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01-24-66
J~d,~JARY 24, 1966. A regular meeting of the..~Otty Council of Delray Beaoh was .held the ~o~cfl Oh~be~e at 8=00 P.~, with ~yom ~. C. Ave~ tn ~he Chal~, City ~age~ David M. GatChel, City Attorney John Ross Ad~ and Co~ci~en J. ~Roy C~oft, J~es H. ~rney, Jack L. Sa~de~s ~orge Talbot, Jrt, be~ p~esent. 1. ~ ope~ng praye~ was delivered by ~e Rev. ~rvin ~weat, Jr. 1.a. ~e Pledge of Allegi~ce to the Flag cf the United States of ~e~ica was given. 2. ~e ~nutes of the ~egular meeting of Janu~y 10th, 1966, we~ unanimously approved, on moti~ by ~. Croft ~d seconded by ~. Jurney. 3. ~. O. W. Rice, Chair~ of ~he Adult Recreation Oo~ittee,re~nSed the Oo~cil of a report from said Recreation Oo~ttee on the proposed Adult Recreation Co, lex in the City P~k and that a meet~g of ~at Oo~ttee with the Council and ~chitect had been desired prior to toniSt, but said meeting had .not been held. ~ther, that their Con,tee is ready with what ~ey believe to be final reco~endations and ~final plans for said p~oJect, ~d asked that the desired meet~ be scheduled, as it is desired ~at work ~y co,once on the p~oJect not later than April first. City ~nager Gatchel repo~ted that he had been in constant contact with the ~chitect e~loyed by the Council concer~g the desi~ plus ~d specifications of the Adult Recreation Center, and as this date the ~chitect is still not quite ready fo~~ said meeting, but advises' that he will be ready to discuss this ~tter, at Co~cil dis- cretion, ~yt~e ThurSday or F~iday. · A meeti~ of the Couneit,-Adult Recreatiom Co~ttee~ ~d ~i- tec t, was ~e~l~d'~ ~ob~e~d i~nt~ ~~'e~ R~em~a~' t~e~.~ Hall at 7 T~0~ ~j~ ,~.~ ~, ,T~y2~, ~.r~ht~hep ~a s~~tc being welc ome~ 3. ~. E. H~ ~erne~, 500 01e~de~ ~e~ oo~ine~ about the ~si~tl~ condition of the.broken sea wal~ of ~t X, Block ~, Seagate "A". City Attorney Ad~ said that ~ ~din~ce ou~law~g dilapidate~ ~d cr~bled sea walls had been passed by the Oo~cil, ~d that he feels the appropriate' ~tion fo~ Co~cil would be, if they this to be a nuis~ce, to declaPe it'a nuisance ~d direct the City ~age~, t~ou~ the City Prosecutor, to abate the nuis~e. ~. Talbot said he feels the Cc~cil has been very 1~ in not e~orcing Said Ordin~oe, ~d moved that the City ~ager be inst~eted to decl~e said condition ~nulsance, to come ~deP the ~egul~ ter~ of ~at a nuis~ce is, ~d be e~orced ~de~ the ter~ of the nance. The motion was seconded by ~. Ju~ney ~d carried unan~ous'ly. 3. ~. ~. ~o~on, representing ~edin Realty, said that he is con- earned with ~ item he feels should be brou~t to Council attenti~ as they ~y be able to help the POlice Dep~tment solve a p~oblem that e~sts ~ ~. ~o~son i~ormed the ce~cil %hat fo~ the past t~ee weeks there has been a bad condition on A~ as said hi,way has been used a drag-strip, ~d that the guests of the Dover House reported they had been kept awake f~om 11:00 P.M. last Saturday ~til 3:00 A.M. by loud rac~ c~s~ sports cars not p~operly ~fled, also mot~ scooters east ~o ~loc.ks. ~. ~o~s on -asked if the Council could do someth~g to help al- leviate this p~oblem. Maye~ Avery said ~at the beach ~ea that public s~ety is a very i~oPt~t th~ ~d suggested that the best p~oeedu~e t~ul~t m~t be to di~et the' City ~ageP ~m ~vesti~~ gate this, take p~oper action to alleviate it, ~d if Co,ell as~. sist~ce is needed that reco~endations be presented to them as seen as possible. ~ollowing eo~ents, ~.-Talbot moved as follows: "~is situation Is very, very critical ~ I, the:mefore, move that the' City ~age~ be instructed to fox--late such pl~ with C~ef ~oFt, whateve~ may be in the way of increase of sallies, ~ the way of ~e~easi~ the m~ ' power to what it should be, in the way of increasing the manpower more than the budget pro'Jeered, to bring this City into the position that it has been in past years." The ziotion died for the lack of s second and ~a~pr Avery said that suoh.a motion wOUld have g~eanp~rm~si~n*~fo~' for expenditure without the cost inv'olVed-being submitted to Council. Mayor Avery suggested a motion that the ~ity Manager be directed to confer with the Chief-of Police.s'take whatever measures-, a~e necessary t~ relieve this situation, if more money~ is required -that recommendations be submitted to the Council, and a special Council meeting be scheduled for same if necessary. It was so moved by Mr. Talbot, The motion'was seconded by Mr. ~rney. Mr. Edward Soberer, 88 South Ocean Boulevard, informed the Council that there is another-Point that should not.be overlooked, that being the existance of liquor licenses that are. allowed to.operate on Ocean Boulevard until ~:00 A.M., that there a~e obJeotional noises on Ocean ~oulevard until 5~00 A.M., and that noise is not limited to the ~riving of oars. Mr. Soberer requested that the 0ouncil have the ~ituation on the beach observed where the parking is solid on an a~ea ~of Ocean Boulevard at 2:00 A.M. on Saturday and Sunday mornings as a result of the bays located there. Upon call $f roll, the motion caroled unanimously. Frank F. Ellis, 553 ~aege~ D~i~e, Tropi~ .P.a.lm?. Su.bdiv.is~$.n, 3. Mr. said that he had been informed last ~all .there W~mu ce .s~'ee~ re surf~acing in Tropic palms from the 1965-66 budget~, but it had not been done ~s yet. Fumther, that dU~ing the ~esem~'.>h~.a~vy ~ainS"w. ater has extended as far as six feet onto his driveway and re_awn .~'auaxng ~m~onvenience and damage. Oity Manager Gatohel said that the present, budget does~ for the resurfa~ing of a numb'e~ Of streets~.-ana sealing, by'~the Sturryseal process, of other streets in-the T~opio Palms areas ~ther, that the paving contractor iS currently in the O!~ workt.-~ng -~n some of the streets that have been opened and damaged dn~ T~o ~s%allation, and that the majoritY of Wo~k in the Tropic ~alms streets should be completed either'~hiS week or-next week. .Mr'.~'Talbot asked if the .repaying Or'~'tt/e Streets in would help the water condition mentioned by Mr. Ellis, a~d ~F ~ager Gatchel Said he had not been advised ef'~he recontoU~.,~O~"~'~ streets in that before the re;surfacing iS completed. City Engineer ~leming reported as' follows: "In ge~al, the streets out there are Crowned and swales eXis~ ~on ~he~u~m .. of them. The deter~mrAt!~n is not due primarily to'draina~ d~i~lt~es~ It' is due to the fact that the street's w~re'neVer~p~ved,~<eormpteted, and any~street Which has only .been primed ,w~ll~ lin a ~~ of time, ravel out in exactly ~h, l same m,an~er ms' doing. We will investigate~andl~ OPen ~p, iwith ~ ~a~e~-~ ~$ along the edge of the~ ~so that ~the ~r~Ag~ °~n~tionS ~w~'~e noted at the' time'we Pave them." ~. MP Croft read the following Beamtifica%ion Oom~/ittee meetAng minutes ,~f ~%ranua~y 5th,. 19~6: 1. "In reviewing the Oondition of the n~rtheast corner of N. E. ~th Street and 5th Avenue, the committee would like to aec the bodF shop r.~mo~e the oars so.that She -~wner or "~it~y ea~ .c~m~e.te~?~iean the' Xa~ (AOt~ ~eques te~)- ~;'tt was also m0ted that the ~lley between the a~$ ; and Stand'oral Oi1 Ser~ie® StatiOn off of EaSt Avenue requi.~-es cleaning up, (Action.~equested) 3., 1~ Merritt reported thst t~e propelled plan-for the City ~king lot on~i 'thJ ~eas.~ s~i of s. E, 6'$h A~enUe will be presenYed to .~.e~aycees ~s month, .tf~.~ Eaghson disc°uraged~ tHC'uae of g~avel in the plan as being too costly; 4. The Oormmittee noted that the permanent Ceme~.e~rance" letters ,have not yet been hung. (Action~este ~ -2- 1-24-66 ~' In~n effort to improve the aDpearanee of Delr~y~.s ~.~reets, the Committee again requests that info~mation regarding, th.e trash ordinance and pick-upl dates.-be~ printed and' distributed So every.home owner . . ~- possibly th~oug~ the water meter rea~ers. (Act%om requested) 6. ~':. Als0, it was reported tha£ the trash~ cans on the, north end of the beach have never bsen~replaced since the last hurricane, c'an these now he ~retU~ne.d? (Action requested ) 7. ?. The Chairman was asked to invite M~. Gatohel, cum City Manager, to the next meeting in order, that the Committee may understa6d the new table of organization within ~the City. · 8. .Mm. Merrier ~po~t~d. that~M~. Norris~Spells of the w~st side~ sector t~ promoting and iorganizl~g an intensive~ · clean-up campaign~ The secretary.was toques.ted $~ w~ite him a let'ter expressing, the.~Oommitt, ee.~s s~nc'ere'-approval~. and appreciation, 'and offer assistance in'any way possible. Meeting adjourned at 11:30 a.m.!'- : Concerning, Stem 1, City A.ttorney' Adams said th'~t-.the City Manager could be directed to enforce the abandoned automobile oPSinance through his administrative staff. It was so.moved.by Mm~-Croft, seconded by Mm. Jurney, and unanimously .ca-tied. ~ Concerning Item 2, 0ity Manager .G.atchei informed the.. Council theft he would take care of the cleaning.up of sa~d alley. Mm .... LeRoy Merritt rep6rted that there are piles of concrete, plaster and other trash in said alley that have been there :for some time. Concerning Item ~, May~or,Avery said the Ocuncil~had.'directed that said permanent: Cemetery entrance letters be huDg, posthaste. The City Manager~said ~e did not know hew'to get action~ from the firm that was...given, the o~'~ f~r. said lette~s~ and~ha~t, he an~: othe~s in the Administration had done everything .they knee.to, de to. get -- myor Aver aid:.he feelS it is proPe ..to instruo the $it Manager to repo~ tO 0curtail at their next meeting the~.status of'~ thim item and recommended action for cancellation and ~eissmance of con- tracts in o~der~that this ~ob:may be done.. -, ..... City Manager Gatehel~said that he would furnish said report~ Concerning Item 5, Mm. Talbot said the public should have the information r~garding the~trash ordinance, and p~ck-up~ dates., but-feels it would ~be rather costly to ~ake the time of water' meter ~eaders to distribute'.same,' and ,Suggested bulk mailing and cooperation of the newspapers, and radio.' Mm, LeRoy Merritt, member of the Beautification committee, suggested, 'if .t.he water meter reader could not take the time, an - enlarged ~'ater. ~tl!, for one mgnth, c0ul~ be printed with said infor marion printed on same.. be used in the present billing machine without considerable rebuilding of the machine. Mm. Talbot said he feels the City Administration .. can ~ake care of the detail of informing the public.~of trash collection.~ates, and Mayor Avery said he thinks the City Manager should be~'~direoted provide ways and means to better inform the public of such dates, and if it requ~res~facilities not available .to.him, ,or action on the part of the. Council, that the Council be.so~ advised. ~The Councilmen were agreeable to that directive.. ~ ~ Concerning Item 6, City Manager Gatchel '~eported ~hat She.trash cans are being returned to the north end of the beach as ra~idly as they amc ~e~ug re~f~ished ~and ~ebuilt. ,Thtt~ th~ere .are s~ome t~ash pans. on the north por~tio~ of~ the beach ~.and 24 ~,a. A roll call sh~wed t~e follOwing ~ivic O~ganizations and representatives to be in attendance: S~eezy Ridge Estates M~'~.. John 8w~d Delray Beach Boa~d 6f Realtors M~. Andrew Gent 0hamber of Commerce Mr. Le~oy Beach Taxpayers League~ Inc. Mr~ ~. Watson ~.~a~ Veterans of Poreigr~ Wars Mr. John Aliane~l Veterans of POreign Wars Auxiliary MrS., Pay Hoeffer Delray Beach Recreation Club Mrs. C. W. Rice 5. City' Clerk Worthing read the following let'te~' signed by Homer Oreasmon, PresA&~z~t of the E~lray Beach Radio Club, dated January 18th, 1966, := "In behalf of the members of the Del~ay Beach Radio Club, Inc. I-wish to extend to you our most sincere thanks for issuing a permit allowing us to hold our sponsored .carnival in the 'City of Del~ay Beach. If at any time we can be of service tO you~ please do not hesitate to call ~Upon ~u~_, You .may contact me .personally or my OB ~ficer, Oharles Hill." 5, T~e'Oity Clerk read the'following letter to ~ire 0bier Gregory~ from Mr. H. L. Ba~nard, Sr., 1025 Germant.own Road, dated ~auuary 3, 1966: "[ wish to take ~his opportunity to express my .deep appreciation to the men of you~ rescue squad for saving my life on Dec. 31, 1965.. I did not get to' meet the men~ Dut as soon as I get back ~n my feet~ I~m coming in pe~son to .see them. I would'like the citizens of Delray Beach, Palm Beach. County, and State of F~orida to knew, that we h~ve the most~elia~le, 'in t~e, U. S. A. You may, if y~u .like se~d. a'eopy of t this letter of appreciation to LeL~:~S'..':o~ EditOr, Or tz whom ever you wish, Again, ~hank~ to-all of the crow up, thoro · ~ Mayor Avery asked that the Oity Manager, th~o_ugh O~s.~ see that .~he personnel involved are informed o£ ~he 0ou~il~S ~emmendation. 5. City Clerk Worthing read' the following lette~ £~som ~4 .~. ~dley B~ill, dated January 5, 1966, that was accom~anied ~y a ~malX paper container of dark residue: "~is curious deposit co~ered the ~o~t-om of ~ ke~tle, which accumulated ~ ~ o~o~m~ ~s Our kettle is .cleaned out twice a we~k. time this has occurred. You m$~.gh% like to examine under ~he microscope laboratory. ~om now on we will ~se clean water f~ co~fee and tea! Hope I am being ~f service Sz my Mayor Avery announced tliat ~ne Ozunoil had m~$~ Consulttng Engineer, S d~ng,,,,the ~,~ t ,U~ek..~or a ~ final plani 'and ~pectfioa~lm~ mt-h~t a~e be$flg prel~ ~ ~ater treatment ~plan~,~ an~ th~ the-p~ans ,a~ p~oe~edlng to s,ohedule. Mayor A. ve~y asked that the Letter from Mr. ~ill ~e filed amd ~resented to Council wZ~ $~her files,at the time of consideration of ~,~he wa~e~ treatment pla~t, '~a.~p~,~ Mms Fay ~ee~f~ ;.~f' Wne Veterans of Fo~e-i~",~& Auxiliary tO ~ O~Otuloil ta,~!e ,$,;~l~se~,t~d th,e.m with a designating January 2~h and 29th~ 1966 as POPPY DAteS. M~. Alianell explained that all of the money from the sale of Buddy Peppie~ goes 'to disable'd'~and need vv~u~saa~d throughout the U~ted tares, and that the~mOney is not allowed~to be used ~y other Nlaee. He then e~lained their plans fo~ Poppy sales, and ~s. 'Hoeff~.sold t~e first P~y..to ~yor Avery. %.a. ~. ~rney sai~ it ~ad been brOu~ to~ his ~ttention that several Children have ~cently W~dered ~r~°~~ ~he" ~owles Pa~k, located South of l~th Street. on_the I~tracoastal~at-~rway~...in~o.. the ~leetw~ ~rina area, ~d ~uggesSed the possibility of a chai~ link~fe~e being installed alo~ the s°uth~side of the park in-~ effort to el~nate such a hazardous condition. ~. ~albot Said he is certainly*'in favor of~. Ju~ey~ ~eeo~endation, ~d stated that ~owles P~k has b~c0me a park, particul~ly for small children ~d the playg~o~d e~ui~men~ the~e is berg used to capacity. ~yo~ Ave~Y~said it is proper, fo~ ~. ~ney to request the City M~age~ to sd~ey ~he 'situation ~ b~ing re~o~ndations ~o' alleviate the situation. ~e City ~ager was so o~dered. 5.a. ~. Talbot said that ~yo~ Avery had aptly coined ~e.p~ase "It"s one thug to disagree, ~d ~ot~'~thing to be disagr~a~le.~ ~rthe~, in some mmil recently he had fo~d the follo~ng p~ase "Always be tole~t with those who disagree with you, ~te~ all, they have a Perfeot ri~t to thei~ ridiculous opinions. 5.a. ~. Talbot ~efe~red to ~e ~ox property at the No~th'~en8~ o~ the City beach ~d said that~"sinoe a deed h~ not been obtained, as yet~ so it could be ~cluded ~ the beach erosion p~ogr~, suggested that outside asSis't~ce 'bo soIioited in obtaining the p~opePty; further, ~hat he ~de~st~ds th~ Attorneys of ~eeF'ox estate ha~e ~ated that they would Welc o~ c 6nd.e~tion~ pr.oceedings, ~. Talbot suggeste~, '~ubject tO~ the approval of the Cocci!, that a meeting be ~ged with the Oo~ty Cb~ssioners, ~. George Frost, ~. ~ela~ J. Senerchia~d ~. Ol~ence E. Davidson, effo~t ~o ~es~ive something the CoUnty C0~ssi~ or '~tate R~ad Board c~ do to be a~e ~o P~ese~ that i~d to ~he~ 0ity ~'e~de~ ~hat it ~y be rehab~ita~d aIong w~th th~ p~esent p~ogr~. .~'~ ~ . ' ' City ~AttomneY Ad~ e~lained tha~~ ~tt~ney ~, ~it~g a le~er ~o e'aoh' of the ~ox hel~s %~0~y}-~d tha~ th~. City,s case, in a seP~ate doo~ent, will be at~a6h~d %~0~tha~ .lette~&~ ~the~, that at least ha~, if not all of the d~s received, Were received ~.i~ the stipulation .~hat. the .City .wOUld not.~D~y mon$~ to ~y0ne .else for 'thei~ deed. ~e Ciby to. forty-fiVe days mo~e t~e ~o deter~ne ~'~ ~he Fox be obtained without money berg spent for it~. ~d a~ that a meet~ Wi%h~e'~Ooun~Y 0~Ssion. may be fruitful as he b.eiA~e spent money up ~d do~ the Coast ~d the~e is n0 ~e~m$On Shey.s~m~ld not p~ticipate in the construction costs with the Oi~y o~ ~ay ~yo~'.'Av~ry ~asked tha~ th~'oity ~age~ p~o6eed t~ s$~ule a meet~g ~ith 'the C~y' 0o~'i0n~' ~ Stat~· RQad DeP~t~nt,1~ ~d the City Council,for'that P~po~, which di~&ctiVe .was agreeabie'~_to the obher 0o~ci~en. 5~a. ~. TaIb0t said that several'ye'ars ago people were oo~lai~g about noisy ~fflers~ etC.. ~d he had suggeS~d t~t'it ~t be well for De~ay ~'ach to consider regist~ati~ of c~s such'as l~ge'~ cities dO. ~e City ~nagem was directed to ~es'6~ch this SubJect~ t~ou~ the ~ief of Police, ~d ~ke reco~nd~ions to O~oll... 5~a. ~Yer'Avery ~no~ed that the DeI~a~ ~aoh PoWe~ Squ~o~ a g~ of me~ intem~s'ted ~ small boat s~etY,-that t~ey have stated hold%ng claSseS at {~e '~'l~ay Beach ~io~ Hi~ ~ho~ ~ Mon~ay ni~ts at 8.00 P.M~, ~d that ~y interested citizens may ~e~ste~ n6xt Monday ni~t 'to attend the classes, ~5.a. ~yo~.Avery said 'tha~ the South ~lo~ida Faf~?s~te~ Saturday ~d will continue t~ou~ this week~ '~d e~aged citizens to ~attend t~is ve~ wonderful fai~ that is .bei~ of West Pa~'~aoh~ ~ 6,~. Conceding 'a s~vey of pa~oels _~f' l~d ~n ~.OIa~ion .~e 0~ty nums~ce &aws presented hy the'City ~age~, ~. Talbo~:.~'~that 0hapte~ 15 of the Code of O~dina~ces be eor~'~ed with, being seeonde~'~ ~e~~sa~du~~~. sUvve~ list is attached to'~he official oopF of these See pages. 36-A-36-B. 6.b. City ~age~.Gatohel ~O~"~e Co,oil tha% ~~as E. Woolbri~t, ~. has sub, fred his ~esi~a%[o~from memB~%~p on the 0~trac~o~s ~ami~ing Boa~d due ~o h~s.re~en~ ~a~tme~ Plying ~d Z0nf~g .~d,' ~d ~eoo~end~ that '~?~ '~lb~i~% ~s rest~ati~ be ao-ceP'~ with regret, that the OO~aet0Pa Boa~d of ~inevs reco~nd a r~placement, ~d ~that ~., Wootb~i~ ~ ~ked t to continue to Serve on said 1B~avd ~til a suc~Ss~r~.$~.~D$~$~$. was so-.moved by ~. Talbot. ~e motion was seceded by ~. ~ney and e~ied ~imous ly. 6.o. Cit~ ~age~ Gatchel repo~ted 'that th~ g~'oss-~~s b~nus, with deduoti°ns~ has been computed ~d posted to the e~g records, ~esulting ina final ao0ount~g '.~s Gross Bo~s $8,127.~1 ~ss: s~ial Security $179.83 ~oome Tax 774.~8 Net ~us ~rt~e~, that $7,300.0~ was t~sfe~ed from the O~ting~y ~oo~t to the ~istmas Bonus Aoco~b, on ~oembe~ 13, 196%, ~ Vee~en~ed that ~ additi~al $828,00 be t~sferred at this time to bal~oe the ~'. Sa~s ~o~'~d that~the t~ans~e~ of'funds b~ maple as reeo~ended, the.'m°ti~ berg' seceded ~ ~. Talbot ~ un~s!y o ~pied. 6.d.City N~age~ Gatohel infO~e~ t~ co, miring 'e~ee~s,~ ~ssell .~ n~ ~ p~eP~ation o~ plus ~d s~i~~ fo~ e~ ~e~atment p'I~ ~equ~e d~~' the s~l for pl~t, ~' that a~thorizat~iOn ~th~ ation of $1,200.00, RuSsell & soil test borings at ~he site of the f~u~e,, that $~h O~enoy ~0co~t.91%~8~8-800 ~o Wa=e~ .eatment~ ~ ~oft moved tha~ the ~e~eSt be-~ted"~ ~ ~s .be made, ~he motf~ be~i~:~ Second-ed by '~,.Ta~o~ ~' ~i- ~. City Clerk Wo~thi~ i~o~ed the rezeived fo~..~ez0ning the: .No, th 4~0 feet of ~~ 225 feet of ~del ~d Co.,s ~t 21~ its ~~ (General Oo~ial Distr~ct) Dist~~ · Li~t ~dustrial ~e~ict), further, t~at ~1 may den2~S petition er ~efe~ s~e .t, ~he P!~$ng ~ ~g f~r ~ewiew, public hear~g thereon, ~ ~eoe~endmti~ ~o 0~!l~ ~d ZO~ ~a~d fore. public he~ing, etc. ~e motion wa~~ ~econ ~. Talbot ~d c~ried ~eusly. 6een reenter-f~C~~ ~. ~ElIis ~imgos, ~ee~t p~ehase~ ~quo~s" esta~lis~ent, lecated ~ ~! s°U~lFe~era~ a new business ~o be id~tif~e~ ~s· ~A~d~ints' ~g~-] ~he~ t~ applic~t has .be~n inve by ..... acoord~oe wi~h previous ~9, the~fo~e, vee ~ed'. 'that moved that ~he ~'est be ~te.d, ths by 7.c. City 01erk ~thins i~ormed ~he 0oun0i!'~hat a letter ~as received frem ~. ~x Wo~e~'of Mak Auto Paves, tocated~a%~1~' N. E. ~th St~ee.~, '~eque~g.~. a~dlti~n~ m2e~ys to oo~ ~ fence ~r ~11 at least ei~t ~$et '~ he~$. Said reqUe~'~$ ~ eX~s~on of~ t~ ~as ~ously grated, ou'motio~by ~. ~Talbo~d se~ ' -6'- 1-~'6~6 2? by Mm. Jurney. ~ 8.a. City. Clerk p~esentedi~ESOLUT!ON N~-. 6,-66. ~.- '~' A RESOLUTION OF TEE CITY?OOUNOII~..0F TEE ,CITY 0~ DELRAy BEACh, FLORIDA, '0P~ERING STRUCTION OFSIDEWALE~_, FtvEi~ (5~ '~EET .'tN. WIDTH, WITHIN 'TEE" STREET~, RIGHTS-OF~WAM.~ OF MARi0US STREETS IN THE'WESTERN SECTOR OF THE CITY. (Copy of Resolutio.n No. 6-66 is at%ached to the official copy of these minutes,) See pages 36-0.36-H. Mr, Ohrney moved that Resolution No. 6'66 be pass~d_ and adopte~ on this first and final reading. Mayor Avery relinquished the to Vice-Mayor Croft and seconded ~the motion~ ~and~upgn ca%l 02 roll the motion carried unanimously. '. . X. City Manager Gatohet reporte~ 'to 0ouncil that underground sprinkler systems and power poles had delayed construction~of a portion of the North Swinton Avenue sidewalk, but it would be completed 8.b. City Clerk Worthing presented RES'~UT'ION NO. 7-66. A RESOLUTION OF THE-CITY COUNC!~-OF' TEE CITY OF DELRAY BEACH, ~LORIDA, AUTHOR, IZ~NG THE EXECUTION 0~REEMENT FOR A~ SANITARY SEWER PIPE ~RO~SI~G THE FLORIDA EAST COAST RAILWAY COMPANY PROPERTJf~NDE~. ~ 'TEE RAtLWAY'S TRACI.~ AT' A~ P'0LiNT 'L0~ATE~ 2,~30 .."' PEET SOUTHERLY FROM RAILWAY~S MILE 'pOST NO. 316, AS MEASURED FROM JACZB0~VILLE, FLORIDA. (Copy of ResolutiOn.No. 7,~6' is..attache~'to t~e 62f.icial 'cOPy of Resolution No. 7k66 was'.unanimous'!y passed and ~ ad opted; .an this'' first and final reading, on motion by 'Em. ~alh~t and' seconded by Mm, Jurney. 8.c. The .City Clerk P~'esented P~_sOLUTION NO.. ~66,~.. OF DELRA~ BEACH, FLORID~ PERTAINING TO TEE : REIMBURSEMENT OF CERTAIN FUNDS FROM THE C, ON~ STRUCTION TRUST FLOC TO THE WATER REVENUE FUND. (Copy of Resolution No.. 8-66 is attached to-the' official, copy' et these minutes,) see page 36-J. Resolution No.~'~8-66 was unanimously pa~sed and'~ a~o~pted on this first and final reading, on motion by N~. O~Oft anVil"seconded Saund ers. ~ 8. d. The City Clerk pve. s.ented ORDINANCE NO. 1~66. AN ORDINANCE OF THE CITY COUNC~IL oF THE' CITY OF DELRAY BEACH, FLORIDA, ANNEXING T'O.THE CITY CER-. TAIN 'LAND EOCATED IN SEOTIOE' ~8~ TOW~$..HIP 1~ i TO EXISTING M~ICIPAL LIMitS OF SAID CI~Y~ RE. sDEFINING THE BOUNDAR~.. ~GF SAID. CITE TO. INCLUDE AID~LA~D~ PROMIDINGLF~' '~TEE RIGHTS AND OBLIL . ' GATI0Ng 0~-SA~~'i~ND ~ROV~DtNG FoR THE" ZONING THERE'OF~'. (South %IA) (Copy of Ordinance No. 1~66 is a~tached to the official oopy'of ~,~lA~m~se.~zinutes. ) See ~ages 36-E.36-L.· - ..... ~ There ~ei~g no ~objecti~h .to 0r. dinance ~o.' 1-~6, ~sa'i~ O~dimance was ._u~animous!i passed an~ ad6pted~, on ~this'$e~ond .amd .f~in.al.lrea~ ding on r~tion by M~, !JumPy and seco~de~d ~by ~M~.~ Ta~lbo~/~ ~ L~ -8.e. Cit~ Cle~kLW0~'t~ing.presen~,,0RDiNANCE E0, 2~6'6.. i . · .28 AN .0RDI~ANCE 0P THE CITY COUNCIL 0F THE CITY OF DEDRAY BEA~H~ FLORIDA~ ANNEXING TO THE CI~f O~ DELRAY ~EACH CERTAIN LAND~ NAMELY LOT 16~ LAEE IDA MANOR,WHICH 'Lt~ND t~' OONTIGUO~ TO EXISTING MUNIOIPAL LIMITS ~ BAID CITY; REDEFINING TEE ~O~NDARIES ~ SAID CITY TO IN- CLUDE SAID ~LAND~- PROV~ FOR THE ~. GHTS AND OBLIGATION~ 0~ SAID LA~$ AND .PROVIDING FOR THE ZONING THERE,. (50? N. W. 7th Street) Ordinance No. 2-66 was unanimously placed on f~mst. ~ea~m~, on motion by M~. Croft and seconded by M~. Talbot. 8.f. The City Clerk presented OP~ANOE'~NO. AN 0RDI~ANCE OF THE CITY COUNCIL OF THE 0ITY DELRAY BEACH,. FLORIDA, ANNEXING TO THE CITY 0~ DELRAY BEACH CERTAIN LAND LOCATED IN SECTION 21, TOWNSHIP '~6 SO~TH, RHNGE ~3 EAST, ..WHICH LAND IS CONTIGUOU~ TO EXISTING M~NICIPAL LIMITS 0F SAID' CITY~ AND .P~EDE~INING.THE BOL~IDARIES 0~ SAID CITY TO i~CL~DE SAID LAND . . - (South A1A) ~m~ Talbot moved that O~dinance No..'3-66 be placed on f~st reading.~ the motion being seconded by M~. Saunders. ~on ca]/ of ro11~ NP. Cro:~'.t~ MI'; Saurlders, Mx..-Talbot~ and Mayo~ Avery vo~ed in favor of the motion~ and M~. Jurney was opposed. 8.g. City Clerk Worthing Presented -ORDINANCE NO. AN ORDINANCE 0P THE CITY COUNCIL OF. THE CITY 0F DELRAY BEAOE~ PLORIDA~ DEANNEXING.FROM THE CITY OF DEIRAY BEACH CERTAIN LANE~ LOCATED IN SECT~O.N 28~. TOWN~HIP ~6 SO~TH, RANGE 43 EAST. ' It was pointed out that the City water llne extends down S.Quth A1A to the south line of Gover~maent LOt 1, Section ~8-1~6-~3, an~'~ that the City sewer l~ne is being extended to t~at DOint. Following ~iscusa~On, Ordinance No, ~ 66 ~ unanimously'placed on first ~ead!ng,. on mo~ion by Mm. Saunders and seconded Jurney. 8.h. City. Clerk Worthing presented ORDINANCE NO. 5-66 AN ORDINANCE OF THE CITY COUNCIL 0F THE CITY OP' DELRAY BEACH, ~LORIDA, AMENDiNG SECTION ~9 -' '7.5~ OHAPTEE~ 29 DP THE C ODE OF 0RDINANOES 0~ THIS CITY By ADDING SUB-SECTION (1~) PRO- VIDING. FOR SPECIAL EXCEPTIONS; 00NDITION~ GOV- . ERNING APPLICATION~ PROCEDURES STANDARDS$' ~IND- INGS REQUIRED; AND PROVIDING FOR AN E~T~_~TIVE DATE. Upon x~uest of- Mm. Talbot, Mm. Art Smith, Planning explained OW~nance No. ~66' Du~ing discussion, Oity At~$rney A~.~ explained that Ordinance as the one to g~an% .Spot'iai F~c%~tiOns, ~te .Ordinan~e No. 6-66 says that the Planning ~oa~d~is ~Ilewed to. g~'Spe~ial'Ex~eptions only ..i,n_ the c. ase .of R-3. ?ig.hts above ~5 fee~~ The City A~to~ne2 continued Tnere ms only ~9,~ spec!al ~ixoeption ~ at the pr,Se, nS: that they couli grant. ~f this was pas's~d they ~ld g~ant ~.~.~eo~A11E~eption in R 3 on t/4.e ocean and int~a~oastal ink'excess of '~5 f~, The way' the Ordinance is drafted, the .Plar~ing B~amd is- the. one $$ m~ke this final determination an~,~ as~2~ -Atte~$ey, I have ~O.ta!~yo~ that you are ~elegating that au~ho~~ th~ ~Aanning Boar~. - ~.~_~2~_~ Attorney Adams. ~$D.~d f~%he~: "If a. propert2 owner was .$ ~he right for a Spe$~EXc$on, the prope~,ty owner could ~~ it te the council, .'An~ the. T~mncil could override the Planning =~ 1-2~-66 Board, but the-way it is.written, if-'~e PI'a~LnE.~'ar~ granted the e~eption, I don.~t bel!eveu'the ~.Co~ct'l wbul~' have a~i~t to ovePPule the~ g~t of .th~. Special ~ep,~to~."' Following lemgthy dis~c~sio~,.~aund~s m~d ~that 0~din~oe No. 5-66 be placed on first ~ad~g ~bJe'~t to'.~A ch~ge in the ~d~ce that ~y.:Pef~e~e tO ~he PI~ing' BO~':~ting a Special Exception Will he c~ged:.~ that t~. P~lng'.'"~ard .will ~ke ~eco~ mendati6~s to ~he Co~e~.of'-speolal ~Oep'ti0ns, with the Co,oil hav~g the f~al decision. The motion'was ..seconde~' by ~. Cmoft ~d c a~ried un~ous ly. 8.i. .City Clerk~Wo~thing presented~ 0R~IN~GE NO. 6r66. ~ ORD~CE OF T~ CI~ CO.OIL ~ T~ CITY OF DE.AT~ BEACH~:~LORIDA, ~NDING SU~SEOTZON (O) ~ SECTION 29 - 7, O~PTER 29 OF T~ CODE ~ ORD~CES O~ THIB~OITY ~RTA~G T0 BUI~ING ~tG~ ~G~TIO~ ~ ~ R~3 ~LTIP~A~LT ~LL~G DISTRICT. ~yor' A~ery rel~~ ,:.~e ~gsv~'~0':~i~*~rO~'.'~A~~''~. . ~oved tha~ ~d~Oe No. 6-66~be, ptac~:~ ft~t-~eat~E. The was seconded by, ~. Sa~de~s~ ~d upon.c'a1~,0f ~i1,-~, C~oft, Saunde~s ~d ~yov Avery voted in Camo~ of th~. ~otion'and ~. ~u~ney ~d ~. Talbot abstained ~om vot~g. ~yo~ Avery' asked that th~ ~dtvtd~al Oounoi~en consu-1t the.,Pla~. Di~ctov fo~. F~the~ e~1~ation on ~he: ~wo Jus~ placed on ~i~st ~ead~g. . ..... ,r,. ~. ~yo~ Avery ~so asked that the City ~agev be authorized to pev~t the Pl~i~Di~,ctO~ to'pub~cize .~d ,e~lain ~ facets oF -" 9. a. City Clerk Wo~thing ~ead the fotlowinE Pt~ing ~d Zon~g report', dated J~u~y 19, ..1966: _ "~: Rec o~ended zoning for. $.' ~ne~ti~ Defng ~o~mst~eS$.i~00i'~e'~to~ft~ei~N.l~o~t of Gove~en~t. 4'which lies. East 9f State Road ~ in - Secti~ 21, ~. 46, SouSh R. 43 Eas'~ · ~ .... ' .... ~, -' A public hea~ing wss '~e~d by 'th~ ~Bo~ at ~ts re~~ meeting on J~uary 18th, 1966 at ~:00-P.Mj~;in th~ Oit~ .j ': Hall, to ~eee~end.~ning~fo~ at~a$~o~fi~dpP~D~$~D~ ' ~exation being ~o~ as that p~t of the South 100 feet. of the No~th 1040 feet of'Gover~ent ~t ~ which' lies East;~ of State Road 4lA in Section 21, To.ship 46, South~ Range ~'3 East. ~te~ hearing p~ponents and' oppone.nts':t0 this requ.est the Bo~d moved to continue the he.rig at a lat'er session to allow further c.o~td~a~on. At a special ~eetin~ held' on' J~u~ry 19th, 1966 -the Board he~d fu~,~her Dackg~'o~d i~ormation conceding this long extended request, as well as a ~eview of proposed general development for~ocean front pvope~ty. A motion was made'~'~ seconded ~o ~eco~end ~,'D~o~e~~' ' be ~nexed to the C~ty of ~ay Beach with a z~.. classificati0n..o~, R, ~. , ~ motion' died due a~'~: of' ma'Jority With f0~'r,-,~sa~~g. ~ ' .. The BO~d' mOV~ to reconsider the .petition again-pr~or~ to the thirty day dead line for council acbion" _~. ~t ~t~ Pl~n~g Director, read the f'ollo~ng Plying ~d Zoning Bo~d report dabed Janu~y ~, 1966:- ".,A spe. ci~ mee.ting. ~as ~etd at the-~yf'air~Manor Hotel 'on J~u~y ~th, .1~66 at 12.50 P.M. ~l"the:-'b'o~d membJrs attended. ~'~.~ in the community., ~-- 1~. S~e~[/~ley moved that we reoomuend to O/;~y~Oouncil to ~ deny.the ~que-st ~o ~ex ~de~~' R-3~ .ZOni~ ; ~at p~t of the 'South 100 feet of ~e whioh lie~-?EgSt-of S~'Ate R~d' AI~ ~ Se6tiom ~21i" 'To--hip $6 ~buth, R~ge ~3 Eas ~ on the %asis ~at this would be contr~y to sou~d~.lo~ ~ange Cook, ~. ~V'is, ~'Sch~fley, ~, Wo6!b~i~t ~d ~. Jacobson.voting ~Yes~. ~. ~nt ~d ~ ~on voted ~no ~. ' ~L~ Jacobs~ v~ed~'tn, favo="ef fbi 'mo%Xon pr~tl~ ' because ~ p~.esen$..l~d' use7 ~s s~l~ f~l~ ~esidential, ~eting adJo~ned afL-2:00 P.M." ~ Following discussion, ~yor Avery relinquished ~e gaael.:.t~.~ ' Viee-~yo~ O~oft ~d m~ved .~at ~the report of %he Pl~g ~d Zo~ng Bo~d ~e approved. ~e .motion di~ f6m lack of' a. second. ~. Sanders ~ved that ~he recordation of the ~g ~d Zoni~-~d 'be tabled ~til the next'.~e~l~ meeting~ ~e motion was seceded by ~. ~ey ~d ca,tied ~ously. 9.b. 0itF 01evk Wov~h~g ~ead the following Pl~ng' ~d Zoning report, dated J~u~y. 19th, 1966: "~ Request for Re-z~ing the West~a~ of Lots 21 · ~2, ~ Block 117. A ~quest for ~e-z~ing 6~'~the West~a~ ~ufu~s 21 & 22, ~ Block ll7,'from R-3 to 0-1, was ~efe~ed~ b20ou~Oil~ ~ Nove~ 2~d, 1965 to the Pt~ing/Zo~ng Bo~d conside~ation ~d public heaping thereon. A public he~g on 'the above matter was heXd bY the Bo~d at "its re~l~ meeting on DeCember 2tst, 1965, a~ P.M. in the Oity Hall, ~d furthe~ action by %he ~ard was defermed fo~ f~ther study. ~e Pl~ing/Zoning Bo~d,- f oll~g general discus~sion ~ this request at its. regul~ mee~g held 1966, ~ously ~eco~end to 0ouncil that this ~u~'t den~ed, ~e .re~endation of the Pl~i~Zoning Bo.~d was ~an~oUsly susta~ed on motion by ~. Talbo~ ~d seconded by ~. ~de~s. 9.c. ~e City Clerk read the foll~ing Pl~/Z~ning Bo~d ~ep~t~' dated ~uaPy 19th, 1966: "~: Pettti~ fop Re.~oning ~ts 1~ 2, ~I~, I6 · I7, Block 7, Del- A petition fo~ ~e-zo~g of ~2s 1~ 2~ 15, 16, ~d .17, Block 7, DE,IDA P~K S/D~ .f~om ~-2 to ~R-3, was Board for considera~ion ~d .pubt~c hea~g 'there,. A public he~g on the abo~e petition .was held by the Bo~d at ~ts ~egula~ ~e-t~g on ~oembe~m 2Ist, a~ ~:0© P.M. in the City H~l, ~d ..the matte~ W~ -tabled for ~vthe~ study. . . .~,. ~e Pl~Zoning Bo:~, following g~eral di~cuss~ign~,th' on this petition, at its regul~ meeting held on z-~u~y mo , not desimi~ .to oon~id'e~ Spot Zoning, ~imously reco~end to CounCil that the peri.rich b~ denied...~ ' ~e ~eco~endation of~the Pl~ing/Zon~g Board was ~an~ously susta~ed on motiom ~by ~. Talbot ~d se~on~d~b2 ~,' Samna~rs.. .~. 1-~.66 - 9~d. The Oity 01erk read the following Planning/Zoning-Board report, dated January 19th, 1966: · "R~: ~e-zontng' of ,a traCt-of la~nd.-.~etween ~he,-City.~O.emetery a~d S. W. 15th Avenu~ north of S. W. 10th Street. A re~u~t' ~0~ ~e,zo~. j..a/~ct ~ l~d'between ~uth ~t.. 10th .~%', fbom'~4~A ~O ~3- was tabled fer,fu~t~$9 ~onside~ation 0f '~e city~ ~ong r~ge was.see'ended bt* ~. SA~de~S ~d o~ied un~sIy~ 9.e.', C~y Clerk' Wo~thing l~o~med~O0~oi.1 .that ~de~, t~-auspioes Of th~ ~da State .~le~nt ~eau,~:~f Wes~.Pa~. ~a~, A~)% T~e City ~Aemk then, ~ead.j a repor~ fPom ~s. ~les A. on ~he tests given, and the~.o~g is ~ except ':. ~ ~i Job oo~sel~ng ~d testing se~ves"to stee~ 'i~to Jebs' ~d tra~ing[[~or"~ich the7 ~e fitted ~d ce~t~y does-~aXse .~e co~denoe of. ~e It o~ a~o be -~ g~e~% service tO P~speo~ive" e~l~ers. ~e seeond.-~ostp~esping need'is fo~ a'b~eh of ~e state ~t~&nt ~iee,-~~ De~ay ~a~h, .to se~e the' ~u~, n~Ve ~9e,~o~7 ~':~SP'Or~ation-to t~vel agaxn.a~ ~a~n tO ~st ~ ~ach,' of~ to be " 8 ~ · , . , ~ ~e s nothing today, come back ne~ weekt" a~enoy he~-hav~' a~lica~i~S .of Xoo~.~i. tizenS, · the~ Jo~ records~ ~titudes, c~ctem records .w~t~ Be a ~e'a~ he~ ~t'o the local eoono~, oe~ta~l~ aid to l~al e~toyemS~ ' . ~. Rob~% Do~las~ head of the Wes~ Pa~ Beach is ~ favop of 'a bp~oh office. He says it c~ only be seo~ed ~ %he loc~ governments Peque~t It fPom the State ~ic e. ~2. I h~ that the City ~o~1 ~11" t~e some favorable ~tion o~ t~s ~tter · ~. Talbot.'moved that ~he ~Drope~ auth~ties be Peque~ted %o ask fop the location of a State ~lo~en$ ~Pvioe bP~ch office ~aoh. ~..motion w~ seconded ~ ~. Sa~d~s ~a O~Dted ~imously. 9.f. C~t~',~age~ Gatchel read the ~oil~z lettsr 'of te~t~ ~ated. ~ua~ 20, 1966: . "Attached. hereto ~e status rep. c~ts f~om the Finite .~$or ~d'iOity ~g~ee~, w~ch~ coupled ~es~e~. s~a~S of the se~e ~hab~litation p~o~ -" as~o~ ~cem~ ~1, t%~, as~requested by the ~":-.aou~ly Spe~ ~he. Pe~bilitati6n P~C~ .... .appro~tely:)~%oo~teted ~d ~e~e yet ~ e~e~ Jcl $%6,ooo cf the $7S~000 whl~ ~11 en- '~ e~ered" 'f.b~ the rehabilitati~ ~U~pose,' I feel.~..~, of this date, th~ the C~ty ~ ~P~&in& with th-~'. Prog~ ~'.a ve~ e~o~cal ~d~. m~e~, ~d that the. dec,ion of Oo~cila :/~' ~ the instigation of ~is-~Uo~ was .a very 9~a~ :~, appears a~' this "%~ ~h '.~. le a...t · .' ~ w:li ce u.~z~-..,~'o~, this prog~ as a.~ole. ~. "~ :. ' .~: ~ . ~'~e tha~ th~ end of with its next report as requested." It was pointed out that Russell a Axon, consultin~ engineers, had estimated that said ~ehabilitation Job would cost $176,000.00 City Manager Gatchel commented as follows~ "It was suggested, as a trial portion of the project, that a contract be let on approxi- .mately 10,000 feet"of sewer rehabilitation at'an estimated cost of $1.20 per foot. I would l'ike to call to you~ attention at'this time that the cost per foot, as of-this date, is a little less than per lineal foot, with some 21~293.~fi~l'~fe~b$~fi~e~X'~ ,, It was pointed out that'the engineer~ :sade an~esti~a~te on some- thing unforsee~,u~d~g~uufl~,,~u~dt~hat,,'~her:~e~t'ffIf.t~, pe~ ~eeat~.~f _~hie sewer rehabilitation may cost mob more than was experienced wXth the first portion. Mr. Talbot said that he is greatly concerned with the operating statement of the consolidated Water. & Sewer Fund, and Cit~ Manager Gatchel informed Council that the Administration would welcome a discussion On same with:.0ouncil. 9.g. Cit~ Clerk Worthing presented the'following Planning/Zoning Boamd recommendatiOns,~dated Januamy 19, 1966: "At the regular _meeting of %he Planning/Zoning Board held on Januamy 18~h, 1966, the Boamd reviewed certain sections of the zoning ordinance, with recommendations as follows: In view of the high 'cost 'of lands suitable for multiple family development and ~he .~ecommended change in'the ordinance, providing fo~ sight plan approval in high density a~eas, the Board un.a~i-' mcusl~ re'~ommends the 'following Changes for b~ilding site ~ame~ requirements .' _ __ aeew~29-?. R-3. multiple familY, dwe'Ilx~ (E) BuiIding Site Area Required. Every building hereafter erected o~ structurally 'altered shall p~ovide a lot ames per family of not less than the following; For one famiIy dwelling structu~e--~-6,000 squame feet ' And for eaqh family unit thereafter, an additional .1,000 squ'are feet Shall b'e reqUi~ed, For two family dwelling structure----?,000 square Feet FOr three family dwelling structume---8,000 square feet The remainder~ of the paragraph to be unchanged. Sec. 29-~,4,'.Pamki~_8 ?n..d. loadin~ re...quire~e.nts._ (1) For the' pux-pose 'of..this o~dinance, the term "Off street pamking SPace"'~.shall consist of a minimum net area of two hundred (~00) square feet of appropriate dimensions for the p.a~king o~..an ~utomobile, em~usive of access drives (.a) In the R-3, C-[& 'O-2 "arid 0-3. districts., all pamking spaces,, access d?ivea and lqading zones shall be herod surfaced .and dust pro0~'. (2) There sha~ll be pmovided at' the ~ime of the erection of n~n~ main building or structure, or'at'.the time any main uilding or sSr~otu~e .is altered, enlarged' increased in capacity by adding. 'dwelling units, guest t2~ 1-24 66 rooms, floOr area or seats, minimum off street automobile pa~king spaces with adequate provisions'for ingress and egress by an automobile of standard size, in accordance with the following requirements: · (a) D~elling structures -onec (1) space for each ~welling unit except in the R-IAAA ~ingle Family Dwelling District,-which will require two (2) pa~king spaces for each dwelling (b) Churches, temples or places' of worship - One (1) space for every five (5) seats in.V.~he main auditorium. (c) 0ountry, golf, gun clubs - One (1) space for every five (5) members. (d) Department stores - One (1) space for every two hundred (200) square feet of non-storage flOOr area. · (e) Retail shop, personal service establishment, automobile service, professionai offices - One (1) space for every one hundred and fifty '~(~50) square feet of non-storage or oustmmer service floor area. (f) Furniture store - One (11 space for every four hundred (400) square feet of non-storAge floor a~ea. (g) Hotels - Three (3) spaces for every four (4) bedrooms o (h) Maltiple dwellings, apartment h6uses, efficiency apa~ma~s' One and one-half (1}) spades fo~ each dwelling unit. two(i))(2 Hoapitals, san£tariums - One (1) spac~ for every patient beds. (J) Kennels and animal hospitals - A parking area equal to thirty ($0) per cent of the 'total enclosed (k) ~tb~aries, museums - A ParMing area equal to fifty (50) per oen.t of the floor are~ open to the public. (1) Medical or dental offices or clinics - '?n~ee (3) spaces fo~ each doctor or dentist and one (1') space for each nurse or attendent. (m) Motels - One (1) space fo~ each sleeping r~Omo (n) ~ursing o~ convalescent homes- One (1) space for every three I3) beds. (o) ~ffice b~dings - One (1) space for every~ four hundred (~0~::square feet of gross floor area within ~the ~ulXding o i~P) Restaurants or other eating places - One (1) space for every four (~.) seats, Plus one (1) space' for ove~ three (3) employees. ~q) Rooming, boarding houses - One (1) space· for each sleeping room. ~p) SchOols and public buildings - One (1) space f for every five (%) seats in the main a~dit'0rium or ~o~i of assembly. S ~~s - One (1) space for every five (t) O~mmerei,a.l~.~ man~,a?~u~ing and i~.dustrial concerns -13- 1-~-~6 S4 al, ea. 0.entral pa~k~in~, districts. The area east of Swinton Avenue to the .w~St' right- of-way of East Sixth AvenUe, (Federal Elghwa~.~o~th) and between ~o~th East 1st 'Street and South East 1st Street, is hereby established as. a central parking district and is excluded from all of the pa~king requirements as set forth in this section. (3) Locations (a) SA~E th) ,,SANE c) SAME (d) SAME (~) Off street Loading regulations. The following loading spaces shall be for the uses indicated: SAME" Mayor Avery said that he desired the 0ity Manager to schedule meeting w~th the Zoning Director and Oouncil as it is obvious 0ou cil needs to be brou t up to dst7 i.n - Mr. Ta!~ot Said- o~ientation meet~g~,~ass s~hS~ul~df~O~~, fello~ th 7 ~ P_ g "" '.:' '"'n '~ ~d ~yor Avery asked tha~ the press be not~e~ of ~he of ~. ~. 3~d Avenue ~d that the c~traet~ ~d exoeed t~ l~ta~i~ for e~.letion of this ~rovement. project ~s ~e~g ee~ted ~' au ~ final 10% of t~e eon~o~, waXving ~ so moved b~ ~. ~rne~. ~e mo~ion ~d ca~ie~ ~lm~s 17. i0.x. O~y ~age~ Gatoh~l i~9~ed' ~2 been made for a 3-inoh wa~er me~e~ a~ ~ne s~' o~ ~ne Element~y School en S. W. 10~h Street, ~d ~he Ad~i~ undecided whethe~ ~ charge the ~n~el~7 ~ as ~he~e is a ~ifference of appro~a~el7 ch~ges. ~e Oity ~ager ~:~t~ued: "I ma~e th~s ~ ~ a reco~endation fo~ y~ c~eide~a~l~. ~: the furnished water to sohool si~es outsi~e the Oi~ in-ei~y meter ch~ge ~d the rates on ~ out-of-city ~a~... has been in ~e case of s~hools,. ~d s~heOls. 'o~ly.." "~'[ ~yor AVery moved ~hat ~he 0o~cil follow ~he s~e pol~e'2'~ ~ the ~a~er meter be furnished on the in-oity &h~ge, wi~.:~e~ ra~es ~o be on the out-of-city~oh~ge. ~e mo~on was~on~' ~. Sa~de~s, ~d ~On call of roll, ~. O~of~,' ~. ~urff~'. ~. S~ders ~d ~TOr Aver7 vo~ed i~a,~rz~ft~e::~'~~dt"~. opposed. 10.x. 0i~7 ~nage~ ~ehel ~e~ded 0~oil of a ~ip_to ~i~ Isled with ~. H~old ~dclfffe of 61ace ~tnee~ng ~. ~. St~ ~lley tomorrow, to insPect 'the revetmen~ ~ea ~n~h~ all counci~en, with ~he exception of ~. 0reft, plied to ~ake trip. ~, Talbot said he desired to see the ~y ~k ~ that ~ea which c~es with what the Co~o~'l'is cons.'~de~ing in th~ South that have made a beautiful beach there. City Manager Gatchel informed the Council that'he had received a telephone call this evening .f~om M~. ~ae'k Barrett, a ~uember of Divers International of West ~P~Im Beach, who has a-go'od possil~ility of db e a°~. £ ~t t~.~h'~.~ aa v~i s~_$~m ~d ?~t ~e'~-I . emons=~a=e s~e at 11.00 A.M~,' ~dnes~a~, '~uary 26th, ~ Pa~ ~acn. 10.x. City Clerk Worthing ~eported to Council as roll,s: "The ~siness & ~ofessional Womens~ Club requests the ~E of the G~u~asi~ ~ the Co~ity Cente~, during the evening of ~roh 9th, between the ho~s of 7:30 ~d 10:30 P~M~, for the purpose of holding a Card Party & Fashion Show, the proceeds of which shall au~ent a ~Scholarship ~nd ~ which the the Womens ~ Club is striving to provdde. It is reco~ended that this request be grated S~CT to the the Recreation Director,s approval ~8 NO C0~LICT resulting therefrom with ~y pre-scheduled Recreational progr~. ~. Saunders moved that ~e reco~endation be appmove~, the motion being seconded by ~. Jurney ~d un~ously c~ried. 10.x. ~. Talbob asked'if there is su6h ~ org~ization ~s ~eric~ Sewe~ Works~ ~sociation, that the C~ty ceuld belong to, as' he desires all the i~ormation he o~ o~ta~. ~yo~ Avery directed the City ~age~ to e~lore ~ a_possit bility ~d report to Oo~cil~ -~ -~ ' - lo.a. The City Clerk presented Bills-for Apprsval~ a~foll0ws General ~und ~' $ 130~219~93 Water Serating ~ ~intenanoe Fund 6~222.31 Special Assessment F~d 7~511~'60 Refundable Deposits Fund 65;740.~5 ~rovement Fund 3,175.29 Capital ~rovement Construction Trust Funa m~l~S?.~ Oig~ette Tax F~d ' 5~3~8'.00 Sewer Const~uCt~n ~st F~d 31~583.68 ~. Talbot moved tha~ She bills be paid~ the motion being seconded by ~. Saunders. Son call of roll, ~. Croft, ~. Saunders, ~. Talbot and ~yo~ Avery voted in 2av~ of ~e motion ~d ~. J~ney was opposed. ~. ~rney ~ualifled his vote in that the Bills ~o~ Approval' conta~ed the $3~O,O00.O0~pa~nt on ~ecently pn~chased beach prope~'ty. ~e meeting adjourned at 11:05 P.M. ' ,R. D. WORTHING Cit~y Clerk-~ ~'' APPROVED: -' MAYOR~ -15- - t-24-66 36-A PROPERTIES IN VIOLATION OF ORDINANCE NO. G-l~7 AND SEOTIONS 15-3 and 15-4 OF THE CITY CODE. PROPERTY CITY 1.Harve~ Bellamy %~eneral Delivery Lots 8 ~ ~,Block 8, 15-3 Delray Beach, Fla. Atlantic Gardens less the North 20 feet ~.2.Larlah ~ands,Essie 317 N. W. 1st St. East 46.66 feet of Green, et al Delray Beach, Fla. the West ~O1.66 feet 15-4 ~f South 105 feet of ~ortl~ 130 feet of 1, Section Beach. ~".:.. Delray Beach, Pla. 7th Ave.,for approx. 150 feet South of S. ~. 4th Street ~. Laura Sims Estate %Vivian Coop~er & North 21 feet of 8curb 15-3 Mamie L. Young 156 feet of West 135 15-4 126 S. W. 5th Ave. feet · North 61 feet Delray Beach, ~la. of South 156 feet of iEast 13% feet, South ~ of Block 2~ 5.Charlie ~ ~ohnie 95 S. W. 5th' Ave. Vacant West part of 1~5.-~, Terry Delray Be~ch, ~la. LOre 28~'~ 2~Block £~ 15 6.Gracey Realty Co. P.O. Bo~ 2226 South ~l feet~ of LOt 15~3 " Delra~ Beach, Fla. 23 & North 27 feet of LOt 24, Ocean Beach 7.Maria K. Sterling %Sandoway East,Inc. N~rth %9 feet of SoUth Estate P.O. Box 10 100 feet,Ocean BeaOh Delra~ Beach, Pla. Lot 23 8.~.L~ & Margaret P~O. Bo4 1035 Lots l:& 2', 'Block 5, Patterson Delra~ Beach, Pla. Osce~ola Pa~k. 9.0.D. Priest, Sr. 22~ S. ~. 1st Ave. Lot 1, Block 23 15-3 DelraY Beach, Pla. . 15-4 10.Ci~y of Delray Oity Ha~l North-South Alley 15-3 Beach Delray Beach, Pla. in Block 23 1%-4 ~each Delray Beach, .Pla. North-South Alley in · Block 30 12.Maggie Goldwire %Luther Moore 40uth~2~.7 feet of 1%-3 206 Dural Street I~t 4,&T~or~h ~G,feet Q~i~cy, Plorida of LOt 5, BloCk 28 13.~rant Reynolds 7 Pine Ridge Road VaCant Par~ or-North 15-3 White Plains, N.Y. 190.56 feet of East 13% feet of Block 24 ~4.~ulah Mitchell 260. 'N~ W; 7th S~reet South 65 fee~ of Eas~ t5~3 · I Apt. 3 135 ~feet 'of xBlock ~ 15-4 Miami, Florida l~;Wm. M. & Betty R. Box 2~085 ' South 95 feet cf West 1~t ~unt Del~ay Beach, Florida half of N.W. ~ of Lot 9 less West 167.46 feet'& less East 25' ?~ feet, Section 8-46-43 36~-B Page 2o VIOLATIONS 15-3 and 15-4 as ~ccncexncs this report are ..... as follows .' 1. 15-3 Trash, :Debris & Filth in, around and under dilapidated- old .abandOned shack. 15-3Old T~ash, ~unk and Debris 15-4Weeds 3. 15-3 Trash & ~55-4 Weeds 01d Trash and Limbs 4. 15 Weeds and undergrowth 5. 15 Trash and Junk IS Weeds 6. 15 Dead Palm Fronds and Garden ,T~ash 15 Weeds ?~ 15-i Garden Trash and Broken Limbs 15-~ Weeds 8. 15-3 ~DXd'~tu~ps ~and DeAd L~s 15-4 ~nderh~ush and ~w ~anging Limbs (unable to mow under s~e ) 9. 't~3 Trash and B~oken Limbs 15-~ Underbrush and Weeds 10,'. 15-3 T~ash,,Limbs, and Dead Trees 15.~ Weeds and Underbrush 11. 15-3 Trash l~-J$ Weeds and Underbrush' 1~. 15-3 B~oken Limbs &'Trees, Trash, .Debris 15~ Weeds' and Underbrush 13. 15-3 Tpash, and Dead Limbs 1~-4 Weeds and Underbrush 1~. 15-3 T~ash and Debmis 15-~ Weeds 15. 15-3 Dead limbs a~d two dead trees 15~4 Weeds', vines, scrub oak and palmettos ~ubm~tted te the Cit2 Counci~l by.the City Manager on ~his ~$th day of January, 1966. RESOLUTION NO. 6-66. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ORDERING THE CON- STRUCTION OF SIDEWALKS, FIVE (5) FEET IN WIDTH, WITHIN THE STREET RIGHTS-OF-WAY OF VARIOUS STREETS IN THE WESTERN SECTOR OF THE CITY. W~EREAS, the .City. Council of the City'of Delray-Beach, Florida, did, on the 22nd day of November, 1965, adopt a ResOlution requiring the City Manager to prepare plans, specifications and an estimate of cost'for the construction of sidewalks.within the street rights-of-way of various streets in the Ws~tern sector of the City, said sidewalks to be five (5) fee( i~ width, and requiring said plans, specifications and estimate of cost of such improvements, sh~below, to be placed on file in the office of the City Manager: 1. On the East side of N. W. 8th Avenue from Atlantic Avenue to N. W. 2nd Street; 2. On the East side of.N.W, loth Avenue from Atlantic Avenue to the South line of Lot 6, Block C, West Side Heights; 3. On the East side of No W~ 10th Avenue from 2nd to 3rd Street~; 4. On the South side of N.. W. 2nd Street from loth to 14th Avenues; 5..On the East side of N, W. 14th Avenue from At!~ntic Avenue to 2nd Street less Lot 23, Block 1, .Odman~s S/D; 6. On the East side of So W. 14th'Avenue~-'from Atlantic Avenue to 3rd Street; 7. On the East side of S. Wo 11th Avenue-from 2nd to 3rd Streets; 8. On the East side of S. W. 10th Avenue from Atlantic Avenue to 2nd Street; 9. On the East side of S. W. 8th.Avenue from Atlantic Avenue to 3rd Street; 10. On the South side of S. W. 2nd Street from 5th to 11th Avenues; and 11. On the South side of S. W. 3rd Street from 8th to 13th Avenues. WHEREAS, the City Council deems it to .be necessary for the safety and convenience of the public to make the above described improvements, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, that it is determined to make the follow- ing described improvements, to-wit: CONSTRUCTION OF SIDEWALKS, five (5) feet in width,.in the locations listed hereinabove, the total cost, as estimated, for such im- provements being $27;000.00o BE IT FURTHER RESOLVED that the entire cost of such provements shall be shared by the City of Delray. Beach, Florida, and the following described properties in Delray Beach, Palm Beach Co.unty, FlOrida, on.a basis of the City of Delray Beach paying fifty (50) per cent of the cost of said improvement and the abut- ting property owners, sa. id properties shown below, paying fifty ($0) per cent of said total cost, by Special Assessment. 1. South ~ West 26' of South 140' less South 20' R/W. of 4 " " North 42' of South 198' of West 1~0.5' " " South $0' of North 100' of West 130.5' .... North SO' of West 130.5' Page 2. RESOLUTION NO. 6-66. SUBDIVISION BLqCK LOT Monroe North % of 4 South SO feet of Lo~ 25 " " " North 50' of South 100' of Lot 25 " .... North 51.1' of Lot 25 " " " 24 3 'West 72' of South 135' 3 North'150' of South 285' of West 135' 3 South 50' of North 347' of West 135' · 3 SoUth !00' of North 297' of West 135' 3 South 50' of North 197' of West 135' 3 west 100' of North 147' 2. Section East 100' of West 125' of South 134' 17-46-43 of South 1/4 Of Lot 10 less South 33' ...... North 16' of South lS0' ~f West 2?4.8' of South 1/4 of Lot 10 less West 25' .... " South 45' of North 189.35' of East 125 of West 150' of '~outh 1-/4' 'of Lot 10 ...... South 44.95' of North 144.35' of Eas~: 125' of west 150' of south 1/4 of Lot ...... North 99.4' of East 125' of West 150' of South 1/4 of ,Lot 10 3. Tourist Nook A 16 .... A 15 " " A 14 " " A 13 .... A 11 & 12 '' " A 10 " " A 8 & 9 " " A 7 " " A 6 .... ;% 5 " " A 4 " " A 1,2 & 3 4. Pine Crest 2 24 .... 2 1 .... 1 24 Section North 125' of NE% of L6t 2 less West 572.28' 17-46-43 and less North 25' and less East 25' Fairlawn 2 6 " 2 4 " 1 7 " i 6 " 1 5 " 1 4 5. 0dmanns I 11 " 1 21 & 22 " 1 24 " 1 25 " I 26 " 1 27 & 28 " .! 29 36-~ Page 3 RESOLUTION NO. 6-66. 5. continued A.J. Johnson 10, 11 and South half of ~Lot ? . .... 6 and North hal~ of ~t ~ Fairla~ 1 1 " 1 4 6. O~nns 4_ 11 " 4 .21 " 4 22 " 4 23 " 4 24 " 4 25 " 4 26 " 4 27 " 4 28 " 4 Lincoln Atlantic Park ~ardens 1 " " " 10 ...... 11 .... 12 Priest' s Addition to Atlanti~ Park ~rdens 4 1 " " " " 4 2 ...... 4 " " .... 4 4 ...... -" 4 5 ....... 4 6 ....... 4 8 " " ". " 4 9 .... " " 4 10 .... " " 4 11 . .... " " 4 12 Atlantic ~ardens 10 1 .... 10 2 .... 10 3 .... 10 4 .... 10 .... 10 6 .... 10 7 " " 10 8 " " 10 9 " " 10 10 .... lO 11 Page 4. RESOLUTION NO. 6-66. SUBDIVISION BLOCK LOT 8. Belair Heights i 1 " " i 8 .... 1 9 & 10 " " I 11 " " 1 12 " " i 14 & 15 Lincoln Park West half of Lots i & 2 ,, ." 3 & 4 " " i0 .... 11 9. 5 12 5 5 15 5 i6 5 17 5 North 50' of South 1501 of Wast half of'the Biock less East 8' 5 19 6 North 50' of Wast ha!£ 0f. Block 6 South 50' of NOrth 100i of West.half of Blk. 6 South 50' of North 150': of West half. of Blk. 6 South 50' of North 200' of West half of Blk. 6 South 50' of North 250' of West half of Blk. 6 South 50' of North 300' of West half of Blk. '-6 North 53.05' of South 312.20'of West 151.40' 6 North 53.05' of South 259;15'of West 151.42' 6 North 53.05' of South 206.10'of WeSt 151.44' 6 N6rth 53.05~ of SOuth 153.05'of West 151,46' 6 North 50' of South 100' of West half of Blk. 6 SOuth 50' of West half of Block Carver Square 5 .... 16 .... 25 .... 26 23 23 13 15 49, 50, 51 and 52 15 48 15 2, 3, 4 and 5 36-~ Page 5. RESOLUTION NO. 6-66. 10. continued " " 2 and 3 ' Section 17-46-43 NE% of SE% of SW~ less North, South, Bast & West 25 feet thereof Atlantic Gardens 10 13 .... 10 1 11. Section 17-46-43. West 79' Qf East 104' of N~. of of SE~ of SW% less North 25' " " " " West 63' of East 167' of of' SE~ of SW% less North 25' " ' .... ' West 63' of East 230' of of SE% of SW¼ less North 25' " ...... West 63' of Bast 293~ of of SE% of SW% less North 25' .... " " West 63' of Bast 356' of of SE% Of SW% less North 25' " "'" " West 60' of Bast 416' of N½ of of. SE% of SW% less North 25' · "' ...." " "· · West 60' of East 476' of of SE~ of SW¼ less North 25' '" "" " " west 60· of East 536' of of SE% of SW% less North 25' " " " " West 60' of East 596' of Of SE% of SW~.. less North 25' " " " " Nb of N½ of SE% of SE% of SW% lese .East 596', less Nqrth 25' and less West 25' Bellehaven Unit n 1 Belleha yen Unit A 1 Section 17,46-43 SE% of SW¼ of SW% less West 30' said benefits to be determined and prorated according to the front footage of the respective properties as set forth immediately above. B~ IT FURTHER RESOLVED that said special assessments against all the lots and lands as set forth herein which are spe- cially benefitted, shall be and remain liens superior in dignity to all other liens, except liens for taxes, until paid, from the date of the assessment upon the respective lots and parcels of land assessed, and which shall bear interest at the rate of eight (8) per cent per annum, and Which may be paid in three (3) equal yearly installments with accrue4 interest on all.deferred payments. Payments shall be made at the same place that taxes payable to the City of Delray Beach, Florida, are paid, namely at the office of the City Tax Collector, and upon failure of any property owner t° pay any annual installment due, or any part thereof, or any annual in- teresYupon deferred pa~flnents, the City. of Delray~ Beach may bring necessary legal proceedings by a Bill in Chancery to enforce pay- ment thereof with all accrued interest together with all legal COsts. incurred, including a reasonable attorney's fee. The total am°~nt °f 'any lien may be paid in full at any time' with interest £rOm the date o~ asoessment. ~ 36-H Page 6. RESOLUTION NO. 6-66. IT IS ORDERED that the City"~ouncil shall sit at the City Hall in the City of Delray Beach, Florida, at 8:00 P.M., on February 14, 1966, for the pgrpose of hearing objections, if any, on said proposed improvements a6-set forth, herein. PASSED AND ADOPTED by the City Council of the City of Delray Beach, Florida, on this the 24th da~2ofjanuary, 1966. MAYOR ATT~. ST: /S/ R. D. Worthin$ City Clerk 36-~ RESOLUTION NO~ 7-66. A RE.SOLUTION OF THE CiTY COUNCIL 0.F T~E. CITY OF DELRAY BEACH, 'FLORIDA, AUTHOR- IZING THE EXECUTION OF AGREEMENT FOR A , SANITARY-SEWER P~PE CROSSING THE FLORIDA ..... EAST COAST RAILWAY COMPANY PROPERTY UNDER THE RAILWAY' S TRACKS AT A POINT LOCATED 2,430 FEET SOUTHERLY FROM P~IlLWAY'S MILE POST NO. 316. AS MEASURED FROM JACKSONVILLE, FLORIDA. BE IT RESOLVED, by the City Council of the City of Delray BeaCh, a m~nicipal corporation of the State of Florida, as follows: 1. That the City of Delray BeaCh, a municipal corporation Of the State of Florida, does hereby contract and agree to entel into an agreement with the Florida East CoastP~ilway COmpany, whereinand whereby, sai~. City of Delray Bea~ is give~ the right and privilege'to install, construct and maintain a subgrade sanitary sewer crossing on Railway property, being a subgrade twelve inch cast iron sanitary sewer pipe encased in a twenty four inch steel casing pipe across Railway's one hundred foot right-of- way and under the Railway's tracks at a point located 2,430 feet southerly .from Railway's Mile Post No. 316, as measured from Jacksonville, Florida. Said location is shown on print of drawing (Project No..5964-8b} by Russell and Axon, dated November, 1965, revised December 20, 1965, and is in the N. E. 3rd Street 50 foot R/W. 2. .That the Mayor with the attestation of the City Clerk, be and they hereby are authorized 'and directed to execute said agreement for and on behalf of said City of Delray Beach. 3. That this resolution shall take effect im- mediately upon its passage. PASSED AND ADOPTED this 24th day of January, 1966. MAYOR ATTE.ST~ City Clerk RESOLUTION A RESOLUTION OF 'THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA PERTAINING TO THE REIMBURSEMENT OF CERTAIN FUNDS 'FROM THE CON- STRUCTION TRUST FUND TO THE WATER~ REVENUE FUND. WHEREAS, Sub-sec~icn (C), Seetio~ 3 of the' Construction Trust.Fund Agreement, da'ted January4,. 1966, between the City of Delray Beach, F~O~ida-and the'Pirst National Bank of Delray Beach, provides that the City may reimburse itself for amounts paid by the City prior to said agreement for the cost Of'the'construction of additions, extensions and improvements to the Sanitary Sewer System; and WHEREAS, there were-certain amounts paid for the con- struction of additions, extensio~s and improvements to said Sani- tary Sewer System prior to the dateof the aforesaid agreement' which shoul~ be reimbursed to %he Water Revenue Fuhd'from said Construction Trust Fund; NOW, THEREFOR~ BE IT RESOLVED BY T~ CITY COUNCIL OF THE CITY OF'DEZRAY .BEACH/ FLORIDA, AS FOLLOWS: That the Water ReVenue Fund'-shall be reimbursed from the Construction Trust I~und for the following disbursements: Russell & Axon (Congulting Engineers). Design ~$ 34,706.41 Resident Inspec~ion 9,036.64 Consulting Services 3~778.58 $ 47,521.63 H. & S. Constructors. Area. i9 109,22.7.93 Area 10 9~6t.~19..20. 205,738.13 Intercounty Construction Cor~. Area 14 89,833.64 Houdatlle-Duval-Wright Co. - Paving 5,741.28 John Ross Adams - Legal 6,666.66 O'Brien, Suiter, O'Brien, InC. -.Easements 467.25 Petty Cash - Recording easements 77.40 S%~n-Sentinel - Advertising for bids 29.15 Pe~ Beach POSt Times - Advertising for bids 115.02 M/anti Herald - Advertising for bids .......... 270.82 $356,460.98 PASSED AND ADOPTED this 24th day of January, 1966. ../S/ Al. Co Avery . ,. ATTEST: M A Y O R City Clerk ORDINANCE NO. 1-66. AN ORDINANCE OF THE CITY COUNCIL OF THE C~TY OF DELRAY BEACH,~FLORIDA, ANNEXING TO THE CITY CER- TAIN LAND LOCATED IN SE~CT~ON 28, ~TOWNSHIP SOUTH~ RANGE 43 ~-EAST, WHICH LAND IS'r CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY= DEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND= PROVIDING FOR'THE RIGHTS AND OBLI- GATIONS OF SAID LAND~ AND PROVIDING'FOR'THE ZONING THEREOF, (2301 thru 2318 South AiA) WHEREAS, ~EORGE HAGGARTY, GERALD HAHN'and GEORGE A. BIGLEY, are the fee simple owners of the property.hereinafter described, WHEREAS, said GEORGE HAGG~RTY, GERALD HAHN and GEORGE A. BIGLEY, by their petition, have consented and given permission for the annexation of said property by the. City of Delray Beach, and ~EREAS, the City of Delray Beach has heretofore been authorize~ 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 CIT¥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 parcel of land located in Palm Beach County, Florida, which lies contiguous to said City, to-wit: That tract of land in Section 28, Township 46 South, Range 43 East, Palm Beach County, Florida, described as follows= All that part of Section 28-46-43-bounded as follows= On the West by Intracoastal Waterway from Jacksonvill~ to Miami~ On the East by Atlantic Ocean= On the South by a line parallel to and 300 feet northerly from (measured at R/Al the South line of Government Lot i of Section 28, and on the North by a line parallel to and 600 feet northerly from (measured at R/A) the South line of Government Lot I of Section 28= otherwise described as: The South 300 feet of the North 2470 fee2 of Government Lot 1 less State Road N~. 140, Section 28, Township 46 South, Range 43 East. SECTION 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein the above described parcel 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 hereinabo~e described is hereby declared to be in Zoning District ~-3, as defined by existing ordinances of the City Df Delray Beach, Florida. $~WJTION~.~ Tha%'~he land heruinabove deacribed shall ~mmediately become subject to all of the franchises, immunities, debts '(except the existing bonded indebtedness), obligations, liabilities, ordinances and laws to which lands the City of Delray Be~ch are now or maybe, and persons residing thereon sba1! be deemed citizens of the City of Delray Beach. SECTION 5~ ~ That i~ any word, phrase, clause, sentence or part of ~his ordinance ~hall be declared illegal by a court of competent jurisdiction, such record of illegality aha11 in no way affect the re~aining portion. PASSED in regular session on the second and ~inal rea~i~ on the 2~th day of January,~ 1966.. MAYOR ATTEST: City Clerk u~-. .. -...