had to replace the water meter at the same house. The City is most fortunate in having an employee like Mr. . Peters. There were four ruptured water pipes within a three-house block of about 500 feet." 4. Mayor Avery referred to a recent meeting of Council with a Committee appointed by the Delray Beach Civic League concerning a pond located on private property in the southwest area of the City, and asked that the City Clerk read the following letteF from the Palm Beach County Health Department, dated July 31, 1967, and mail a copy of said letter to the President of the Delray Beach Civic League: "Nuisance Sanitary - Pond - Between S. W. 3rd Street and S. W. 3rd Court, Delr~y Beach. Upon request of the City of Delray Beach, Mr. Charles H. Teal, Sanitarian with this department, investigated complaints relating to a pond created hy excavation during construction of houses lo- cated in the 900 block of S. W. 3rd Street and S. W. 3rd Court in Delray Beach, Florida. This investigation indicated the following: 1. The pond is not stagnant and is apparently being fed by fresh water. 2. Fish are present in the pond~ eliminating a possible mosquito breeding area. 3. High weeds are present on the banks of the pond. 4. Septic tank systems servicing the homes are at least 75 feet from the pond and are not considered a source of pollution. 5. This pond is not recommended for swimming purposes. If this office can be of further assistance in this matter, please do not hesitate to contact us." 5. Mr. Croft asked the status of the sidewalk to be constructed on S. E. 3rd Avenue, north from 2nd Street. City Manager Gatchel reported that the street department crews are currently working on sidewalk repair and maintenance, and that side- walk extension is a part of the program and will be installed as soon as possible. 5. Mr. Jurney asked that a date be established at this time for a meet- ing of Council with the Consulting Engineers concerning the Southwest Section Storm Drainage Study Report that has been finalized. Mr. John Klinck of Russell &~xon Consulting Engineers was present, and Wednesday, August 16th, 1967, at 8:00 P.M. was set for said work- shop meeting. 5. Mr. Merritt referred to an unsigned letter that he had received concerning the City Councilmen, and stated that any unsigned letters he receives will receive no attention and no consideration from him. 5. Mr. Merritt announced a Chamber of Commerce Coffee to Be held at 9:30 A.M., Thursday, August 17th, at the Arcade Tap Room, at which meeting Secretary of State Tom Adams will give a talk on the danger of an appointed State Cabinet. -2- 8-14-67 , · 137 5, Mayor Avery referred to a newspaper item regarding City Engineer Mark Fleming inspecting the ocean ~tfall line, and commended the City Adminis%rati°n for seeing that said outfall line is properly inspected. City Manager Gatchel reported there had been newspaper items con- cerning a sister city to the north of Delray Beach having performed an inspection of their outfall line and' found quite a condition of erosion in which a considerable amount of money would have to be expended for protection of the 1/ne. The City Manager reporte~ that such provisions for inspection had been a part of the contract the City of Delray Beach had with the con- tractor who constructed the outfall line several years ago, and there had been annual inspections of the line up to and including last sum- mer, at which time the contractors responsibilities ceased. Further, investigation showed the cost to be very high for such an inspection by qualified people~ therefore, plans were made to use City personnel, and with the use of the Police Department Harbor Patrol Boa~, City Engineer ~rk Fleming and Traffic Supervisor Robin Everett, both being .- experienced divers, as well as some of the life guards and a member of the Police force being experienced divers, an inepection was made of the ocean outfall line, and a report of same was made by the City ~ngineer, dated August 14th, 1967, accompanied by pictures taken with a camera purchased for that purpose. The City Manager said this inspection was made by the City at a considerable savings, and reported the' outfall line is of good con- struction and in good condition. (COpy of said report from the City Engineer is attached to the official copy of these minutes.) see page 'l~4-A. 6.a. Concerning a survey of parcels of land in viola'tion of'the City's nuisance laws presented_by the City Manager, Mr. Talbot 'moved 'that the City clerk be authOriZed to proceed with the enforcement of ChaPter 15 of the Code ~f Ordinances. The'motiOn'was seconded by Mr. Croft and carried unan.im°~sly. (Copy of nuisance survey is attached to the official'copy Of.these ~nuteS.) See pa'ge 144-F. 6.b. Concerning'aPPlication for certificate of'Public Convenience, the City Manager reported'that in compliance with Section 26-7 of the Code of Ordinances, .and directive of council, a public hearing has be~n scheduled to be held at this time on the application of Mr. Ernest Glass'fOr permit to operate a taxi Cab. There being no objections'concerning said'application, Mr. Jurney moved to grant Mr. Glass a Permit to operate a taxi cab in the City of Delray Beach, the motion being seconded by Mr. M~rritt. Following discussion as to a letter ~oncerning the health of Mr. Glass; and that he'shOuld not be' doing physical labor, it was pointed out that he would.only be driving, and doing no physical labor. Upon call of roll,' the motion'carrie~ unanimously. 6.c. CitY Manager Gatchel reported, that the term of app0.~ntment of Mr. Robert C. Westerman on the Sewer Adjustment Advisory Board, would ex- pire August 24th, 1967, and it is recommended-that he be re-appointed to that'.Board for a three-year term of office commencing August 24th, 1967. The City Manager further reported that in compliance with" require- ments set forth in Chapter 27 of the Code of Ordinances, and Ordinance G-553', Council should ' ~ for an Provide additional appointment to the Sewer Adjustment Advisory Board due~to the vacancy thereon as a result of'the resignation as of_July 5th, 1967, of Board Member Charles D. Jefferson; further, that any appointee Shall be a resident and owner of improved property in DelrayBeach. Mr. Mer~itt-moved'that Mr.'RObert C. WeSterman be re-appointed to the Sewer Adjustment Advisory Board for a three-year term, as recom- mended. The motion-was seconded by Mr. Croft and carried unanimously. Concerning a replacement of Mr. Jefferson on that Board, Mr. Talbot suggested that this i~em be tabled until it can be discussed at the next wgrksh0p meeting and be brought'back to Council on the next agenda, which was agreeable to the other ~ouncilmen. -3- 8-14-67 6.d. Concerning'approval of Change Order No. i to Contract of February 25th, 1966, with Dixie Asphalt Company, City Mar~ger Gatchel reported to Council as follows= "Dixie AsphaLt Company has agreed'to extend the Contract for 10,000 tons of concrete to 12,500 tonsat a price of $6.69 per ton, conSidered.a very satisfactory offer..The additional tonnage is determined necessary and sufficient to pave Sanitary Sewer Area 12 and extensions, now under contract with the Dawson Company, Inc. Acceptance, and execution of the Change Order by the proper officials, is,.'therefore, recommended.'* It was pointed-out that there is sufficient bond money available to cover"said cost, and the City Manager reported that the City, in its General Fund operation, has been able to take advantage of such a good price. Mr. Talbot moved that Change Order No. 1, to the February 25,.1966' Contract with Dixie Asphalt Company be authorized, the motion being seconded by Mr. Croft and nnanimously carried, copy of change Order No. 1 is attached to the official copy of theses minutes.) See pages 144-B-= 6.e. City Manager Gatchel reported that Council, at its last regular - meeting, received, opened and made public the bids received for the construction of Sewer Collection Systems in Areas 23 and 25, and the bids were then referred to the Consulting Engineers for tabulation, review and recommendation. Further, according to a copy of the ~ngi- nests report, attached to the Agenda, the low bid of Cambron Construc- tion Company, Inc., in the amount of $194,595.80 is recommended for acceptance. Mr. Croft moved that said award be made to Cambron Construction Company, Inc., in the amount of $194~595.80, the motion being seconded by Mr. Talbot and unanimously carried~$~Y~X~ 6.f. Regarding sewage collection systems construction in Areas 23 and 25, CitY Manager Gatchel informed Council that subject to its pleasure to continue with the present Sewage Collection Systems Construction Supervision, namely Russell & Axon, Supplemental Agreement No. 12, to the Engineering Contract between the City and Russell & Axon, dated September 30th, 1959, has been prepared, iS available and~ contingent upon the Council's pleasure, its execution by the proper City officials should be authorized. Mr. Talbot said'that before, moving to accept said contract, if it is agreeable with Council, he would like to request that the services of inspection be by the same inspectors recently used, namely Bob Errigo and Stewart Johnson. Mr. John Klinck of Russell & Axon informed Council that Mr. Errigo and Mr. Johnson would be assigned 'to the construction supervision in Delray Beach. Mr. K~inCk introduced Mr. ~er! Woolbright, a retired ~ngineer of th~ State Road Department, and announced that Mr. woolbright will be the · ~ ~lray Beach office manager for Russell & Axon. Mr. Talbot then moved that said Supplemental Agreement No. 12 be executed by the proper C~ty officials, the motion being seconded by Mr. Merritt and unanimo,~A:y carried. Mayor Avery asked t~at,Mr. ~linck convey to Mr. Errigo and Mr. Johnson the ~F~e~ of Couno~l for the fine work they have been doing. (copy of supp~ Agreement No. 12 is attache~ to the official copy of these minutes.) See pages 144-D. 7.a. Concernin~ a request of the Palm Beach County Medical Society that the City appoint a representative to a Palm Beach County Health Planning Council, the City Clerk reported that all local physicians, as well as the Administrator of Bethesda Hospital, are supporters of the Palm Beach County Medical Society, and highly recommend the City's participation through the appointment of a local resident to the Planning Council, which appointee should be one interested in planning for better health conditions throughout the County. Mayor Avery suggested that Mr. Gerard J. Yonkman be appointed to said Council, and Mr. Yonkman agreed to accept sa~d appointment which was ~nanimously ~made on motion by Mr. Merritt and seconded by Mr. Talbot~ -4- 8-14-67 1.39 7.b. The City Clerk reported that detailed ~nformation, as requested by Council 'at its last regular'meeting, pertaining to the petition of Mr. Richard J. Price for a gratis license had been furnished; further, the applicant has been granted gratis licenses by adjoining municipali- ties due to hisphysical handicap, and the Vocational Rehabilitation Division of the State Department of Education, recommends a gratis license be issued the applicant as provided by the Florida Statutes and the City's Code of Ordinances. Mr. Merritt moved that the request be denied, the motion being sec- onded by Mr. Jurney. Mr. Merritt explained that the applicant lives in Lantana, has a business in Boynton, and that Delray Beach has several good, licensed, people in that business, Following further discussion, and upon call of ro11, Mr. Croft, Mr. Jurney, Mr. Merritt and Mayor Avery voted in favor of the motion, and Mr. Talbot abstained from voting. 7.c. City Clerk Worthing informed Council that Mr. Bertram Fashaw has applied for a permit to conduct a Day Care Center, on a parcel of land in Block 14, located at 128 S. W. 6th Avenue. Further, this request concerns Conditional Use of land and permit to construct a building thereon, and it is recommended same be referred to the Planning/Zoning Board for a public hearing to be held thereon, in accordance with the City's Code of Ordinance requirements. Said request was unanimously referred to the Planning/Zoning Board, as recommended,.on motion by Mr. Merritt and seconded by Mr. Croft. 7.d. The City' ~lerk reported that relative to the recent petition f the Junior. Chambetl Of c~mmerce t° spOn~O~ Weekly' Bingo 'Games in the Civic Center, Council attehti~n is directed to the' fact' that imProper utilization ~f'a~ p6rtion of'%he CiVic Center buildingWOuld a~tually violate'the intended use of its facilities'for city'or~ani~ational and recreati0nal programs; further; it is believed that to grant such peti- tion might establish such' p~ecedent as could well result in multiple requests of similar nature krom many other OrganizationS; and cO~=il pleasure concerning said petition is requested, as"welk a~ an establish- ed policy to govern procedure for future ~imilar requests. Mr. Talbot moved that said request be turned down, and the policy be set with this motion that-such or similar cases in the future be given the same treatment. The motion was 'Seconded by'Mr.-Croft. During discussion, the City'Manager explained that this item had been very thoroughly considered, and that he would do everything possible to find some alternate location for use by the Jaycees. Upon call of roll, Mr. Croft, Mr. Merritt, Mr. TalbOt and Mayor' Avery voted in favor of the mo%ion and Mr. Jurney was opposed. 7'.e.. The city Clerk informed COunci% that a reques~had been received for City abandonment of that portion.of the north-soUth 'alley in Block 62, extending northward from S.W. 2nd Street between Swinton and West 1st Avenues, a distance of '382%5 feet, being 62.5 per cent of the ex- isting platted alley, which has never been' opened or used,' and it is recommended this request be referred to the Pla~nning/Zoning Board for review and recommendation. Mayor Avery suggested that this' reques~ alSobe studied for possible use of City services. . Mr. Talbot moved that said request'for abahd0nment be referred to the Planning/Zoning Board, also that it be checked by the City Adminis- tration as suggeste~ by Mayor Avery, 'the motion being seconded by Mr. Croft and unanimously carried. 8.a. City Clerk' Worthing presented RESOLUTION NO. 15~67. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ORDERING TH~. OP~NING,.-GRADING AND PAVING ~F THAT PART OF NORTheAST S~VENTH COURT~YING BETWEEN SEVENTH AND EIGHTH AVENUES A DISTANCE OF TWO HUNDRED THIRTY-FIVE (235) FEET. -5- 8-14-67 .14'0 (Copy of Resolution No. 15-67 is attached to the official copy of these minutes~ ) See page 144-F=G. The City Clerk reported this resolution would be advertised in ac- cordance with Charter requirements and a date set for public hearing concerning said proposed improvement. Resolution No. 15-67 was unanimously pa~sed and adopted on this first and final reading, on motion by Mr. JUr~ey and seconded by Mr. Talbot. 8.b. City Clerk Worthing presented ORDINANCE NO. 25-67. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND LOCATED IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ~gHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY~ REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND~ PROVIDING FOR~ THE RIGHTS AND OBLIGATIONS OF SAID LAND~ AND PROVIDING FOR THE ZONING' THEREOF. 824 Andrews Avenue. (Copy of Ordinance No. 25-67 is attached to the official copy of these minutes. ) See page 144-E. There bein~ no objection to Ordinance No. 25~67, said Ordinance was unanimously passed and adopted ow this second and final reading, on motion by Mr. Talbot and seconded by Mr. Croft. 8.c. The City Clerk presented ORDINANC~ NO. 26-6?. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY' BEACH CERTAIN LAND LOCATED IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY~ REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND~ PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND= AND PROVIDING FOR THE ZONING THEREOF. 902 N. E. 9th Avenue. (Copy of Ordinance No. 26-67 iS attached to the official copy of these minutes. ) See page 144~H. There being no objection to Ordinance No. 26-67, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Jurney and seconded by Mr. Merritt. 8.d. The City Clerk presented ORDINANCE NO. 2?-6?. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN L~ND LOCATED IN SECTION 2I, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY7 REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND~ PRoVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND~ AND PROVIDING FOR THE ZONING THEREOF. 1020 Rhodes-Villave .Avenue. (Copy of Ordinance No. 27-67 ia attached to the official copy of these minutes.) See page 144-I. There being no objection to Ordinance No. 27-67, said Ordinance was. unanimously passed and adopted on this second and final reading, on motion by Mr. Talbot and seconded by Mr. Croft. 8.e. City Clerk Worthing presented ORDINANCE NO. 29-67. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND LOCATED IN SECTION 28, TOWNSHIP 46 SOUTH, RANGE 4~ EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY= REDEFINING TH~ BOUNDARIES OF SAID CITY TO INCLUDE' SAID LAND~ PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND~ AND PR(~VIDING FOR THE ZONING T~OF. 2203 South Ocean Boulevard 8-~4-67 54! (COpy of Ordinance No. 29-67 is attached to the official copy of these minutes. ) See page 144-J. There being no objection to Ordinance NO. 29-67, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Jurney and seconded by Mr. Talbot. 9.a. The City Clerk read the following Planning/Zoning Board report, dated August 1, 1967: "SUBJECT: PERMISSIVE USE FOR CHURCH CONSTRUCTION AND FUNCTIONS. On July 18, 1967, a public hearing was held in the. Council Chamber for permissive use of Lots 9 and 10, Block 3, Atlantic Park Gardens (133-137 S. W. 13th Aven~e) to construct a church f.~r the National Church of GOd, and use of same. No-one appeared in opposition. 'to this ~equest.~ on August 1st, 1967, after studyin~ the site plan, the Board unanimously recommends to counci! that the .~eq~est be granted subject to the addition of one additional ~ark!ng space, bring- ing the total spaces to 14 as required by the Zoning Ordinance as the church building will seat 70 persons." Mr. Croft moved that the request be granted subject to the recom- mendation of the Planning/Zoning Board of one additional parking space. The motion was seconded .by Mr. Talbot an~ carried unanimously. 10'.a: Mr. Thomas Hatcher of North Barwick Road, presented the follow- ing petition to Council, and said that it contained 327 signatures of persons in Delray~'Be~Ch and ~axpayers'of the City: ' ' '~- ~' ' ,,'W~, the ~n~'e~s'igned 'taXpayers of-the City of Delray Beach, do hereby request the City Council to take imm~diate action on ' That the City of Delray Beach clear the underbrush, leaving most of the larger trees, and provide a shell rock typ arid parking ar~a in th&' ne~l~ ~u"~Chased City Be~ch Area,. inl order that this public Prop~r. ty may be made avafIable for 'us~ by the ~axpayer of the City"of DeIraY~Beach."' Du~ing discd~si0n~ 'Mayor Avery said that he WOuld like for there to be a public r~ferendum before the cou'ncil' takes any action to se11 said beach, .and."that it not be i~volve~ i~.-a political campaign. Ma.~o~ 'AVe~ ~%linquiShed t~e gavel~ to View-'Mayor ju~ne~ and moved tha~ a -$efef~n~ be ~held on th~ secon~~ Tuesday of September for' the purpose '~'f ~ting' the public deC~e~ Whether they w~n~0~ keep ~his beach a~d ~evelope iE as a family beach, or' whether they want to sell it. The .motion..was seconded by Mr. TaLbot. Mr. j..'W~u. '$~Cb2malZ ques'tio.ned the' desire at this ~me~f~r' a: refer- endum-.to be he"ld C0n'cer~ing the~ale-Of said beach prOPerty. ~hen the people were not' give~ "that Consideration a~ the' ti~'e the beach property was purchased. During d~'Scussi-on, it wa~ ~ted 0ut~ that"Sai~a~ propert~ was purchased'by m~jor~tY ~ote of.'the Council without referen~m~ there- fore, ~wh~'can' it, not"be sold .by"ma~ority Vote of council without referendum. City Attorney said- ~ha~ he' is concerned W~th thin~s' tha~ are non- policy; that the decision .made, and the decision' tO~ be. made~ are policy, but' that he has-been examining the records and everythihg UP to and in- cluding the purchase Of th~ Mr. James McGuire', Sl 'E. 7th Avenue, said he is in favor of keeping said beach and improving 'i~ fvr public use.. Mr. ~. Be~ Adams, RegisteEed' Real Estate Broker in: Del~a¥ Beach since' 1933'~ a'sked C0uncil if there had been a registered N.A.I. ap- praisal on the beach .property'before it was purchased, and was in- formed':~ha£ there had not been suCh an appraisal. Mr:.'~%dams'-said: if the Oity would like tO buy 400 feet of property, a little .further south, he would be happ~ to sell it for $875.00 per front foot'~'~t.he highest -7- 8-14-67 elevation, extending all the way to the canal, and that he feels the City has more than a liberal offer for ocean front property, as of today. During lengthy discussion regarding said beach property, holding a referendum concerning .s~me, .time of holding a referendum, etc., Mr. Jurney said that in the event someone desires to buy said beach proper- ty for $450,000 to $500,000 that he wouldn't want to close that door, and Mr. croft asked if a decision is made to hold a referendum would preclude a possible sale of the property. The City Attorney said that it would not, and suggested if Council desires to hold a referendum regarding sale of the property, there should be a WOrkshop meeting, open to the public, for discussion of 'the terminology in the referendum as there may be two or three alter- natives~ such as use with moderate improvements, etc. He said that the. Charter was changed .in 1963 to allow the Council to spend funds for a non-binding straw vote with any conditions they wished to stipu- late, so there is a lot of flexibility in getting a vote of the wishes of the people, but suggested that it be thoroughly discussed before the actual wording of a referendum. ~ Mr.' J. Wm. Schmalz, 200 Andrews Avenue, said if there is a referen- dum held on the beach'item in the near future before the General Election, asked if said referendum would also include' the right that he has, as an owner of a co-op apartment, to file as a candidate for the City Council. The City Attorney said that if such a referendum is held, that it has to be held on or before .the next General Election. Regarding the beach property, Mr. Merritt read the f~llowing excerpt from the Council meeting minutes of July 24, 1967: "Mr. Jurney said it is his desire that the property still remain open for sale to any one who comes up with sufficient amount of money that the Council will accept, subject to whatever is legal. The motion was seconded by Mr. Merritt, and upon call of roll, Mr. Croft, Mr. Jurney and Mr. Merritt voted in favor of the motion and Mr. Talbot and Mayor Avery were op~ posed.' Mr. Merritt said that it seems if this is already a matter .of record that the property has been and is still up for sale, the previous action would have to be rescinded before a motion could be accepted or recognized concerning the matter. He then moved to move to the next order of business. The motion was seconded by Mr. Jurney and upon call of roll, Mr. Croft, Mr. Jurney and Mr. Merritt voted in favor of the motion and Mr. Talbot and Mayor. Avery were opposed. City Attorney Adams said he disagreed with that point of order, as to vote on holding a referendum.would not counteract or rescind the idea of whether to sell the property; that even if there was. la vote regarding a referendum the property could still be held open~ for sale. 10.a. Concerning a referendum to allow a co-operative owner tO file as a candidate for City Council, Mrs. Dorothea G. Montgomery asked if only freeholders, or if all registered voters could vote in such a referendum o '~ City Attorney Adams explained that it is a referendum set' forth in the Bill, and that he believes it requires a majority o~ the registered voters. lO.a. Mr. Wallie Sampson, 706 S. E. 8th Street, informed Council that he is not present in the interest of any organization, but rather at the request of a group of alarmed citizens, ladies, who wish him to convey to Council their hopes for effective action in the interest of this community, especially their lives. He said their alarm is a re- sult of a wave of crime, not only nation wide, but right here in Delray Beach. 'Mr. Sampson read excerpts from headlines and news'items concerning incidents throughout the natioN,' and quoted figures on the number and type of solved and unsolved crimes' committed in Delray Beach. He said that the solution of the group heI~i'~' representing is an armed citizenrY, and cited from newspaper articles 'where pistol instruction courses had -8- ~J14-67 143 'been set UP for women. ' Mr.', sampson concluded his presentation as 'follows.-' "It is hereby requested that such a program be, set up im- mediately by the Police Department of Delray Beach. The Alternatives are.- 1. A pistol-class by some neighboring Police Department. 2. Private instruction.! ~.The remedy 'for~ murder,, rape, riot or ·robbery is armed defense. The constitutional right not subject to any politi- 10.a. Concerning the use of the City Municipal· Beach, Mrs. ~oseph Ellis said it had been her impression tha-t fishing with a rod and reel had been confined to the north and south ends of the beach, but that she had been confined within a small area yesterday by people fishing= further, the lifeguard could do nothing about itl b~0ause he thought there Were no restrictions. Mrs. Ellis suggested that~ there· be re- ~trictions 'about fishing in .areas where people .are swimming .and about the ~ma'll boats' that come onto the;beach, and. asked 'if there are exist- 'ing.'requlations concerning areas on., the beach where fishing is permit- City Manager Gatchel informed Council .that he would be'Pleased to handIe this item with the proper parties, and that he would have to do some checking into the matter.. . 10.a. Mrs. George Stewart, 823 N. E. 1st Court, said that due to a robbery and a break-in.within four months, she is requesting .that a street lightbe installed at the end of the st?eet'which is on the May6r Avery-sai~'he'~"h~d:-b~OUght~ t~'is ~m~tter to the ~%t~ti~n of the City-'Manager af~e~ 'receiVing a dall' ~r~Lr~ ~'te~art, '?~d,~h~t 'the 'City it h~d'.b~n uhd~'~ d~sCUssi~h~a]~)U~'~ ~ar¥~a~o~' ~nd-~'~there'' was ~ue~t~£.on Of U~dergroUnd Wi~ihg~ instead~' o'f- the' ne~e'ssary t~imm~ng' of trees "to install a light. t0 ~. ~rs. Db~:the~ ~ G ~ Montgomery asked if peop~l'e' Who. know. h0W ~' ?M'r. "Merk:i~t~ ~aid 'that ra~t~e belongs to' a'~ pr~va~~? c'lub' ~n~ ~it would posS~b'ly have~ to~ be-' taken~' up with the Board. 0~' Di~ector~' '6~! th~-~-P~lice 10,~ Mayor Avery said ~he -thOught t~e"'request of-Mr~ S~mpson. and qUest'ion of Mrs.'~.Montg~mer~'should be- taken' up With the- Poiice Depart- 10.~i..-.'Mr:.' Tal~0't'.r~.e~re~"t° the request'of Mr, Hatcher and ~t~t. ion' P~esen~e~' .to C~Un'cll concerning use'~of the'·400 'f~et 'Of- c~'ty 0wn~d.-be~h-pripe~t~ and~i~equested that the..Uity Manager and his recreati0nal staff make s study of opening the beach= further, his idea- .is'-~hat it' Should '~be - fenced, with an adequate~' gate = ' Undergrowth _ cleane~ out without stripping the natural beauty of %h~b~ch= pro- visio, of tables, benches, coOkout f~Cilities~, prope~ 9arkli~g~ and th~-.:po~S~ib'ility: of a lifeguard, and that a report be made ~ th~-s as 10~x~ toncerning the' request just made by Mr. Talbot, Mr. Jurney directed the City M~ nager, at the same time this. other study is being made, to Com~ 'UP'with' th~ ~OstS'Of ~h~t all of this· Wil'! ~ntai~' so th'~t~,'i~: may b~',de~r~ed:'hbW ma~'y 'mills': wilI~need to be added in 10ih. City Manager Gatchel reported that during the. last week in July the Municipal Swimming Pool had to be closed due to the failure of the i~take pump which furn'ishes the water from ~the beach w~l:.l~d circu- · ~a't~s 'it throUgh the p001; and in attemPt'ing' emergency~repairs, in d~r tO place the pool back into operation for the Cityts Summer Pool -9- 8u~4-67 Programs, major additional repairs wer~i~nd necessary. Furthe=, replacement of motors, i~peller, many additional badly corroded, but vital and necessary parts, together with-re~qu.!r.~ed electrlcal wiring and lab°r' in connectic~, with ins~al.tation.~bf ~r and equipment~ re- sulted in a total eXPenditure~Of $1,104.0~, an~'~an appropriation from the General Fund Contingency Account is reqUested to cover that emer- gency expense of $1,104.07, Which is a non budget.~, item. Mr. Talbot moved that the 'expenditure be appro~'~d and appropriated from the General Fund COntingency Account, the motion being seconded by Mr. Merritt and unanimously carried. 10.c. City Manager Gatchel presented Council with copies of the pro- posed budget for the fiscal year of 1967-68, and read his accompanying letter of transmittal. The first budget study meeting was scheduled for Monday, August 21, 1967, at 7=30 P.M., and Mayor Avery said that all budget meetings are open to the public. 10.d. City Clerk Worthing presented Bills for Approval as follows= General Fund $ 105,163.64 Water Operating & Maintenance Fund 6,570.14 Water Revenue Fund 41,000.00 Disaster Fund 10,000.00 Cigarette Tax Fund 5,358~ 00 Sewer Construction Trust Fund 60,055.19 The bills were unanimously ordered paid, on motion by Mr. Croft and seconded by Mr. Jurney. The meeting adjourned at 10:18 P.M. R. D. WORTHING~ City Clerk AP~I~OVED: MAYOR ~ -10- 8-14-67 MEMO TO: City Manager 144-A FROM: City Engineer SUBJECT: Inspection of Sewer 0utfall, Aug.10,1967 DATE: Aug. 14,1967 On August 10,1967,a complete visual inspection was made of the 30" Ductile .Iron Pipe outfall for the sanitary sewage system, from the beach at '~tla~tic Ave. to the end of the pipe approximately one mile off-shore. A sufficient quantity of dye,orange-green in'color and flourescent in appearance,was introduced into the line prior to the inspection, to thoroughly permeate the entire length,and give q~iok identification of any failures. All visbble portions of the installation are in excellant condition,and it was found to be functioning perfectly in all respects. The pipe was found to be covered with sand from the shore-line to a point approximately 300 ft. offshore. From this point,about 18 Joints are partly visible,and the tie-down straps at the point where the grade changes,are in good condition. The next 3700 ft. of the pipe is entirely covered to the point where the channel crosses a coral reef about 300 ft. wide,at a depthof from 65 to 80 ft;thence down a steeper grade,a distance of about 600' ft. to the outfall structure at a depth of 104 ft. Across this reef,and down the outside slope, the channel is well defined,and the pipe is visible at inter- vals. At all visible points,the pipe was well bedded with no evidence of settlement or leakage. The concrete outfall structure was covered over with rooks by the contractor,and the discharge end of the pipe, angled upward from this structure,was plainly visible and functioning properly. I have personally inspected all visible portions of the line, and have on file about forSy pictures made for verification and for purposes of record. Attached are several typical pictures showing the outfa~l end,the portion through the rock cut,and the portion emerging from the sand Just off-shore. ~ ' M~Fleming // ~ City Engin~ GITY OF DF_~L~Y BEACH pALM BEACH GoUNTY, FLORIDA Pro~ect No. 5964-10a Asphalt pavement p, eplaoement The re surfacing of Git%r-owned streets which have been disturbed by the installation of sanitary sewers installed under pro)ect ~59.64-8b. GIqANGE ORDER NO. . . ~th day ot~, Florida, This agree as party of the SecOnd and 1967, bY and be as party of the First part and Dixie Asphalt company, part, the same being a change or supplement to a certain Contract by afore said, dated February Z5, 1966, for the resurfacing. between the parties which have been disturbed by the installation of seni- or City-°wried streets tary sewers installed under project No. 9564-8b. NViTNESSETH: I. NVI4~, the party of the First part desires to amend the contract to provide for the extension of units, to furnish material and construct one- inch Asphaltic Concrete Surface Gourse, TYPe II, Item No. 1. II. THEREFORE, the party of the. Second Part agrees to carry out the construction of asphalt pavement replacement in the areas as designated by the party of the First part. It is further understood bY both parties that the will be Z,500 tons at the same unit price of e original contract unit er ton, as th L .~ ,~nn~aCt amount .... entS ($6.69) P extensiOn of units to Item No. 1 $?0~6 to $$?.161. WaS on an open- from III. It is further agreed and understood that the contract end time completion and that the unit prices will be valid and all work com- pleted before ~anuary 1, 1968. This change Order shall not alter in any manner the force and effect of the original contract dated FebrUarf ~5, 1966, 144-C CITY OF DELRAY BEACH CHANGE ORDER 'NO. 1 Project No. 5964-10a Page 2 Asphalt Pavement Replacement and the same shall stand in full force and effect in all respects except as amended by this agreement. Recommend for Approval RUSSELL & AXON GONSULTING DIXIE ASPI-IALT COMPANY ~ 7~ Project Manager Approved as to Form: CITY OF DELRAY BEAGH PALM BEACH COUNTY, FLORIDA OiW ~anager SUPPLEMENTAL AGREEMENT NUMBER TO ENGINEERING CONTRACT CITY OF DELRAY BEACH, PLORIDA %A/HEREAS, the City of Delray Beach, hereinafter referred to as the O%VNER, and Russell & Axon Consulting Engineers, Incorporated, herein- after referred to as the ENGINEERS, entered into a contract for engineering services dated the 30th day of September, 1969, and WHEREAS, the ENGINEERS have ~informed the OI4/NER that it would be in the best interest of the OV~NER to provide 'competent resident engineering for Areas 23 and 26, Pr<)ject Number 6964-8b, construction of %vhich is immediately contemplated. NOW, THEREFORE, the part/es hereto mutually agree as follows: 1. Resident engineering of construction includes, but is not limited to, laying out of work, analysis of temporary structures and facilities, field inspection of materials and work, progress reports, preparation of r~onthly and final estimates and final report. As part of their duties as Resident Engineers, the ENGINEERS shall render monthly inspection and progress reports to the O'vVNER. 2. The person assigned to the project as Resident Engineer or Project Manager shall at all times remain subject to the approval of the OVgNER. 3. The OIVNER will pay to the ENGINEERS on a monthly basis for providing competent resident engineering an amount equal to actual field cost plus 50 per cent. 4. The terms and provisions of the contract between the parties dated September 30, 1959, including all supplements hereto, shall remain in full force and effect other than as modified by this Supplement Number 12. Executed this fifteenth .' day of August , 1967. CITY OF DELRAY BEACH, FLORIDA RUSSELL & AXON CONSULTING ENGINEERS, INCORPORATED ATTEST: Authorized Officer .... ~zed Officer 144'E ORDZNANC~ NO. 25-67. AN ORDINANCE OF ~ CITY COUI~IL OF ~ CZ~ OF ~Y BEtH ~RTAXH ~ ~A~D IH SECTIO~ 9, ~P 46 S~H, ~ 43 ~T, ~CH ~ IS CO~l~$ ~ ~ISTI~ ~CIP~ L~ZTS OF S~D OBLI~O~ OF ~ ~; A~ PR~IDI~ FOR ~ ZO~ T~OF. ~, ~W M. SC~~ is the fee s~le ~r Of ~ pr6~rty he~einatte= descz~ed, and ~, ~W M. SCOUR by hfs peti~ion, has con- sented and given pe~ssion for ~e a~ation of said pro~rty by the City of Delray Beach, a~ ~. the Ciky of Delray Be~h ~s heretofore been cut, riled to a~ex lan~ ~ accord~ce with S~tion 195.1 of the City ~arter of said City ~anted to it by the s~ate of Florida; T~ CI~ OF ~Y BETH, ~IDA. ~ S~TION 1. ~at the City C~ncil of ~e City of Delray Beach, P~m Beach County, Florida, hereby annexes to said City the foll~fnq described tract of land l~ated ~ Pa~ B~ch County, Florida, which lies conti~us to said City, to-wit: S80' of N209.40' of E133' Lot 25 ~el Land Co's S~ of Section 9, T~ship 46 South, Range 43 East, ac~rding to plat thereof record~ in Plat B~k 8, page 40 of the ~- lic Recor~ of Palm ~ach County, Florida. SECTIO~ 2. That the boun~ries of the City of Delray Beach, Florida. are hereby re~f~ed so as to inclu~ t~rein the ~ve descr~d trac~ of land, and said land is hereby declared ~ be within the corporate limits of the City of Delray Beth' Flori~. .SECTION 3. That the tract of land ~reina~ve descried is ~z~y declared to ~ in Zoni~ District R-I~ as defined by existing ordf~es of ~e City of Delray Beach, Florida. SECTIO~ 4. ~a~ the l~ds herein~ve descr~d shall i~ediately beco~ s~J~t to all of ~e franchises, privileges, ~un~ties, d~ts (exce~ ~he existing Bo~ed fnd~te~ess), ob- ligat~ns, li~ilities, o~in~ces and la~ ~ which lands in the City of Delray Beach ~e n~ o~ may be, ~d ~sons resid~g ther~n shall be dee~d citizens of the City of Delray Beach. SECTI~ 5. ~at if ~y ~rd, phrase, clause, sentence or ~t of this ordnance shall ~ declared ill.al by a ~u~t of c~petent jurisdi~ion, such record of illegality shall in no ~y affect the remaining ~ion. P~SED in re~lar session on the second and final readin~ on the 14 day of August , 1967. /s/ A~. C. Ave{y A~STt M A Y O R Ci~ Clerk First Reading july,,,24, 19~7 Seco~ Reading ~u~ust ~,, 196~_~ PROPERTIES IN VIOLATIONOF ~oRDIN~NCE.NO. G-147 AND SRCTIONS 15-3 and 15-4 OF THE>CITY.CO~E. PROPERTY CITY 9WNEB .~DP~.S$ DESCRIPTION CODE 1. Martin Bauer P.O. Box 94 Lot 27~ Block 5, 15-3 c/o E.J. Delray Beach, Fla. ~Dell Park Nitschke 15-4 2. Ralph D. & p. Ot Bo~,591' Lots 1-A & 18-A 15-3 Martha B. DeIray Beach, Fla. seestedt Stevens .& Priesmeyer 15-4 National R~alty & P- 0, Box 609 Lot 17, Block 1, 15-3 Management Corp. Deerfield, Beach, Fla. Northridge & 33441 15-4 4. Ruth E. Kannel 1405 Vermont Ave. Lot 15, Block 64 15-3 Fort Wayne, Indiana 46805 15-4 ViolatiQns 15,3 and 15-4 as concerns this report are as,follows: 1. 15-3 - garden trash and cans 15-4 hi~h"Weeds and heavy growth on~ no~th end of iot 2. 15-3 .- garde~ trash 15-4 h'~h'"~eds !and unaergrow{h 3. 15-3 - garden trash 15-4- high weeds 4. 15-3 - garden ,traSh 15-4 - high weeds Submitted to the City Council by'the City Manager this !4th day of August, 1967. 144-F ~SC~TXO~ NO. OF .~Y ~ACH~ ~RXDA, 0~ T~ O~N- E~T SE~H C~RT LYING ~EN SE~ ~ :Ft~ (235) ~T. Florida, did, on the 24~h day of July, 1967,,:~a~t ,Resolution No. 14-67 order~g the City Manger to p~p~re plans and s~ct- fications, togetheN with estate of cost of o~ning, ~ad~g and ~ing of.~that part of ~N~heast Sev~th ~ourt lying bergen Seventh and Eighth Avenues a distance of t~ hunted third-five (235) f~t to a ~idth o~ t~nty-fo~ (24) feet, a~ re~iring said pla~, s~cifications and estate 'of-cost of such ~rove- ment to ~ placed on file in the office of the Cit~ M~ager, ~, the City C~il deems it to be necessa~ the safety and convenience of the p~lic to o~n, grade and said street. the City of Delray Beach, Florida, that it is dete~ined to make the foll~g descr~ ~provement, to-wit~ To 0~n, Grade ~ Pave that p~ of North- east Seventh Court lying ~t~en Seventh and Eighth Avenues a dist~ce of two hundred thir- ty-five (235) feet to a width of twenty-four (24) feet, the total cost as estimated, for such i~rove~nt berg $2,200.00. BE IT ~RT~R. ~SOL~D that the entire cost~ of such provement shall ~ sh~ed by the City of Delray Beach, Florida, and the foll~ing descr~d properties in Delray Beach, Palm Beach'C~nty, Florida, on a basis of the City of Delray Beach paying t~nty (20) ~r cent of the cost of said i~rove~nt and the abutting pro~rty o~rs, said properties 'sho~ below, paying eighty (80) per cent of said total cost, by s~cial assess~nt. MCGI~Y ~ ~'S LOtS 23, 24, and 25. SUBD~ISION, SECTION 9, T~HIP 46 S~TH, ~ 43 ........ Lots 26 and 27 ~SS S40' ..... ' " Lots 47, 48, 49, and 50. Said ~nefits to be dete~ined and ~orated according to the front footage of the respective pro~rties as set forth ~ediately able. 144-G Page 2. RESOLUTION NO. 15-67. BE IT ~JRT~R RSSOINT~)that said special-assessments against all the parcels-of lah~s"'as set fort~ above' wh/~ are s~ecially benefited,' shal! b~- and remain liens sUper£o~ in dig~ nity to all other liens, except' liens for taxes, Until paid, from the ~ate of the assessment u~on the res~ective lo~s and parcels of land assessed, and which sba1! bear i~terest at the rate Of eight (8) per ~ent ~er annum, and which may be paid in three (3) equal yearly installments with accrued interest on all deferre~ payments. Payment shall be mede at the same place that taxes payable to City of Delray -Beach, Floride, are paid, namely the office of the City Tax Collector, and upon failure of any property 'owner 'to pay -' the a~nual installment due, or any annual interest upon deferred .payments, 'the City of Delray Beach may bring Recessary legal pro- ceedings by ~ Bill 'in Chancery to enf6rce .payment thereof w~th all accrued interest, tOgether with all legal costs incurred, in- cluding a reasonable attorney's fee. The total amount of any lien may be paid-in full at any time with interest from the ~ate of assessment. IT IS ORDERED that the City Council shall sit at the City Hall in the city of Delray Beach, Florida,. 'at 8:00 P.M. on the ~-~th day of August , 1~67, for the ~arpose of hearing jections, if any, on said proposed im~rovement, as set f6rth above. PASSED AND ADOPTED by the City CoUnCil of the City of Delray Beach, Florida on this 'the 14 day Of August , 1967. /S/~A1. C. Avery ..... M A Y O"R ATTeSt: /S/ R. D. Worthing_ ' City Clerk 144-I-I ORDINAI~E NO. 26-67. AN Ol~,l~ OF Ti~IB CITY COUNCII~ OF ~ CI~ OF ~Y ~H CERT~N ~ ~AT~D IN SECTION 9, T~HIP 46 S~TH, ~ 43 E~T, ~CH ~ IS CO~Z~S ~ ~ZSTZNG ~NZCZP~ h~I~ OF SAID . CI~; ~FINI~ ~ ~~S OF SMD CI~ ~ I~LU~'SA~ ~; PR~IDI~ ~R ~ RIG~ ~ OBLI~O~ OF SAID ~ ~ ~~ ~R ~ ~, J~S J. ~U~CE and ~ A. ~RICE, h~s wife, are t~ fee s~le ~ers of the pretty he=einaf~er desc=i~d, and ~, J~S J. ~C~ and I~ A. :~I~, his wife, by their ~tition, have consented and given ~ission for t~ a~xation of said pro~rty by the City of Delray Beach, and ~, the City of Delray Beach has ~retofore ~en authoriz~ ~ a~ lan~ tn a~orda~e with S~ti~ 185.1 of the City Charter of said City granted to it ~ t~ S~ate of F lot ida; ~W, T~FO~, ~ IT O~AI~D ~ ~ CI~ C~IL OF SECTION 1. ~at the City Council of t~. City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the foll~ing descried tract of 1~ l~at~ in Palm Beach County, Florida, which lies con~i~ous to said City, to'Wit~ Lot 15 & S24.9' of Lot 16, Bl~k 4, SO~A F~Y ~DITION, accordi~ tO plat ~ereof re~rded in Plat B~k 4, Page 37 of the P~lic Records of Pa~ Beach C~nty, Flori~. SECTION 2. That the ~daries of t~ City of Delray Beach, Florida, are ~re~ re~f~ned so as to include there~ the ~ove descried tract of land, a~ said land is hereby declared tO be within the cor~rate limits of the City of Delray Beach, Florida. SECTION 3. That the tract of land herein~e descried is hereby declared to ~ ~ Zoning District R-~ as defined by existing ordinances of the City of Delray Beach, Florida. SEC~O~ 4. ~at the lan~ hereim~ve descr~d shall ~ediately beco~ s~ject to all of the franchises, privileges, i~ities, debts~ obligatlo~, liabilities, ordinances ~d laws to ~ich lands in the City of Delray Beach are now or ~y be, and persons residing thereon shall be dee~d citizens of the City of Delray Beach. SECTION 5. That if any ~rd, p~ase, clause, sente~e Or part of this ordinate shall ~ declared illegal by a court of c~te~t jurisdicti~, such record of illegality shall ~ ~ way affect the re~n~g ~rtion. P~SED in re~lar session on the second and final read~g on the 14 day of August , 1967. ATTF~T~ M A Y O R /S? R..~.,~ ~orthing ..... City clerk First Reading J~lv,2~.~ 19~7 .... Second Readir~_~%~4~_~67 144-I ORDINANCE NO. 27-67. AN ORDZ~ OF THE CITY COUNCIL OF THE CITY OF D~LRAY BEACH, FLORIDA, ANNEXIN~ TO THE CITY OF DELRA¥ BF2%CH CERTAIN LAND LOCATED IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTI~JOUS TO ~XISTING MUNICIPAL LIMITS OP SAIl) CITY; RED~FINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAIgD; PROVIDI~ FOR THE RIGHTS AND OB~ZGA?IONS OF SAID LA~D; AI~ PROVIDING FOR THE ZOItING TgEP.2OF. W~fiRBAS, RICHARD JORDA~ and MABLE B. JORDAN, his wife, are the fee simple owners of the property hereinafter described, and WHEREAS, RICHA~ JONDAN and MABLE B. JORDAN, his wife, by their petition, have consented and given permission for the annexation of said property by the City of Delray Beach, and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 185.1 of the City Charter of said City granted to it by the State of Florida; NOW, THEREFORE, BE IT ORDAIN~.D BY THE CITY COUNCIL OF TBE CITY OF D~LRAY 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~ Lot 4 and E15' of Lot 5, DELRAY BEACH SHORES, according to plat thereof recorded in Plat Book 23, Page 167 of the Public Records of Palm Beach County, Florida. SECTION 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein the above described tract of land, and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. That the tract of land hereinabove described is hereby declared to be in Zoning District R-1AA as defined by existing ordinances of the City of Delray Beach, Florida. SECTION 4. That the lands hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts (except the existing bonded indebtedness), ob- ligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be, and persons residing thereon shall be deeme~ citizens of the of City 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 fi~al reading on the 14 day of August , 1967. ./S_/ A~. ¢._Ayery ATTEST: M A Y O R /S/R. D. Worthing City Clerk First Reading July 24, .,,19~,7~ ..... Second Reading Auqu?t 14, :1967 144-J are ~ fee sidle ~ers of the pro~rty hereinafter described, and ~, T~ J. ~ and ~BERTA ~, his wife, by their petit~n,' have c~sented-and ~ven pe~ssion for the a~ex- ation of said pro~rty by the City of Delray Beach', a~d ~, the City of authOrized ~ annex l~ds in the City C~rter of said City granted to it ~ the State of Florida; SECTION 1, ~at the City C~ncil of the City of Delray Beach, Pa~I~ B~a~ C~ty, Florida, here~ a~exes tO .said City the foll~ing ~ed tract of l~d l~a~ed In Pa~ ~ach ~t~, Florida, ~ich lies c~ti~s to said City, to-wi~t N150' 0f Sl100' of ~ve~en~ SBC~ 2:, ~a~ ~Ch, ~lor~a, ~,.arm he~ re~'~ned ~e- desdr~efl,' ti~ct of 1~, and sail~ l~d~ ie~ ~reby declared '~o be ~th~n ~e overate l~ts of the. City of Delray Beach, 'F~O~ida, S~TIO~ 3. ~at t~ tract of 1~ h~e~e' descried t8 ~reby decided ~ ~ in Z~g District R-3 as ~ftn~ by existing or~Ues ~f ~ S~TXON 4. ~at the Xan~ he~e~n~ve ~scr~d shall ~ediately b~o~ s~j~t to all of the' ~nities, ~ts (eXee~ the exAsti~ ~nded i~e~ss), ob- ligations, li~Alit~es~ ord~ces and la~ t~ ~Ach l~ds in the City of ~lray Beth are ~ or shall ~ dee~d~ citiz~s of S~X0N 5. ~at if ~y ~Fd, ~ase, clause, se~ence or ~rt of th~s ~4~ce shall ~ ~clar~ illegal by a ~t of c~~ jurisdidtt~n, Such record of illegality sha~l. ~ ~ way aff~t the re~i~ P~S~D in re~ar sees~on on t~ s~ond a~ f~al read~g on the 14 day of August MAYOR A~ST= /S/ R. D, worthin~" ' ........ C~ty Clerk .... Pirst Reading _ july 24, 1967 . S.~n4 Reading August 14, 1967 ~, VZC~R R.'.~,'' P~ .H. ~R and ~L~ are the fee s~le ~ers of the probity ~reina.fter descried, and ~~, by their 'Petition, ~ve e~ented a~ given for the ~nexation of said pro~rt~ by the City of ~lray ~aeh. ~d ~, the City of Delxay Beach has ~retofo~ ~en authorized to annex l~a in aC~da~e vith $~tion 185.1 of the City a~ter of said City granted to it b~ the ~tata of Florida~ CI~ OP ~Y ~A~, F~IDA~. ~ SECTION 1. That the City Council of the City of Delray Beach, Pa~ Beach County, Flori~, he.by ~exes to saia City the toll~ing ~scr~d t=ac~ of land l~ated-in Palm Beach County. Florida, ~ich lies ~nti~ous to said City, to-witl That tract of l~d in S~tion 21, T~ship 46 South, R~ge 43 East, Palm Beth. C~nty, Florida, gescri~d as follo~ t That par~ of the South 100 fee~ of the ~rth 1~0 feet o~ ~ver~nt ~t 4 ~ich l'tes East of S~te R~d A~, S~tion 21, T~ship 46 South, R~ge 43 East. ~IO~ ,2~ Tha~ ~e boundaries of the City of Delray Beach. Flori~, are here~ =edefined so as ~ ~clu~ therein the ~ve scrib~ tract of la~. ~d said land is he.by declared to, ~ within the co.orate l~i~s, of the City of Delray Beach, Florida. SE~ION 3~ ~at t~ ~ract of land herein~ove hereby dealar~ to be in Zoning District R-3 wl~ ~e height l~l- ration not to ~ex~e~ 35 feet fr~ ~he highest finished ~ade to the. ceiling of the hig~st fl~=, othe~ise s~j~t to all of the regu- latio~ and restrictions of R-3 zoned 1~. sEcTION ,4_ ~at th~' 1~ herein~ove descried shall i~dia~ely b~ s~jec~ to a~l' of the franchises, privileges, ~unities, debts (except the existing b~d i~debte~ness)~ ltgations, li~ilities, or~inances ~d la--.to ~tch lands City of Delray Beach are n~ or ~y be, and ~rsons residing there- on shall be dee~d citiz~ of the city of Delray Bea~. ~CTION..5. ~at if any ~rd, p~ase, clause, sentence or part of this ordinance shall be declared illegal ~ a ~urt of ~m~tent Jurisdiction, such record ot illegality shall ~ no way affect the retaining ~rtion. ~D tn r~lar session on the second and final on the day of , 1967. City .......... · Clerk First Reading July 24; !~967 .... Se~nd Reading ............ ....