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05-10-65 MAY 10, 1965 A regular meeting of the City Council of Delray Beach was held in the Council Chambers at 8=00 P.M., with Mayor Al. C. Avery in the Chair, Acting City Manager R. D. Worthing, City Attorney John Ross Adams, and Councilmen J. LeRoy Croft, James H. Jurney, Jack L. Saunders and George Talbot, Jr., being present, 1. An opening prayer was delivered by the Rev. Paul W. Gess. 1,a. The Pledge of Allegiance to the Flag of the United States of America was given, 2. The minutes of the regular meeting of April 26th, 1965 and special meeting of May 3rd, 1965, were unanimously approved on motion by Mr. Jurney and seconded by Mr. Saunders. Mayor Avery abstained as he was not present at the special meeting of May 3rd. 3. There were no public requests from the floor. 4. A roll call showed the following Civic Organizations and representatives to be in attendance: Beach Taxpayers L~ague Zonta Club Business and Professi0nal Women's Club ....... · ....... , ....... ','." '. ' : 'BobMrS' PerkinsD°r°~hea MontgQmery Cent flo~e~Show,' Which ~was held at'(he C°mmunit~' CeAter by virtue ~f permission fr~m C~uncil, the.~o!lowin9 co,mmu!l,..~cati~, addressed ~o Mr. wade *Car%ee0'ha'd been. received from Betty 'Croft 'and Judy ' ' ';Judy and I want to thank you and your men again for .your hard work and your,cooperation of g~ving us ~ice pianos ~or our recent ~lowe~ Sho.w.' They.~er~ainly helped tO a elt'aif a ret i i ict r® eWry%e._ijudy 'Anothe~'~e~te=;' da~ed AP~i:i'l~%h, fr0mMrs: 'james L. Bowen, Jr. concern£nA said ~O. we~ show, ~as ~ad, as .fo~lows: '- "Ma'ny, many thanks for your share in our successful flow~£:show .... Th~ pgtted plants were truly an impO~ta~t"Par~ of the" attractive 'whole.' They werg,~ove, ly specimens and we.~ppreciate your thought- .ful~e~, and the labor'involVed. The'p~b!ic:.~.~.~:l~a.~ed, and the judges weFe generous ~n'thei~ praise. We're happyl" ~.., ,: Ci[Y.'Manager .worthing then read the following letter re- ,ceived. from Mr,. ~uss '.Thompson, Promotion M~nager:of .the D~lray BoWling Lanes,: d&ted Apr£1 2'Tth= . ' . -: ' .. ' " "Please accept this letter aa a token of our ,p~,.e~.ia~ion for ~the excellent, job you and all.~he C~¥.EmP.loyees did in .makin~ .the Pan American'Week a"tremendous success here in Delray BeacA.~ 'Yours~f0~ ~ .b~igger· ~nd~better eventnext-year." .... 5-10-65 5. Concerning Delray Beach's continue~ interest and support of the Palm Beach County World's Fai~ Exhibit, the following letter from the Palm Beach County World's Fair Authority, Inc., dated April 22nd, was read by the City Manager: "On behalf of the Directors of the Palm BeaCh County World's Fair Authority, I would like to take this opportunity to thank the City of Delray Beach for their continued interest and support of our exhibit. Receipt for your contribution is attached. We are looking forward to a bigger an~ better year at the Fair and I am sure our area will reap the benefits for a long*time to come. Hope you will be able to visit the EXhibit this summer, if you have not already done so. As you know, it was by far the most popular at the Florida Exhibit last year." 5.a. Mr. Croft reported*that a detailed analysis of garbage and sewer rates had been concluded by the recently appointe~ committee to study said rates, and read the following report, date~ May 10th: "Subject: Garbage & Sewer Rates Recently the Mayor appointed a committee to study garbage and sewer rates*for multiple family dwellings. A detailed analysis of all multi-family accounts on the current sewer'system was made by the Finance Department. In addition to careful.review of this analysis the committee also took into consideration the following= 1. services-of garbage, trash and waste disposal departments are available on a year roun~ basis. 2. Expenses of these departments is more or less the same throughout the.year. Also the cost of operating the sewer department, including interest e_xpense and retirement of revenue bonds, is constant. 3. Where ~ossible, each service performed by the City should provide the proper revenue to pay for its operation. To continue to give excellent three-day per week, back door collection service plus providing weekly trash collection and disposal re- quires in excess of $180,O00.O0.per year, not including replacement cost of equip- ment. 4. To consider a rate adjustment for some individuals would not be fair or equitable to others. After review of the above it is the recommendation of this committee that no change be made in the garbage and trash collection rates and sewer rates." Mr. Talbot moved that the Council approve the recommendations Qf the Garbage and Sewer Rates Committee. The motion was seconded by Mr. Jurney and carried unanimously. 5.a. Mr. Talbot informed the Council that a street lighting survey, as requested by the Beach Taxpayers League, for the beach area and -2- 5-10-65 also for west of the Waterway, has not been concluded on the beach side~ that he had pushed for a conclusion from the Florida Power & Light Company and hopes this report will be ready 'for the next meet- ing. The City Manager was directed to follow through on this survey to its completion, the Post Office area, in particular, to be studied to determine whether or not the existing lighting is adequate. 5.a. Mr. Talbot asked City Manager Worthing if any progress had been made on scheduling a meeting with Mr. Clarence E. Davidson of the State Road Department, to discuss the 9ossibility of the Road Department participating in the City's beach erosion program. Mr. worthing said he had contacted Mr. Davidson and ~ould-report later in the meeting. 5.a. Mr. Talbot said he had a letter from Mr. Thomas Bruder con- cerning the recently adopted Ordinance, regulating the parking of boats, trailers, etc., in residential areas, and requested that the City Manager obtain a copy of a similar ordinance from the City of coral Gables for his own personal information= further, that the entire Council might be interested in this information. 6.a. City Manager Worthing reported that as a result of complaints received from Local citizens, the Council had directed that a study ~ is r~c~mmend6d th~ s~'i~abl~m&~k'ing~.b~ Provided' to =onf~ne the ,~abah&..c~n~essi0, .l~&~o~S? W~h~n: ~h~-~areas: d~S'~g~te~ 'on a Ske~h ~itted. ~0 C0unci~0 which_ ar~.s. ~f~ 150 fee~ in, ~e,~ a!ter~at~ with sho~te~ ar'eaS,'t~'rem~!n_'oP_e~ 'for Publii~ use,i ..Th~s Fecomme~a- · ' "Mr. Talbot said he felt the sketch was rather vague and asked what is being accomplishe~ as opposed to what is now in ....... Mrs. wor~£~%'said the S~udy, as' sta~ed before, had b~en made ~ecause Of complaints~ that throughout the' season., therbeac~ is.so :c°~ge~tea w~'a~as fr'0m ~H~ pavil~o".'0= fr°m o.utside~e Surf- in~ area,.to the South and to the north, that apparently ~e ~ubI-ic is not allowed much use of the beach until they reach the north or south end of the concessionaires' areas. This diagram provides, on th~ south end'of %h~ beach, ~o~ 1~0 feet of cabanas,'the~ia ~0 foot '6P~n!ing,'~ &nd' So o.' down to li'~eguard Station No'%'~ 2~ krom ~ere on a~a~n, allowing 1'5'0 feet f°r'~a~anas an~'50 feat 'f~r'oPe~ibeach. ' ~rthf=°m.'the ~a~ilion to lifeguardJsta~ion No. i,i'"the'r~.is an'a'rea beach' de~ignated for cabanas 'and for public Use would be the same as on the south end. Mr. Talbot stated he felt the beach boys ha~ s~id' Delray to 'the public and wondered' if they had been 'cOnsulted' on this matter. City Manager WOrthipg Said 'they were not consulted,.~ut that this suggestion had come from Mr. Luke wilson, who believes it to be ,in the best interest. Of the beach and the Cit~. Mr. Allen Berr¥~ speaking for the beach services in ~eneral, stated t~at the cabana services left spaces between their Cabanas and .from the main pavilion south and north, there is 25 feet'left open at .each of the stairways,. He state~ he did not feel the cabanas deprive anyone of any right, an~' in view of the fact the concessions'ires on either end of the beach pay ~ighly for their l'icenses, they should be allowed t~ do business, as long as they ~o .it as well as they have in the.past. . · ' Mr,' Talbot moved to table'this item for further Study"an~i arrange a meeting, to be hel~ before the next Counc~'~eeting~' ~ith Mr. Luke ~laon, ~'~e Concessionaires a~d someone from the Council. ~he motion ~as seconded b~J~. Saunde~s and carried unanimouslY. '-3-: 5~.10-65 MayOr Avery appointed Mr. Jurney to represent the Council at said meeting. Mr. Allen Berry commented that John Smith and Fred Neafie were both out of town at the present time. Mr. Worthing said a copy of the proposed plan for designating beach, areas for cabanas and areas for public use could be mailed to the concessionaires for their study. 6.b. City Manager Worthing informed the Council of an application for a request for transfer of Liquor License No. 857 by the Mayfair Manor Hotel, now under new ownership, said applicant having been investigated by both local and State Beverage Department officials, who have approved such transfer. It is, therefore, recommended that the application of Mr. Glennon Jackson be approved. Mr. Talbot moved that the application of Mr. Jackson be approved. The motion was seconded by Mr. J~rney and unanimously carried. 6.c. City Manager Worthing presented a survey report of properties in violation of ~hapter 15 of the C~ty's Code of Ordinances. Mr. Croft moved that the City Manager be directed to comply with said Chapter 15 of the Code, as applicable to such survey report. The motion was seconded by Mr. Talbot an~ carried unanimously. (Copy of said survey report is attached to the official copy of these minutes. ) (See Pages 154-A thru i~-D) 6.d. In compliance with Section 169 of the City Charter, City Manager Worthing presented proposed assessment rolls for street improvements, said improvements having previously keen authorized by Council and which have now been completed and total cost determined; further, two proposed assessment rolls are to be considered, the first being the opening, grading and paving of that part of N. W. 2nd Avenue lying between Lake Terrace and N. W. 7th Street to a width of 24 feet; second, the opening, grading and improving of that part of Ho~ewood Boulevard lying between Highland Avenue andLowson Boulevard to a width of twenty-four feet. City Manager Worthing recommended approval of these proposed assessment rolls. Concerning the first assessment roll, that being part of N.W. 2nd Avenue, Mr. Saunders moved to approve said assessment roll. The motion was seconded by Mr. Talbot and carried unanimously. Concerning the second assessment ro11, that being part of Homewood Boulevard, Mr. Talbot moved tO approve said assessment ro11~ The motion was seconded by Mr. Croft. Mr. Saunders abstained from voting. The motion was unanimously carried. 6.Co City Manager Worthing reported to Council as follows: "On February 16th, Mr.' James J. Ritterbusch, on behalf of the property owner, offered to sell to the City Lot 21 in Block 92, for use as possible additional parking facilities. _Mr. Ritterbusch desires to be informed of Council decision at this meeting." F011owing lengthy discussion concerning Lot 21, Block 92, City Manager Worthing informed the Council that if they should authorize only the purchase of Mr. Ritterbusch's lot, as shown on a sketch provided each of the Council, there could be only 14 parking spaces provided, if only Lot 21 were obtained, because you must pro- vide egress and ingress; further, that if such was done, the cost of the lot is $7,500 and it would cost approximately $800.00 to prepare it for parking, totaling $8,300, or about $590.00 for each parking space. Whereas, if the lot to the north were also City property, and Council authorized the purchaseof Mr'. Ritterbusch's lot, these two lotS would then adjoin an existing city-owned parking lot. If both Lots 20 and 21 were purchased, this would provide for 42 additional -4- 5-10-65 147 parking spaces, then'making it approximately $435.00 for each parking space. Mr. Saunders stated'he would like to see the City have both of these lots for parking'but not by.obtaining said Lot 20 by ex- changing City-owned property on S. E. 10~h Street. Mr. Jurney said he was in favor of rounding out this parking area, but felt prices for these lots should be discussed further. Mr. Croft moved that the CityManager contact Mr. Ritterbusch, requesting him, if possible, to provide the City with .an offer to purchase, possibly as a package deal, Lots 20 and 21, Block 92, as the Council ia not interested in his offer of purchasing only Lot 21, Block 92. The motionwas seconded by Mr. Talbot and carried unani- mously. 6.f. City Manager Worthing reported to Council as follows= "Lot 20, Block 92, lies between a City-owned parking lot (Lot 19) and LOt 21, the latter having been offered to be sold to the City by Mr. Ritterbusch, as outlined in the'previous item herein. Appraised value of Lot 20 $10,000 (Wm. F. Koch) ...... City parcel $ 9,180 (Gerard J. Yonkman) See copy of letter from Ford Carter, Inc., attached hereto." Mr. saunters moved to decline the offer to exchange Lot 20, Block 92, for a City-owned parcel of land on S. ~. 10th Street. The motion was seconded by Mr. Croft and carried unanimously. 7.a. ·City M~nager Worthing informed the Council that an application has b~en received from the proprietor or'the Colony' BeautySalon for a permit to conduct telephone solicitations to stimulate and'aid summer business; further, that all requirements for such privilege, as set forth in Ordinance No."G=551, have· been met and it is recommended said petition be granted. If Council so desires to grant said permit, it would expire on or b~fore July 11, 1'965.' Following discussion aa to said permit for telephonesolicita- tion and possibly changing'the hours of telephone solicitations, Mr. Jurney moved to grant said permit; as'set forth in Ordinance No. G-551. Mayor Avery·relinquished the gavel to~Vice-Mayor Saunders and seconded the motion. UpOn call of Ro11Mr..Jurney,.Mr. Ssunders, and Mayor Avery voted in favor of the motion and Mr. Croft and Mr. Mr. Talbot were opposed. A list will be made available in the Tax Collector's office for any person who wishes not to be called by any business making telephone solicitations. 8.a. City Manager Wor.thkng, Presented RESOLuTIoN NO. 13'65. A RESOLUTION ~ ~ C./Ty COUNCIL OF THE, CI~ OF DELRAY BEACH, FLORIDA, ASSESSI'N~ COSTS FOR ABATING ~ NUISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID CITY: SETTING OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF SAID NUISANCES, AND DECLARING SAID LEVY TO BE A LIEN UPON SAID PROPERTY IN. AN AMOUNT AS SHOWN BY REPORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. ~3~65 and supporting asse~smen%s' are attached to the official copy of"these minutes.') ~ee'.~a~s Resolution No. I3-65 was unanimously .passed and adopted on motion by Mr. SaUndera and seconded by Mr. Talbot. -5- 5-10-65 148 8.b. City Manager Worthing presented ORDINANCE NO. 11-65. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING PART OF TROPIC ISLES TRADING CENTER, DELRAy BEACH, FLORIDA, IN "C-2 GENERAL COMMERCIAL DISTRICT", AND AMEND- ING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1960" (Copy of Ordinance No. 11-65 is attached to the official copy of these minutes.) (See Page 136-P) Following Public Hearing on Ordinance No. 11-65 Mr. Jurney moved to pass and adopt said Ordinance on second and final reading. The motion was seconded by Mr. Talbot. Upon roll call Councilmen Croft, Jurney and Mayor Avery voted in favor of the motion and Council- men Saunders and Talbot were opposed. 8.c. The City Manager presented ORDINANCE NO. 13-65. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SEC. 29-7.4. CHAPTER 29, CODE OF ORDINANCES OF THIS CITY, ELIMINATING OFF-STREET PARKING REQUIREMENTS WITHIN THE C-1 COMMERCIAL DISTRICTS OF THE CITY. (Copy of Ordinance No. 13-65 is attached to the official copy of these minutes. ) (See Page 136-J) (Also see last page of these minutes, Page 15~, fop amendment) There being no objection to Ordinance No. 13-65, said Ordi- nance was unanimously passed and adopted on second and final reading, 0~'moti6~"~de by Mayor Avery after relinquishing the gavel to Vice- Mayor Saunders, and seconded by Mr. Jurneyo 8.d. City Manager Worthing presented ORDINANCE NO. 15-65. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY CERTAIN LANDS LOCATED IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LANDS ARE CON- TIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; AND REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS. (Copy of Ordinance No. 15-65 is attached to the official copy of these minutes.) (See Page 15~-I) There being no objection to Ordinance No. 15-65, said Ordi- nance was unanimously passed and adopted on second and final reading, on motion by Mr. Saunders and seconded by Mr. Talbot. 8.e. The City Manager presented ORDINANCE NO. 17-65. AN ORDINANCE OF THE CI~Ty COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ~Am~XI~ TO THE CITY OF DELRAy BEACH CERTAIN LAND LOCATED IN SECTION 21, 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. -6- 5-10'65 , (Copy of Ordinance No. 17-65 is attached to the official copy of these minutes. ) (See Page There being no objection to Ordinance No. 17-65, said Ordi- nance was unan£mously passed and adopted on second and final reading, on motion by Mr~ Talbot and seconded by Mr. Saunders. 8.f. City Manager worthing presented ORDINANCE NO. 18-65. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING S~TION 4-7, CHAPTER 4, CODE OF ORDINANCES OF THE CITY PERTAINING TO THE LOC~TION OF ESTA.BLIS~5%ENTS WHICH ARE PERMITTED TO SELL INTOXICATING BEVERAGES. (Copy of .Ordinance No. 18-65 is attached to the official copy of There being no objection to Ordinance No. 18-65, said Ordi- nance was unanimously passed and adopted on second and final reading, on motion by Mr-. TaLbot and seconded by Mr. Croft.. 8.g. The City Manager presented ORDINRNCE NO. 19-65. AN 0RDI~NCE OF ~ C~TY COUNCIL OF ~ cITy OF DELRAY B~CH, F'...ORIDA, Am,,'EXING TO ~ CITY CERTAIN LAND LOCATED IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, i WHICH LAND IS CONTIGUOUS. TO EXISTING'MUNIC- IPAL LIMITS OF SAID CITy;. 'REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND= PROVIDING FOR THE RIGHTS AND.OBLI~ATIONS OF SAID LAND;.. AND PROVIDING. FOR THE ZONING THEREOFi (1225 S. Ocean Blvd. ) (Copy of Ordinance No. 19'~-65. is attached~ to the.official copy of these minutes. ) ('~Sp~ Page 15l$-K) ~ . There being, no .objectiOn 'fo Ordinance No.. 19-65., said ordi- nance was unanimously passed, and adop.ted on'secdnd and final reading, on motion by Mr. Saunders and seconded 'by Mr. Talbot. 8.h~ City Manager T¢orthing presented ORDINANCE NO. 20-65. AN ORDINANCE OF THE CITY COUNCIL OF.THE CITY OF DELRAY BEACH, F~ORIDA, AMENDING . . . .' .ORDINANCE NO.. Gm436, EXT. ENDING CERTAIN Ordinance No. 20~65 was unanimously placed on .first reading, on motion 'by 'Mr. Saunders and~seconded by Mr' Croft. 8.i. The City Manager presented ORDINANCE NO. 21-65. AN ORDINANCE OF THE CITY 0F DELRAY. BEACH, FLORIDA, .LEVYING iT HE ASSESSMENTS AS SHOWN BY THE ASSESSMENT ROLL SUBMITTED BY THE CITY MANAGER OF .SAID .CITY, CONCERNING THE OPENING, GRADING AND PAVING OF TEAT PART OF NORTHWEST SECOND AVENUE LYING BETWEEN LAKE TERRACE AND NOR.T~.~$T SEVENTH .STREET, TO 'A WIDTH OF TWENTY-FOUR FEET, SAID ASSE.SS~.. MENT ROLL BEING ATTA'CHED HERETO AND FORMING A PART HEREOF. -7- 5-10-65 150 Ordinance No. 21-65 was.unanimously placed on first reading, o~ motion by Mr. Croft and seconded by. Mr. Talbot. 8.j. City Manager Worthing presented ORDIt~ANCS NO. 22-65. AN ORDINANCE OF THE CITY OF 'DELRAY BEACH, FLORIDA LEVYING THE ASSESSMENTS AS SHOWN BY THE ASSESSMENT ROLL SUBMITTED BY THE CITY MANAGER OF SAID CITY, CONCERNING THE OPENING, GRADING AND IMPROVING OF THAT PART OF HOMEWOOD BOULEVARD LYING BETWEEN HIGHLAND AVENUE AND LOWSON BOULEVARD, TO .. A WIDTH OF TWENTY-FOUR FEET, SAID ASSESS- MENT ROLL BEING ATTACHED HERETO AND FORMING A PART HEREOF. Ordinance No. 22-65 was unanimously placed on first reading, on motion by Mr. Croft.an~ s~=O~e~.~y~Mr, J~e~,,.o~. 9.a. C~ncerning~osts for relocating the tennis courts and con- struction of the Clubhouse, City Manager Worthing reported as follows: "Council recently requested an analysis of tennis court relocation costs and origin of authority for recent additions to the building. The original building contract was in the amount of PLUS Change Or,er No. I - 13 columns - $$70.00~ YLUS Change Or, er No. 2 for 1. Installation of drinking fountain pipeline~ 2.. Floodlight r~ceptacles on building eave line~ 3. A~ded electrical service for future installa- tion of outside lighting~ 4. Installation of sliding doors in lieu of the hinged gates{ amounting to $5??.00 (Payment of this item not yet approve~)~ PLUS furnishing of ~aterial and installing fence with paneling to complete the protective en- closure of the courts, and 'Lumite' green curtain for screening of the above-mentioned additional fence installation, cost for which, including $30.00 for enclosingthe openings above the door and wall of the tennis pro's storeroom, is $626.99 (Payment of this item not ~et approved). The architect advises of having authorized the a~ditional work, covering the last .two items of $577.00 and $626.9~, on the approval of the City Manager, need for which work had been recognized, understood and agreed upon last fall. Approval for payment of these items of $577.00 and $626.99, totaling $1,203.99, is requested." The City Manager added that cost for the parking area and entrance from N. W. 1st Avenue, previously installed, is estimated to have been $2,500.00. Mr. Talbot inquired if the minutes of last fall reflect or give any explanation of Item 9.a., as described here. Mr. Worthing answered: -8- 5-10-65 151 "Not in regards to the columns or those next 1, 2, 3 and ~4 items. There was an understanding, I am t01d by the Tennis Committee, that as stated here in the preface, whiCh I read, it was agreed last fall that certain additional items would be needed to complete enclosure Of the tennis courts, for at that time, the contract of the Feise Company, among other things, included the relocation of the then existing fence, which, when relocated, extended along Atlantic Avenue and came northward on both the east and west sides of the courts an~ then headed 'in towards the intended location of the clubhouse, The fence was not sufficient in length to meet the anticipated construc- tion of the clubhouse, which was not even known at that time, and it was then understood that the further enclosure by fence and Lumite screening, and so forth, would be done when the building became located and the exact distance needed- was a known fact." City Manager Worthing continued: "I might add that a detailed analysis accompanying the agenda from your Director of Finance, Mr. Tom Weber, showed a total cost to date of $34,978.54. At that time, these two additional 'i'te~s t~%a'l~n~"$5~7~O0';I ~h&t one is known; how- ever, the additional item of enclosing fence with Lumite green curtain, totalingS626.99, was not known. Therefore, as requested earlier, the approval of that for payment, together with ~che $577.00 presented to Council two weeks ago tonight, is requested. Those items added to the.. total cost to date, as shown on Mr. Weber's detailed statement, would arrive at a figure of $35,605.53. That does not include the estimated cost by the Ci.t~ E~g~e~r ~or .~h~ parking., area and .the and he '.was' told~ it' did~ not ........ " ~01iowing !cng .thy di~c.~$~£01!; ';it was requested', that ..the City ~ind' of, deji.sia" , tO conc!uae and canst~Uctid~-~&~ ~e Jiu~oua~";: as: '~°'~e~ns the outstanding .bills. ~raffic and ~park£ng':'~o~mi~t-e.e'~ dat~8"Ap.~.!~23rd~' d~hn Kabier, ~.' C." Cr~t~,~'J0hn GregorY, LeRoy. Mer~it~ . to sell t° th~ :city 'LOts i~"a~d '.18, .Bi0ck Y6 '~(n0rth~St - ~Rgy M~r'ri~t'a.s~ Cha~rm~:"of 'the T~a~'iC and ~. ~arking Co~itte. e ..for, ~ :~emainder of.. ~!. year.., 1965.; ~.ti°n ~. Sau~ers..mOv~a 'to"acaePt',~e.,~eCom~'en~'ation of ~a~Sic and.Parking Co~ittee to decline 'Mr. ~ackson's o~fer to sell to the City ~ts 17 anti lB in Block 76. :; ~e motion was seconded by ~. Jurney and carried ~an~mo, usly. -9- 5-10-65 9.c. City Manager Worthing reported ,the Traffic and Parking Committee recommends the appointmen~ of Mr. LeRoyMerritt as Chairman of said Committee to fill the vacancy caused by the retirement of the past Chairman. Mr, Talbot moved to accept the Traffic and Parking Committee's recommendation to.appoint Mr. LeRoy Merritt as Chairman of said Committee. The motion was seconded by Mr. Jurney and carried un- animously. 9.d. Concerning the Council's reque~st on April 26th for a study of playground equipment for ~nowles Park, City Manager Worthing recom- mended that one 12 foot 4-unit swing, one. 8 foot slide, and one 4 .... board see-saw be supplied for location at said Park, estimated cost of which is $600.00, funds for said equipment to be transferred from the Contingency Account to the Playground and Playfield Account. Following discussion Mr. Saunders moved to approve the recom- mendation of the City Manager for playground equipment to cost ap- proximately $600.00 tO be placed at Knowles Park. i The_motion was seconded by Mr. Jurney and unanimouslycarried. 10.x. City Manager Worthing stated the Ordinance pertaining to parking of trucks will go into effect May 12, 1965. 10.x. The City Manager reported that at the last meeting, Council requested Mr. Clarence E. Davidson, District Chairman of the State Road Department, be contacted for a possible meeting with the Council, and he is most happy to come here and meet any time it is convenient to Council. July 1st being submission of the County budget, it would be well to reach some understanding well in advance. Mr. Talbot requested the Council's permission for Mr. Worthing, himself and the Beach Erosion Committee to set a date for a meeting, when convenient for the Council and everyone concerned. Mr. Talbot was so authorized. 10.x. City Manager Worthing reported that at the last Council meeting, he had been instructed to provide by November 1st a certain survey concerning legal matters of the beach in Section 2, as pertains to the erosion program. 'It was suggested that before doing so, an official survey of the platted right-of-way adjoining Section 2 be determined. Further, in order to provide for certified surveys at such time as it might become a necessity, he felt this work should be done by an employed registered surveyor. The City Manager asked for authorization to negotiate with a State of Florida registered surveyor to perform surveys in connection with lands in Section 2 of said pro- jected erosion program, in order that such registered surveyors might be in a position to furnish and support certified copies of such surveys, if it became necessary to produce same. Mr. Talbot moved that the City Manager be authorized to negotiate for a survey covering the area in Section or Phase 2, bring- ing such a report back to Council, withholding action until a meeting with Mr. Davidson, which is expected to be set up immediately. The motion was seconded byMr. Croft and carried unanimously. 10.x. City Manager Worthing reminded Council of a conference May 12th and 13th, to be held from 9:00 A.M. to 4:30 P.M. at Palm Beach junior College concerning the Economic Opportunity Act in Florida, sponsored by the Division of S.¢onomic Opportunity, Office of the Governor. 10.xo The City Manager reported that the General Extension Division of the Florida Institute for Continuing University Studies will pre- sent a seminar on Bulkhead Lines at Frances Langford's Outrigger Restaurant and Villas, Jensen Beach, Florida, on May 21st and 22nd, 1965. -10- 5-10-65 153 It was suggested that City Engineer Mark Fleming attend said seminar, registration fee for same being $15.00. Council authorize~ the City Engineer's attendance at said seminar. 10.x ' . The City Attorney brought up t/ae 'matter of insurance coverage, protecting the City, relative to the operetion of the Kanawa cruise ship° Following discussion, Counci} .determined that the City would require limits of $50,000.00 coverage for bodily injury, liability and property damage. The City Attorney agreed to so advise Captain Oscar Woods, th~ licensee of the operation. Mr. Brown of Beery & BTown, the City's insurance advisors, indicated that with such coverage by Captain Woods, there would.be no increase of cost to the City in its insurance liability to the .public. 10.a. City Manager worthing then presented Bills for Approval, as follows: General~F-~nd :,; ~': .... ~ ..... $64,359.80 Water Operating & Maintenance Fund 4,..145.75 The payment of bills was unanimouBl¥ approved on moeion' by Mr, Croft and seconded by Mr. Talbot. The meeting adjourned at 10:25 P.M., by order of Mayor Avery. R. D. WORTHING City Clerk APPROVED: 'MA YO R -11- 5-10-65 Ma~ 20, 1965 Amegdm~nt.,to ~iOutosof a~gv!~r Co_unc$1 ~etinq. of ~av 10. 1965. The last ~rag~aph of Item 8.c. on page 6 o£ the minutes o~:~he Regular Council Meeting of May 10th~ 1965 is hereby amended to read as follo~s~ - #ttrs. Dorothea Montgomery objeated to the passage of this Ordinance as she felt it would.be taking a backward step, and asked if it would necessitate the City buying parking Iota over town for C-1 zoned properties in order that property owners and theiremployoes v~uld have a place ~o park. City Manager Worthing said ~tmay lead to that in Imars to come, but he did net believe it would create that hardship at the present ~ime, nor in the near future. ~tr, Talbot asked the reason for this Ordinance, and BuiLding Official Hughson explained that the parking requirements in C-I districts on Atlantic Aven~e had been ~ived severe1 years ago, and since the City has acquired several perking lots, the Planning Board had recommended that the parking requirements be lifted in all C-1 districts aa it ~auzed a hardship on properties off of Atlantic Avenue and still in-the vicinity of ~he City parking lots. Hr. Talbot said he felt this Ordinance was an attempt to equalize the requirements in the C-1 districts, but felt it ~as Just aggz~vating the situation for the future and he did ~ think that was good. Following the public hearing on Ordinance No. 13-65, Mayor Avery relinquished the gavel to vice-Mayor Saundere and said that in view of the fact this Ordinance was originated and recommended by the Planning/Zoning Board, he would move that Ordinance No. 13-65 be passed on second and final read- ~ng.. The motion was seconded by Mr. Jurney, end upon call of roll, Hr. Croft, Hr. Jurney, Hr. Saunders and Mayor Avery voted in favor of the motion and Mr. Talbot abstained from PROPERTIES IN VIOLATION OF ORDINANCE NO. G-147 AND SECTIONS 15-3 & 15-4 OF THE CITY CODE PROPERTY CITY ,o~E~ '- ~ADD~mss DESC~ZPTION 1. Lenna Fagins & 222 $0W. llth Ave. Lot 18, Block 70 15-3 & Winnie Mae Delray Beach, Fla. Atlantic Gardens 15-4 Fagins Washington 2. Priest Land Co., 228. S.W. 1st Ave. Lot 19, Block '7, -15-3 & Inc. Delray Beach, Fla. Atlantic Gardens 15-4 3. O. D. Priest Sr. .228 S. W. 1st Ave. LOt 20, Block 7, 15-3 & & ThelmaA. - Delray Beach, Fla..Atlantic Gardens 15-4 Priest 4. O. D. Priest St, 2:~8 $~. !at.~Av~. ~ .Lot 21, Block 7, 1S-3 & & Thelma-A."~i ' D&iraYBeach, Fla~ Atlant$c Gardens Priest 5. O. D. Priest Sr. 228 SoW. 1st Ave. Lot 22, Block 7, 15-3 & & Thelma A. Delray Beach, Flas. AtlanticOar~ens 15-4 Priest 6. O. D. Priest Sr..2.28 S.W. 1st Ave.. L~t' 24,'~Block 7, .~ lS-3 & Thelma. A." DelrayBeach, Pla. A'~lan~ic Gardens t5-4 Priest 7. O'; D. Priest Sr. 228 $. W. 1st Ave, Lot 6, Block 10, 15-3 & & Thelma A-. Delra~ Beach, Fla. Atlantic Gardens 15-4 Priest 8. 0.' D. pr~t Sr... 228 S. W. 1st Ave. Lot 10, Block 10, IS-3 & ~elm~r. Delray Beach, Fla. Atlantic Gardens 15~ Priest 9..0. D. Priest Sr. 228 SL W. 1st Ave. Lot 12, Block 10, 15-3 &Thelma A. Delray Beach, Fla. Atlantic Gardens 15-4 Priest 10. Elmore Hart 168 Rivington St. LOt ll,.Block 100 15-4 New York, 2, N.Y. Atlantic Gardens 11. Arthur Lee & 426 S.W. 15th Ter. Lot 9, Block 10, 15-3 Annie Mae Delray Beach, Fla. Atlantic Gardens 1574 Holli~ay 12. George Lock- Box 241, Lot 8, Block 10, 15-3 & hart, Jr. % Lee Bros. Farms Atlantic 6ardens 15-4 Rt. 2 Lake Worth, Fla. 13. Nathaniel & 114 S.W. 12th Ave. Lot 7, Block 10, _15~3 & Levonia Holmes Delray BeaCh, Fla. Atlantic Gardens 15-4 14. City of Delray City Hall S~ of Street R/W 15-3 & Beach 100 N.W. 1st Ave. .S.W.. 11th Ave. bet. 15-4 _ . Delray Beach, Fla. S.W. 2nd & 3rd St. 15. Federal Title 1527 Washington Ave. Lot 1, Block 7, 15-3 & .& Ins.. Corp. Miami Beach, Fla.. Seacres~ Park 15-4 16. Jones a 401 coral way Lot 2, Block 7, 15-3 & Fre~erick, Inc. Coral Gables 34, Se&crest Park 15-4 ~lorida . 00g Page 2 - PROPERTIES IN V~OLATION OF O~DINANCE NO. G~147 AND SECTIONS 15-3 & 15-4 OF THE CITY CODE. ' ~ROPE~TY cI~ 0 .W~E. ~ ADDRESS DESCRIPTION CODE 17. Robert Glass Rt %1, Box 925 That part of W½ of 15-3 Delray Beach, Fla. N.E. % of N.E. % of 15-4 S.E. b lying E. of S.A.L.R.R. less R/W for S.R. 806, Sec. 18-46-43 18. LeRoy & Yvonne P.O. Box 1565 Lot 3 of Nb of 15-3 BRine Delray Be~ch, Fla. Block 27 15-4 19. Myrtle L. 818 - 27th Ave. Lot 4, Block 30 15-3 Williams Seattle 22, Wash. 15-4 20. City of Delray City Hall 16 foot Alley of 15-3 Beach 100 N.W. 1st Ave. Nb of Block 30 15-4 Delray Beach, Fla. 21. Donald H. 1410 Dale Lane Westerly 250.06 15-3 Elliott Delray Beach, Fla. feet of Easterly 275 feet of N 100 feet of s 425 feet of Sb of N.E.b 6f~N~ lying W of S.A.L.R.R, R/W~ Sec. 18-46-43 22. Donald H. 1410 Dale Lane Easterly 275 feet of 15-3 Elliott Delray Beach, Fla. Northerly q2.56 feet of Southerly 517.56 feet of S% of NEb of NEb lying W of'S.A.L.R.R. R/W, Sec. 18-46-43 23. Ernest & 1515 N. Swinton Ave. N. Vacant strip of 15-3 Marion L. Delray Beach, Fla. Lot 18, B~ock 77 15-4 Deutsch 66~ P~g= 3 - ~ROP~RTIES IN VIOLATZON OF ORDINANCE NO. G-147 AND SECTIONS 15-3 & 15-4 OF THE CITY cODE Violations 15-3 and 15-4 as concerns this report are as follows= ' 1. 15-3 - - Trash & Junk Car Bodies 15-4 - - Weeds 2.15-3 - - Junk Car Bodies 15-4 - - Weeds 3.15-3 - - Junk Car Bodies & Debris 15-4 - - Weeds 4. 15-3 - - Junk Car Bodies &Debris 15-4 - - Weeds 5. 15-3 - - Junk Car Bodies & Debris 15-4 - - Weeds 6. 15-3 - - Junk Car Bodies & Debris 15-4 - - Weeds 7. 15-3 - - Junk Car Bodies & Debris 15-4'- - High Brush&nd. Underg=owth 8. 15-3 - - Junk Car Bodies & Debris 15-4 -'- High Br~sh and Undergrowth 9. 15-3 - - Junk Car Bo~ies & Debris 15-4 - - High Brush&nd'Undergrowth 10. 15-4 - - High Weeds and.~ndergrowth 11. 15-3 - - Junk Car Bodies & Debris 15-4 - - High Weeds 12. 15'-3 - - Junk Car Bodies 15-4 - - Weeds 13. 15-3 - - Junk Car Bodies 15-4 - - Weeds 14. 15-3 - - Junk Car Bodies &Debris 15-4 - - Undergrowth 15. 15-3 - - Trash & Debris 15-4 - - Scrub-Oak 16. 15-3 - - Debris 15-4 - - Scrub-Oak 17. 15-3 - - Loose building tra~Sh,' loose paper & garbage, tin can, etc. 15-4 - - High Weeds and Undergrowth 18. 15-3 - - Trash &'.Limbs 15-4 - - Weeds and Underbrush 19~ 15-3 - - Trash, 5tOken trees and o~d lumber 15-4 - - Weeds and Underbrush 20. 15-3 - - Trp. sh, old lumber and broken tree limbs 15-4 - - Underbrush Page 4 - PROPERTIES IN VIOLATION OF ORDINaNcE NO. G-147 AND SECTIONS 15-3 & 15-4 OF THE CITY CODE Violations 15-3 and 15-4 as concerns this report are as follows: 21. 15-3 - - Building trash and loose lumber 22. 15-3 - - Building trash and loose lumber 23. 15-3 - - Trash, broken limbs and debris 15-4 - - High weeds Submitted to the City Council by the City Manager on this 10th day of May, 1965.. FORD R. CARTER. INC. REALTORS DELRAY BEACH. FLORIDA 27 1965 ......... ' The Commissioners of the City of Delray Beach, Florida. Sirs: As recited in our letter to you of April 22, 1965, we have a customer ~ho desires to offer for trade Lot 20 in City Block 92 for the City owned property on Southeast Tenth Street. It is our considered opinion that this exchange will be bene- ficial to the City and urge that you give very serious con- stderation to this proposal for the following reasons. 1. The City owned property beco~s useable ~hen put together in a composite with other surrounding parcels of land. 2. Our customer ~no desires to acquire the City owned prop- erty, together ~ith other adjacent parcels of land both inside and outside the City limits, intends to develop it immediately into a Shopping Center complex and ~111 bring into the City the parcels ~hich are not now inside the City limits. The City will benefit from increased revenue and taxes on the provements, ~hlch will exceed $5OO,0OO.00 in value. 3. Your records will indicate that a Shopping Center complex such as is planned will produce additional revenue in the neighborhood of $10,000.O0 to $15,000.00 from cigarette tax alone. Certainly the acquisition of property adjacent to the existing City parking lot, ~hich can be developed immediately for addit- ional parking, is of benefit to the City as is additional rev- enue from the proposed lm~ediate construction of the Shopping Center complex. As you know, Lot 20 in Block 92 is being held at a price greatly in excess of the appraised v~lue. In spite of this fact, our customer is willing to pay this inflated price in order to trade the property to the City. ~owever, should the City so desire, our customer ~ould be willing to m~ke an out- right purchase of the City property. We would greatly appreciate your favorable consideration of this matter. Very truly yours, LRE:V .... ~ ' 154-~ ~L~TION NO. 13-65 A ~ESOLUTION OF THE CITY COUNCIL OF T~E ~ITY OF DELP~Y BEACH, FLORIDA, A$SF~SING COSTS FOR ABATING.NUISANCF~ UPON CERTAIN LANDS LOCATED WITHIN SAID CITY. SETTING O~T ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING ~HE COST OF SUCH ABATEMENT OF ~AiD NUISANCF~, AND DECLARING SAID LEVY TO BE A LIEN UPON ~AID PROPERTY IN AN AMOUNT AS SHOWN BY REPORT OF THE CITY M~HAGER OF DELRAY BEACH, FLORIDA. W~EA.~,..~h~.~X .~quneilof the City of Delray Beach, did~ in regular ~////////sessl~n held on the 22n~_.~f F~brua~. 19.6~ declare the existence of a ~ui- ~ance upoH ~rt'~ Xo~S: ~r pa~cels'~f land, described in a list sub- mitred to them, for violation of the provisions of Ordinance O-l~7~ ~EREAS, pursuant to such declaration, the City Clerk of said City did furnish each of the respective owners of the lands described in said list with a notice describing the nature of the nuisance and that they must aba~e said nuisance within thirty (30) days, faitin~ in which the City Council would have it done, and the. cost thereof would be levied as an assessment against said property~ and WHEREAS, the owners hereinafter named did fail and neglect to abate the nuisance existing upon their respective lands within the time prescribed in said notice and O~dinance G~I~?, and the City of Delsey Beach was required to and did enter'upon the following lands and incur costs in abating the nuisance existing the~e,n as described in'the aforesaid list~ and WHEREAS, the City Manager of the City of Delray Beach, has, pur- suant to said Ordinance G-]I~.7 and the Oity Cha~ter submitted to the City Council a report of the costs incurred in abating the nuisal~ce aa aforesaid, said report indicating the costs per parcel of land involved~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS 1. That assessments in the ~ndividual amounts as shown-by the report of the City Hanager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or par- cels of land described in said report, a co~y of which is attached he,ets end made a part hereof, are levied against the parcels of land described on Said report and in the amounts indicated thereon. Said assessments es levied shall be a lien uDon the respective iota and parcels of land described in said report, of the sa~e nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as city taxes a~e collectible. 2, That the City Clerk of said City shall, as soon as possible after the effective date, record a certified copy of this resolution in the office of the Clerk of the CirCuit Court in and for Palm Beach County, Florida, and shall furnish to each of the owners named in and '~p-on said report a notice that the City COuncil of the City of Delray ~ea~h, did, on the 22nd of Februar.F~. 1965 />rdaV the abatement o~ ra ~ert'alnnul~ance'exlstlng oA"the/A;-de~c~/bbd prop~'t2 and property owner having failed to abate such nuisance, ~Athin the 30 day period, whereupon it was abated by the City at costs · ~m~n in said report and such assessments shall be legal, valid and b~nding obligations upon the property against which said assessments are levied, This ~esolutio~.ahall become effective 30 days from'the date of adoption, a~ the assessments eon~a$~ed herein shall become due and p~yable thirty days after tl~e mailing date of the notice of said assessme~t~ af~e~dwhlch interest s~all. ~ccrue at the rate of 6% per annUm'o~ an2 ..~ai. portion there~f.~ FASSED A~DADOI=ffED .in--session en the lOt_ h dau of "' _~' . /SJ,AL,. C. AV~.RY /s/~. ~. ~o~z~ C'i~y C'w~'m~'~'~'~'~;'- "- C0.~T OF ,,, ABATING NUISANCE ~NDER ORDINANCE NO. -G,-147. ~ebruary 22, 19651i~t. PROPERTY DESCRIPTION OWNER ASSESSMENT Let 64, Tropi.e Isle Lloyd R. Remington $7.00 Lot~65, Tropi~ IsI'e Verner C. & Valborg $17.50 E. Johnson AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY B~ACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND LOCATED IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 ~AST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF .SAID CITY~ RED~FINING THE BOUNDA- RIES OF SAID CITY TO INCLUDE SAID LAND~ PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND~ AND PROVIDING FOR THE ZONING THEREOF. WHEREAS, VICTOR R. ALFARO, PRANK H. ~LLER and JOHN L, HAMILTON are the fee simple Owners of the property hereinafter describ- ed, and WHEREAS, VICTOR R. ALFARO, FRANK H. WELLER and JOHN L. HAMILTON, by their Petition, have consentea and given permission for the annexation of said property by the City of Delray Beach, aha WHEREAS, the City of Delray Beach has heretofore been author- ized to annex land.s in accordance with Section 185.1 of' the City Charter of said city granted to it by the State of .~lorida~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the City Council of the City of Delra¥ Beach, Palm Beach County, Florida, hereby annexes to said C].ty the following described tract of land located in Palm Beech County, Florida, 'which lies contiguous to said City, to-wit: That tract of land in Section 21, Township 46 South, Range 43 East, Palm Beach County, Florida, described as follows: That part of the South 100 feet of the North 1040 feet of Government Lot 4 which lies East of state Road ALA, Section 21, 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 de- scribed tract of land, and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SE, CTION 3. That the tract of land hereinabove described is hereby declared to be in Zoning District R~3-A (to be created) with the height limitation not to exceed 35 feet from the highest finished grade to the ceiling of the highest floor, otherwise .subject to all of the regulations and restrictions of R-3 zoned lands. SECTION ,4,,. That the lands hereinabove described shall immedi- ately become subject to all of the franchises, privileges, immunities, debts (except the existing bonded indebtedness), obli~ations, liabili- ties, ordinances and laWs to which lands in the City of Delray Beach are now or may be, and persons residing thereon shall be deemed citi- zens of the City of Delray Beach. SECTION 5. That if any word, phrase, clause, sentence or part of this ordinance-~shall be declared illegal by a court of competent j~riediotion, such recor6 of illegality shall in no way affect the maining portion. PASSED in regular session on the secon~ and final reading on the day of A~EST: ..... ~ A ¥ 0'~. ..... ' "Ct'ty Clerk First Readin~ Second Readinc~. 154-1 01%DIN~.NCE NO. 15=65. AN ORDIN~NCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY CERTAIN LANDS LOCATED'IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LANDS ARE CON-. TIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY~ AND REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS. (Addlti~nal'rights-of-way - N.W. ~th Ave. & N. W. 13th St.) WHEREAS, it is deemed for the best interest, safety, health, and general welfare of the citizens of the City of Delray Beach, Florida, that the hereinafter described real property be annexed to the City of Delray Beach, and WHEREAS, said lanas are contiguous to the present bound- ary of territorial limits of the City, and will Drovide additional width for present rights-of-way necessary for improvement of public rights-of-way, and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 185.1 of the City Charter of said City granted to it by the State of Florida: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~ECTION 1. That the City Council of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described parcels of landlocated in Palm Beach County, Florida, which lie contiguous to said City, to-wit, and shown in Plat Book 1, page 4, in the Public Records of Palm Beach County, Florida: Those parcels of land lying and being in Section 8, Township 46 South, Range 43 Bast, Palm Beach'County, Florida, described as follows: 1. The East 15 feet of ~he East 3/4 of the South half of Lot 15, Section 8, Township 46 South, mange 43 East. 2. The North 10 feet of the East 800 feet of the East'3/4 of the South half"of 'Lot 15, Section 8, 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 parcels of land, and said lands are hereby ~eclared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. That if any word, phrase, clause, sentence or part of this ordinance shall be declared illegal by a court of compe- tent jurisdiction, such recor~ of illegality shall in no way affect the remaining portion. Passed in regular session on the second and final reading on this the 10th day of May, 196~. /s/ AL. C. AVERY MAy'om ATTEST: City Clerk , ..... '. First .Reading .,APri%~6, 1965 Seuond Res~ing ..May.10,..!965 ORDINANCE NO. 17-65. AN ORDINANCE OF T~E cITy coUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAy BEACH CERTAIN LAND LOCATED IN SECTION 21, 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 PROVIDIN~ FOR THE ZONING THEREOF. (1075 S. E. 6th Avenue) WHEREAS, F~ETWINGMARINE cORPORATION is the fee simple owner of the property hereinafter described, and WHEREAS, MR. ROBERT L. DEARY, PRESIDENT OF FLEETWINGMARINE coRPORATION, by his Petition, has 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 author- ized to annex lands in accordance with Section 185.1 of the City Charter of said City granted to it by the State Of Florida; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the City Council of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described tract of land located in Palm Beach County, Florida, which lies contiguous to said City, to-wit~ That tract of land in Section 21., Township 46 South, Range 43 East, Palm Beach County, Florida, described as follows: Lots 10 and 26, Block 2, MODEL LAND COMPANY SUHDIVISION, Section 21, Township 46 South, Range 43 East, less R/W of State Road No. 5, and R/W FIND Canal, as recorded in Palm Beach County public records. (As shown in Official Record Books 1142, page 234, and 1148, page 202, 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 de- scribed tract of land, and said land is hereby.declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. %~nat the tract of land hereinabove described is hereby declared to be in Zoning District"C-2" as defined by existing ordinances of the City of Delray Beach, Florida. SECTION 4. That the lands hereinabove described shall immedi- ately become subject to ail of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be, and persons residing thereon shall be deemed citizens of the City of Delray Beach. SECTION 5. That if any word, phrase, clause, sentence or part of this ordinance shall be declared illegal by a court of competent jurisdiction, such record of illegality shall in no way affect the re- maining portion. PASSED in regular session on the second and final reading on the 10th day of May, 1965. ATTEST: /~/ AL. C. AVERY /'/ R. D. wo HIN ,,,, M o. ORDINANCE NO, AN ORDINANCE OF THE CITY COUNCIL' OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY CERTAIN LAND LOCATED IN SECTION 21,TOWNSHIP 46 SOUTH, RANGE 43 F2~ST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNIC- IPAL 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. (122~ S. 0~oan Blvd.) WHERF~. S, ALvIN L. AUBINOE and DOROTHY B. AUBINOE (his wife), and GEORGE W. HUGUELY, JR., Trustee, are the fee simple owners of the property hereinafter described, and WHEREAS, said ALVIN L. AUBINOE and DOROTHY B. AUBINOE (his wlfe) and GEORGE W. HUGuELY, Jr., Trustee, by their petition, have con- sen'ted and given permission for the annexation of said property bY the City of De,ray Beach, and WHEREAS, the City of Delray Beach has ~eretoforebeen author- ized to annex lands in accoTdance with Sect£on 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 DELRAYBEACH, 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 21, Township 46 South, Range 43 East, Palm Beach County, Florida described as follows= All that part .of the North 300 feet of the south 700 feet of the North 4,680 feet of Section 21, Township 46 South, Range 43 ~ast, lying East of State Road A1A. ~E~T!ON 2,~"That the boundaries of the City of Delray Beach, Florida, are hereby ~edefined so as to include therein the above de- scribed parcel of land, and'said land is hereby declared to be within the corporate limits of the City of Delray ~each, Florida. ~ECTION3. That the tract of land hereinabove described is hereby declaredto be inZoning D~strict R-3, as defined by existing ordinances of the City of Delray Beach, Florida .... ~ECTION 4. That the land hereinabove described shall immedi- ately become sub~ect to all of the franchises, privileges, immunities, debts (except the existing bonded indebtedness), obligations,liabili- ties, ordinances and'laws to which lands in the City of Delray Beach are now 'or may be, and persons r~sfding .thereon shall be deemed citi- zens of the City of Delray Beach. SECTION 5. That if any word, phrase, clause, sentence or part of this ordinance shall be declared illegal by a court of competent jurisdiction, such record of illegality shall in no way affect the re- maining portion... PASSED in regular session on the second and fins1 reading on the 10th day of May, 196~. ATTEST: /s/ AL. 0. AVERY R' A _ /S/ R ~_ D., wORTHiNG' City Clerk 1st Readin~ ......... April 26~:~1,965