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07-26-65 JULY 26, 1965, A regular meeting of the City Council of Delray Beach was held in the Council Chambers at 8500 P.M., with Mayor Al. C. Avery in the Chair, City Manager David M. Gatchel, City Attorney John Rose Adams, and Councilmen J. LeRoy Croft, James H. Jurney and Jack L. Saunders being present. 1. An opening prayer was delivered by the Rev. J. R. Evans. 1.s. The Pledge of Allegiance to the Flag of the Un/ted States of America was given. X. Mayor Avery introduced the new Delray Beach City Manager, Mr. David Mo Gatchel. 2. The minutes of the regular meeting of July 12th and special meet- ing of July 15th, 1965, were unanimously approved, on motion by Mr. Croft and seconded by. Mr. Jurney. 3. Mayor Avery announced that a delegation of approximately sixty adult participants of the Mar~mount College Self Help Project are present tonight, and welcomed said delegation. Further, that said individuals ali live in and around Delray Beach, and are studying basic literacy, good citizenship,, effective home management, practical finance, sewing and basic i~dustrial arts. May~r. Ay, cry sa~d tJ!e .Le..ague ,.of women vD. tess ~hav~?rr,an,,~ed .4, Ther~ was no .Beauti£ica~,:Lo~ c.omm~.tte~,, report, 4,a, A roll call ehowed the. fo!lowing civio organiza~ione and ~epre- ',S'en~atiVes to be in'~t~eAdahee= ..... '~' .... ":~each Taxp~ye~rs League, Business & Professional Woman's Club, and ' . League ~f 'Women Voters Mrs. Phyllis Plume Chamber of Commerce Mr. ~en~eth EllingswOr,th . Breezy Ridge Estates . Mr, John SWOrd 5. Ci2y Ci~rk W°rthing read a 'letter from the south Palm Beach County .Soap Box De.~by, .thanking` the Council for their support and cooper, etlon .cit ' .clerk read' 'a le t r' : rOm' Sh.' m ,n .,.iU em, ,'p~st,' No ;:~ .:188';~ 'thrOng .~e:. C~c'il ' for' the: use of' the their iase :annual ThankS~iv~ng"~e~tival;: and" expla~Ain~'&~at ~' '$..'a:.: Ma. yqr ilve~y' in~.rOd.~d Lieutenant '~o!onel' JOe' ~ilto~' · ~Prlt~l~lie,''' ilabaia~;' st~tt°n~d""at~ F~rt 'Benni~g', Ga'., an Old army buddy that .had been wi. th hi~, .i~ G,e. rmany £oIlowing~ hie serious in}ury. .6.a., C!ty_.C!e~k ~.,!ng,~.,i.n£0rmed the Council as ~ollows. "Due to Co,u~,cil ~d.9.t_erm!nation,~o ~eauti~y a portio, . .Avenue betw~,gn~,~.~.,F,E..C.. Railroad right-of-Way 'and EaSt $ h- ' '~c~me n'ece'~sar~:~".~Urch~e ,two .pieces of equipment - a gasoline %nire a. 'at and..e pne . a lc. ving ;' ' 7J2.6-65 ~ "breaker at a cost of $609.60, for a total expenditure of $976.44. Additional small planters are desired to be provided between East 4th and 5th Avenues on Atlantic Avenue, also a large planter at the .intersection of East Atlantlc and 4th Avenues, together with replacement of broken and unsightly sidewalk, total cost of which is estimated to be It is, therefore, requested that authorization be granted for transfer of $1,476.44 from the Contingency Account (910-858-800) to Streets, Alleys an~ Sidewalks Account (910-321-506) to cover total cost of the necessary equipment ($976.44) and additional planters (Estimated cost $$00.)o" Mr. Croft moved that said funds be transferred from the Contingency Account to the appropriate accounts for said expenditures, the motion being seconded by Mr. Saunders. Mr. Croft said this beautification project had been approved in February,.and requested that the City Manager, see that this work is done between the F.E.C. Railway and East 5th Avenue. Also, in addition to phase one of said project that the CounCil approved, the merchants between 5th and 6th AVenues have also requested some beautif~cation in their area; further, that 'the merchants will pay for the materials in- volved in said project. Upon call of roll that said funds be transferred, the motion carried unanimously. 6.b. City Clerk Worthing reminded the Council of a proposal sent to them, making availabIe for purchase by the City a tract of land adJa. cent to and north of the Beach Fire Station property, lying between Ocean Boulevard and Andrews Avenue and containing approximately 43,625 square feet~ further, that it is recommended this offer be referred to the Traffic and Parking Committee for review and recommendation, to be forwarded to the capital Improvement Committee. It was so moved by Mr. Saunders, seconded by Mr. Jurney, and unani- mously carried. 6.c. The City Clerk informed the Council as fo110ws: "The-Florida Power & Light CompanY desires to remodel and extend its present sub-station building on S. E. 10th Street, which will require abandonment of their present septic tank installa- tion, and the Company requests sewer set.vice. The property lies east of the F.E.C. Railroad right-of-way and on the north side of 10th Street. Estimated cost for providing this service from the existing nearest manhole is $2,000. Authorization is requested for extending such service and for transfer of necessary funds from the Water and sewer Contingency Account (915-858-800) to Mains & Lines (915-460-640) to cover actual determined cost upon completion thereof." Mayor Avery asked City Engineer Fleming for an exact description of where said sewer line would go, and the feasibility of picking up the customers enroute to the manhole, and City Engineer Fleming answered as follows: "The proposal which Mr. Wo=thing gave .you, and this only came to my attention this afternoon, was to ex~end the line from the existing manhole on S. E. 2nd Avenue, which is about 100 feet north of the intersection of 9th Street. It was proposed to extend this line due southward On S. E. 2nd Avenue to 10th Street and then west on 10th Street to a point almost to the right-of-way of the railroad, at which point the ~lorida Power & Light people have their 'septic tank at pre- sent. By following that route the line would pass a number of vacant -2- 7-26-69 '213 lots in the block between S. E. 10th and 9th Streets, immediately west of 2nd Avenue. Those east of 2nd Avenue are already served. There is also the possibility that property annexed south of 10th street may be served by that line. Investigation indicates that it is not, accord- ing to City policy, necessary to install this entire section at the present time. The Florida Power & Light property being one unit of property, in accordance with our policy, it is only necessary to bring the connection to the property and the Florida power & Light people must take it from that point. It is, therefore, possible to extend the line from the previously described manhole on S. E. 2nd Avenue southward only 100 feet to the intersection of 9th street, thence westerly about 200 feet to a manhole, and if the Council so desires, then ~outh about 100 feet to provide a connection to the point where the Florida Power a Light people will require one connection. They require two connections in this case, and this will give them a connection to the closest one. The estimated cost of that construc- tion would be in the vicinity of $1,300.O0. I recommend the less'er expenditure at this time, due to the fact that I dontt believe the vacant lots will produce revenue for so~e time to come. The cost of material is only $762.00 for this job." Mr. Croft moved that the recommendation of the City Engineer for the $1,300.00 expenditure be authorized, and the proper transfer of funds from the water and Sewer Contingency Account to Mains and Lines Account be made. The motion was seconded by Mr. saunders and carried 'f[~ d. ' Th~'-"Cit Cl~rk infa~ed '~he ~Cou~ci['that [~ia'~$ ~scho01 and necessary funds have been PrOvided' b~t'tl~e State .BOaF~ o= p=~'r ~t° '~h~ school ~ard ~ein~. ~e~i~tea ~ tO .,c0m%&ce. on., !" .~ur~he~', t~at' ~t ma'Y ~e the.PleaSure of. council, to authorize 'plans' and' c°ns2ruction 's~eci~i~ati°ns for. :SeC~i;n"'~O' °r '~o ~°v~de :baby ~ eX~ension':Of such se~V£e~S f~om the.'n6arest manhole ~-e~.~pieX and~ proPert'iea abutting, such extension c~ty clerk WOrthing then reaa'' the f°ilowing letter from Robert w. :F,l~0n.; county superi&~enaen.~.'of Public- l~,t=uCtio~, 'dated -=UlY:. ~Ist. "Dugger& ~Ohnson have,alzeady-beenaPpOinted 'as architects to : .: ComPlete' plans, for the addition to carver High School. Xt is .anticipated that bids will ~e received.on this pro,aCt by the middle o~ September, or no later than the' lSt'of 0c~oher- We are faced with a problem,.however, because of the . fact_~, tha~.. . the .sewage plant at the ca ~rver High S¢hool, is 2axed to capacity now~ and, we w[11 not be~ permitted to add additional facilit~es unless other arrangements can be made for sewer service, I know that at the present time you are installing new sewers in various parts of .the city. I am wondering what the schedule is for new sewer Iines *to be installed-i~ the carver High Sch°oI area, so a connection could be made-wi[th the city system. These new facilities probably, will be ready for o~ccuPa~cy some- time about ~he end of January 1~66! and, prior to .their .occupancy, we would h~ve to have a new sewer, pL. ant, or have arrangements made to tie the entire school into the city sewer System. this be ~possible by that time? i', Sba;li appreciate-any aelp or advice you can give. Thank for you~ 'coop~.=at'£on." Mr. Saunde~S moved to ~u~horize .Russell.& Axon to proceed w~th that the plans may be ready if and when said work could be done. The motion was seconded by Mr. Croft. Mayor Avery said that Section 20 is supposed to be a high income pro~ucing eecticn~ also, it ~ay be possible to install Section 20 under the present f~nancing of additional sewer sections. Mr. Croft asked the amount of time it would take to produce said design plans and construction specifications, and Mr. Daniel ~eff of Russell & Axon said he thought it would take approximately two months time. Upon call of roll on the motion that Russell and Axon proceed with plans and specifications concerning Section 20, the motion carried unanimously° 6.e. A survey of parcels of land in violation of City nuisance laws was presented, and Mr. Croft moved that the Clerk be directed to comply with Chapter 15 of the Code of Ordinances, as applicable to such survey report, the motion being Seconded by Mr. Jurney and unanimously carried. (Copy,of nuisance violatio~ list is attached to the official copy of these minutes.) (See Page 218-B) 7.a. T~e City Clerk informed Council of a petition for change in zoning from R-lA (Resident~al District) to R-3 (Multiple Family Dwell- ing District) of Lots I through 11, Block 3, Delray Beach Heights tension and Lots 1 through 85 Block 3, Delray Beach Heights Extension "B"' and that ~n compliance with the C4ty~s Code of Ordinances, the Council may deny this request or refer same to the Planning/Zoning Board for public hearing to be held thereon, and recommendation to the Council as a result thereof.' Mr. Jurney moved that said petition be referred to the Planning/ Zoning Board for public hearing end recommendation, the motion being seconded by Mr° Saunders and unanimously carried. 8.a. City Clerk Worthing presented RESOLUTION NO. 25-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE OP~N- I~, G~ADING AND PAVING OF THAT PART OF NORTHWEST THIRD AVENUE RONNING THREE HUN- DRED EIGHT AND THR~E TENTHS (308..3) FEET SOUTHWARD FROM NORTHWE_ ST ELEVENTH STREET. (Copy of Resolution No. 25-65 is attached to the official copy of these minutes.) (See Page 21~-0) There being no objection, to the opening, grading and paving of said portion of N. W. 3rd Avenue, Resolution No. 25-65 was unanimously pass- ed and adopted on first and final reading, on motion by Mr. Croft and seconded by Mr. Jurney. 8.b. The City Clerk presented RESOLUTION ~O. 26-65. A RESOLUTION OF THE CITY COUNCIL OF CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF AN EASEMENT AS SHOWN ON A PLAT RECORDED IN PLAT BOOK 27, PAGE 161, O~ THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY, FLORIDA. (Copy of Resolution ~o. 26-65 iS attached to the official copy of these minutes.) (See Page 218-D) Resolution No. 26-65 was unanimously passed and adopted on this first and final reading, on motion by Mr. Saunders and seconded by Mr. jUrney. -4- 7-26-65 215 8.co City Clerk Worthing presented ORDINANCE NO. 27-65.- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANN~XING TO THE CITY OF DELRAY BEACH CERTAIN LAND LOCATED IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ~HICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY~ REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND~ PROVIDING POR THE' RIGHTS AND OBLIGATIONS OF SAID LAND~ AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 27-65 is attached to the official copy of these minutes. ) (See Pages 218-E & 218-F) The City Clerk also read the Planning Board report on said Ordi- nance as follows ~ "The Board unanimously recommends that the Ordinance be passed on second reading in its entirety." Mrs. Joseph Ellis informed the Council that she and her husband live adjacent to the Richardson property covered by Ordinance No. 27-651 that their home is not within the City limits~ that they are in a r~s!dentia~ zone, and that they. strongly-object.to said Ri&ahraS~ pr~P~r2y b~ing Zoned 'C-2. ' D~=[ng len~th~ eomments, Mrs. Ellis question~d_ the .Richardson property.being, adjacent, to. the City, and City Attorney Ad'mS explai~edI. t~at.J~he ifac&'a '.~6ad/!ntsrvenes be- t, eh the city ~mit~ ~"d a/p~ece''of~ P~0~e~y. tha~'~o~l~ be ~ontigu- ous, does not matter~ .... ' ~" ' Mr. Joseph'Ellis also objected itO the.~RichardS0n~ ProPert~ being zoned C-2 .... . ~. · .~ There was d~scusSion concerning .what: .develo~nt ~maY be.. proposed for the Richardson.property, and whether it"~s land that would be need- ed in the construction. Of'an inter~hange for' iL95 highWay, Mr. james RketerbUsch informed the Council that Germantown Road was the proposed location of the interchange for !-95, and suggested the C~ty Council, and Mrs. Ellis Check wit~ the state ROad Depart~S~&~ as he understands they will need more than 300 feet of right-or-.way at that location, an~ that the Richardson property covered~by Ordin,.anoe No. 27-65, as well"as the parCel-of 1and to the west of~ it, will bOth be needed' for' the ~nterchange. Following.discussion, Mr. Jurne~ moved that this matter be tabled for further disCuss'iOn, _possibly ~ the neXt workSlioPmeeting, that the COUndi1 ma~" l~0k tiro ~ame a' little =further. The motion was seconded .by Mr. Croft and carried unanimously 8~d. The city Clerk presented_ ORDINANCE NO. 28-65. ~ '" AN ORDINANCE OF' THE' cITY COUNCIL OF" THE CITY , OF DELRAY BEACH~ FLORIDA, 'ANNExING TO.,T~HE.: CITY ~ ·" ' OP. DELRAy BEACH CERTAIN'.LAND~'i N~MELY'LOTj9, iLA~E/ ' ' IDA 'MANOR, WHICH.LAND IS CONTIGUOUS TO EXISTING .... MUNICIPAL.'.LIMITS OF SAID CITY: REDEFINING THE ~OUND~RIES o~ SAID CITY-TO INCLUDE SAID.~LAND: PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF'SAID LAND~ AND PROVIDING FOR THE ZONING THEREOF. Ordina~ce No. 28-$5 was ~nan!mouslY. placed on first reading O~ motion byMr. Croft and seconded by~ Mr. Sa~nders. ~-,-.,~ ~.a. conce=i~cj~a req~.e~t for .~ermisbive use'.of land~' eit:Y ...... ; ,~ii- 7.-26-65 ~-" 216 ~ ~ "ReqUest of Church of God in Prophecy for permissive use of Lots- 25 and. 26, Block B, Carver Memorial Park, to allow for e~'c~0n 'of~.a tent to*hold services .' ~or an indefinite period of time was referred by Council on June 28th to the Planning Board, *as well as the M/nietertal Association, for review and rec0 ~mmendation · Reverend 'N. A. ~enkins, President of the Inter-Deno~inational Alliance, advises of having been unable to .find any information pertaining to the existence of such named church and, therefore, has no recon~endation to submit. The Planning Board recommends this request be denied." Mr. Saunders moved to sustain the recommendation of the Planning Board, and the request be denied. The motion was seconded by Mr. Croft and carried unanimously. 9.b. The Council was informed that the Planning Board considered the petition of Florida Sites, Inc. for abandonment of an 8 foot by 43 foot dedicated alley, referred to said Board.by the City Council on June 28th. Further, that since-the Florida Power & Light Company, Southern Bell Telephone and Telegraph Company and the Consulting Engineers 'for the overall Outfall Sewer System, express no interest in said alley, the Planning .Board recommends abandonment thereof. City Clerk worthing then read RESOLUTION NO. 27-65. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLOR]]~A, ~A~CATING AND ABANDON- ING A PORTION OF AN ALLEY AS SHO~ ON A PLAT RECORDED IN PlAT BOOK 20, PAGE 46, OF THE PUBLIC RECORDS OF SAID PALM BEACH coUNTy, FLOltIDA. (Copy of Resolution No. 27-65 is attached to and made a part of the official copy of these minutes.) (See- Peg® 218-A) Resolution No. 27-65 was unanimously-passed and adopted on this first and final reading, on motion by Mr. Croft and seconded by Mr. Jurney. 9.c. The City Clerk reminded the O~uncil that on Ju~e 28th, they re- ferred to the Planning Board for publio hearing a petition for Per- missive Use of Lots 1, 2, 3, 11 and 'the South 25 feet of Lot 10, Block 66, to allow a private school. Further,. that a public hearing was h~ld following notification to affected property owners in the general area, in compliance with Code of Ordinance requirements, and no objections being received, the :BOard recommended, that' sai'd Per- missive Use be granted. There being no objections: from the audience~ Mr. Croft moved that said request for Permissive Use be granted, the motion being seconded by Mr. Saunders and unanimously carried. 9.d. City Clerk Worthing informed Council that they. placed Ordinance No. 25-65 on first reading on June 28th and referred same to the Planning./.Zoning Board for zeview end~re~ommendation'; The:City ~Ierk ~en re&.d-:the following Planning Board repo=t,~ da, ted~ J~ly 21, I965: "~'Re: Ordinance No. 25-65 pertaini~g to' 'pet'it~ons'-for rezoning or conditional uses. This item was referred to the Board after the 'first reading. After'. discus'sion, the,'p1an~g ':Bb'a~ "f~eis that any change of zoning, or use of prope=2fW that~f~ects the citizens as a whole should be advertised and a~ pUbl.ic' healing' be held in order that the Board can .more stand the feeling .of..-the public, in.' an~'cha~Ige .~f'.u~S'~.~f 'any property where zoning and .uses have been es~abl~ished by"'ordi- nance," - 6- 7-26-65 The City Clerk also read a letter from the Beach Taxpaye'rs::..Le~ag,.u.~.~ oppo s ing ~ Ordinance .' NO .. :.'~ 5 -6 $ · Mr. Saunders moved that Ordinance No.. 2S-65 not be passed on second and final reading. The motion was seconded bY Mr- Jurney and carr. i~ unanimously. 9.e. The Council was informed that the Presbyterian Church on Bronson Street requests minor improvement of a parking lot, owned by the Church, in exchange for making-said parking lot available to the.public, for free parking, on week days, Monday through Saturday. The Ci~ty Clerk read the following pXanning Board report concernin~ same, dated July 21, 1965: "At the Planning Board meeting on July 20th, 1965, the suggestion that the City and the Presbyterian Church make every effort to reach an agreement i'~cr the. use. of the parking area that the church owns on ~Bronson Street, wac made. ~ The .Board recommends that ,the Council refer this matter to the Parki.~g Committee-and the City ~Attorney in an effort to reach an equitable solution whereby the property can be improved by. the City, and that the general public could use the area for free parking six days a .week with the exception of Sunday. ,The Board hig~ly:'i endorses. this' suggeStio'n' &nd~ .h~p~s t~at act'~o~ -~n'~,e i~Sti~ed~'i~e~ia~eXy on this ~e=y imPOrtant item." siid: s:U~y'~ if h~ is not 'aire~d'y'a member 'of the ' ~Ma~0~"A~ery stated that the City Manager. is an Ex-Officio member of all the. City Committees, ~and following agreement expressed .by Councilman, MayOr. AVery in. fo~rmed City ~anager Gatohel that he, ',~.S" an EX'Officio member .of el~ cit~ Committees..- - :. '~.~.'C~o'ft moves that t~is item ~e refer=e.d tO' the ~5=king ~0mmi£tee, tog.ether With the City Attorney and City Manager, ' Mr. croft there Could be some drainage problem. The motion was seconded by Mr. Saunders and. unanimously` carried. ..: ~ 9.f, 'The' Ci'ty':Cle~k .reminded the Council that on june-.2-sth au~]i0~ized ex~en's'ion of a sewer, line o~' ~ac~arlane D~i~e; n°~'thwa~d ' from."~iramar Drive, 'an~:requested being advised actual cost of materi- als, ~urth.er, that the exten~io~..~ad be~n c~mpleted by Ci~.~O~.Ces an~. t~e :ma~e~iai c°st imounted." :to'/'$<98, 36,: but :h~'d-' ti~: e:f~c'te~ :~y. :a~.~t~'a~t _the ~oe.t w°~I~' ha~. been :~1, 4~:2;'~0,.-. :,.::.::: :::': . city. zng£neer .Z.lemi''ng 'rePOrt:ed %to -COdiCil' t~at th~"~0'st 'o~',labor on this': se~e~: in'stellar!on '~a~ ~57'4,5~"7 ~aking :a. toga i"~os~ ~. "~1; 0 ?2.92. MrS:, D°~0~ea ~n~°mery 'asked ~abo~t'.a ~all"S't~iP :~:~:~ement torn up due ~o:sa~d. '.a.ewer.'.ineta. i~atiOn~ and"C!t~ ~Eng£nee~ Fl:~kag: her .:.tha:~. ~ould' ;b'e- ~e'pai~ed ~ '""' .......... - > ' .' '"'-~" ....... . '~'=' ...... ':'~ x .~l~s~...DO~o~J~ea. ~0ntg¢:mery~.sug~eSted '.that' any tim.e, pa.~kin~.'~:lotS' being:..Coneidered~.'th~t Mr;.> ~eRoy ::C~Oft; ~ a. membe~ 'o.f!:t~: Re~Et~iZ~cat-~oi commit-tea';. .be p~.t.' on said cbmm£ttee~:'in order': that th~'.~/~:~: 10.a. · ~onCe~n~g'.'estab.~Shmant o~ ~e City. ~nage~' s~lir~, ..'..~ '~J.:~i~ ~i ~:~:-~h!~:'~ .~ mini~ 'aala~7::in the. '. : .,-~7 ......... ~-2~-65 .:. - - .... ' -F~ :- . 10.b. City Clerk worthing re~ortedto C°unctl as follows concerning additional parking facilities on the north 60 feet of Block 37, the Pony League Ball Park: "This item appears on the agenda at the request of C°uncilman Croft. Block 37 lies between S. W. 3rd and 4thAvenues.on the south side of Atlantic Avenue, and construction of a parking area on the north 60 feet of the block, parallel.toAtlantic Avenue, W~11 provide approximately 56 parking spaces. Estimated cost for this improvement is $1,900. Authorization is requested for providing such additional parking facilities on saidparCel of land, with necessary funds to cover actual determined cost thereof to be transferred from the Con- tingency A~count (910-858-800) to Streets, A!leyS and Sidewalks Account (910-321-506)," Mr. Cro~ eXPlaine that.area as the widening of West Atlantic Avenue would .not be com- pleted before the coming winter season, and it would also provide paved parking' for the patrons of the Pony League Ball games. Further, the V.F.W. who have a lease on Block 37, have given their permission for said paving. Mr. saunders questioned that such a Parking lot would help the merchants in that area. Following lengthy discussion, Mr. Croft moved that the improvement of a parking lot on the north 60 feet of Block 37, be'authorized, and that funds to cover same be transferred from the Contingency Account to Streets, Al!eys and Sidewalks Account. The~otionwas seconded by Mr. Jurne¥ and upon call of rOll, Mr. Croft, Mr. Jurney and Mayor Avery voted in favor ofthe motion and Mr.~.saunders abstained from voting. C, eneral Fund $ 206,162.90 Water Operating & Maintenance Fun~ ,~ 4,89.7.71 Water ReVenue Fund 55,431.17 Special Assessment Fund . 46.20. Refundable Deposits ~und 2,998.35 Disaster Fund . . . 9~4.00 Improvement Fun~ : - i'.. .350.00 The bills were unanimo~S!Y ordered paid on motion byMr. Croft and 'seconded by Mr. Jurneyo Mrs. Dorothea Montgomery asked about money being pai~ fZom the Disaster Fund, and Fisca~ Director Weber explained .that.~974.00 is to pay for replacing the roof on the CatherineE. Strong Community Center damaged in Hurricane Cleo. Further, that the insurance recovery from Hurricane Cleo had all been deposited in the Disaster Fund, and the $974.00 was covered by !naurance recovery. Concer~ing the $10,000. amount listed in the July 12th, Bills for Approval, Fiscal Director Weber explained that amount had been deposit- ed in the First Federal Savings and Loan Association of Delray Beach, which was a cash disbursement~ and the accounting records show it as an asset. The meeting adjourned at 9~25 P.M., by order of Mayor Avery. M A Y 0 R -8- ?-26-65 218-A RESOLUTIOB NO. 2"/-65 & I~SOLUT:ION OF TI~ ¢'rTy ¢OU~C'rL OF CITY OF DL~¥ BF. AC~, FI,Oi~DA ~ VACATING AND ABA~ A POI~;ION OF AN AI,,~.~Y AS SHOed.OH A PLAT RECORDBD IN 'PLA~ BOOK 20, PAGE 46, OF"~HE PUM.,ZC RECORDS OF SA~.D PAL~ BEACH COUNTY, FLORIDA. WHBRFAS, I,. P. ~*~lUtO~ AHD Cav, PASY, IHC. 0 has made application to the City Council of the C4ty of Delray Beach, Plor£da, to vacate a port£on of an alley ,shown in Plat: ~ook 20, Page 46, ag the Public Records o£ said Palm Beach County, Plorida ~ and WHSRS~S, said p~rtion of said alley ~has never been ueed by ~ho public and ~8 unnecessa~ for any municipal puzpoaes o NOW~ ~1~1~ ~ ~T RF~OL~ BY ~ CTTY COUNCXT* ~a~ p~e~n~ ~ ~Eaqraph ~ee o~ ~ct~on seven of ~e C~ty ~er of ~e City of ~l~a~ Bea~, Florida, an alle~ referr~ ~o ~re~na~ve and ~S~ as ~e ~u~h 43 ~oet of an 8 f~ allay s~ on Plat ~of Pal~t~ S~are and Plat .~k 20, Pa~e ~, ~lic of Palm ~a~h Coun~y~ ~AYOR A~EST: City- ~'lerk ....... - 218-B ~,RoPm~i~ n~ vzou~?zoN o~ O~Dn~ANCE NO. ~ SECTZONS 1~;-3 a 15-~ 0~' T~ CZT~ CODE PROPERTY CITY 0.w~. ,R ADD~ESS DESC R~T._XO~ C QDE Phila. 39, Pa. of "~t '~ '~ S~ of 15-4 Block 27 2. Herbert · Essie 338 N. W. 5th. Ave. Nouth 25 fee~ of 15-3 Mae Davis De~ay Beach, Fla. the South 50 feet Block 27 3. A. S~on E.asaa P. 0. BoX 35 South 2% feet of 15-3 ~ay Beach, Fla. ~t 6 - S~ of Block ~. 0. S. Mansfield % ~bie ~nsfield East 8%.6 feet of 1%-3 Est. 900 Sha~on Ave. ~t 8 - S} of Block 15-~ Sha~on Hill, Pa. 27 5. ~y R. Sill 765.Valle~ Stueet West 18 fee~ of ~t 15-3 Ora~-, 'N.'~ ~. 13, all of Lot ~ 15-~ · the East 13 feet of ~t 15 ~ Seestedt ~tevens Violations 15-3 and 15-~ as concerns this .report are.as follows:: '~ - - 1. 15-3 - ~ Debris 15-~ - - Weeds and underbrush 2. 15-3 - - Building ~rash and debris 15-~ - --Weeds and underbrush 3. 15-3 - - Building trash and debris 15-4 Weeds and underbrush ~. 15-3 - - Debris 15-4 - - Weeds 5. 1155~' 'WeedsPalmfr°nds Submitted to th· City Council by the City Manager on this 26th day of July, 1965. 't9 REsoLUTION NO. 25-65. A RESOLUTION OF THE CITY cOuNCIL OF THE CITY OF DELRAY BEACH, F~,ORIDA, AUTHOR~ZINO TH~ CITY MANAGER TO PROCEED WITH TH~ OPEN- ING, GRADING AND PAVING rOF THAT PART OF DRED EIGHT A~.THRS~ TENTHS (308.3) FEET SOV~D ~OM NOrTHWeST EL~WN~H STRE~-T. WHEREAS, the City Council of the City of Delray Beach, Florida, did on the'12th day of July, 1965, by Resolution No. 22-65, determine to proceed with the opening, grading and paving of that p&rt of Northwest Third Avenue running three hundredeight and three tenths (308.3) feet Southward from Northwest Eleventh Street, to a width of twenty-four WHEREAS, the Resolution providing therefor has been duly published as required by the City Charter, together with a notice thatobjections to said improvement would be heard, and WHEREAs, no sufficie~t objeCtions'have been made to such proposed improve~ent. NOW, THEREFORe, BE IT RESOLVED by the City Council of the City of Delray'Beach, Florida, that the City Manager be and he ia hereby instructed to proceed with the opening~ grading and paving of that part of Northwest ThirdAvenue running three hundred,eight and three tenths (308..'3) feet Southward from Northwest Eieventh Street:~'toa width of twenty-four (24) feet aCaord!ng to the plans and. specifi- cations heretofore fi~edWith the C~ty Clerk, and a copy thereof filed in the office of ~he City Manager and kept open for the inspection of the public. PASSED in regular session on this the 26th day of July, 1965. ,._ ,I I,A MAY'OS ATTEST: /s/ R. D. W0RTHING ...... city RESOLUTION NO. '26-65. A RESOLUTION OF THE CITY' COUNCIL OF THE CITY OF DELRAY BEACh, FLORIDA, %~qCATING AND ABANDONING A PORTIO~N OF AN.EASEMENT AS SHOWN O/~ A PLAT RECORDED IN PLAT BOOK 27, PAGE 161, OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY, FLORIDA. WHEREAS~ SHERWOOD PARK DEVSLOPERS, INC., a Florida corporation has made application to the City Council of the City of Delray Beach, Florida, to vacate a portion of an easement shown in Plat Book 27, Page 161, of the Public Records of said Palm Be~ch County, Florida~ and WHEREAS, said portion of said easement has never been used for public utilities and is unnecessary for any municipal purposes. NOW, TI~Z__REFORE, BE IT RESOLVED BY THE CITY CO~_CIL OF THE CITY OF DELRAY BEn. CH0 FLORIDA, AS FOLLOWS: That pursuant to paragraph three of Section seven of the City .Char~er of the City of-Del=ay Beach, Florida, we hereby decla=e abandonment of th~ following portion of an easemeht referred .to..hereinabove and described as follows: The East 573 fee~t of tha~ ~Ortion of the six (6) foot utility ~.asement·[ying" on the South side of BLOCK 7, SHERWOOD .PARK which is a Replat of Blocks 7, 8, 9, 10, Sherwood Park, Delray Beach, Florida, as recorded in Plat Book 27, Page 161, Public Records of Palm Beach County, Florida. PASSED AND ADOPTED this 26th day of July, 1965. /s/ AL. C. AVERY MAYOR ATTEST: /s/ R. D.. City Clerk 27-65. AN ORDZAV&NCE OF THE CITY COUNCIL OF ~ CI~ OF ~Y B~,' FLORa, A~"-~ ~ C~ OF DEL~Y ~ ~IN ~ '~T~ ~ BB~XON 29, CO~IG~US ~ .BXlS~ M~CIPAL L~TS. OF IN~E ~ID ~ PRO~DI~ FOR O~I~TIONS OF ~D ~ A~ PRO~ F~ ~S, J~S J. RZ~SON and ~B J. ~S~, ~., are ~e f~ simple o~ers of ~e 'property hereinaf~r de- served, a~ ~S, J~S J. RX~~ and JA~S ~., by ~e~r petit~on, have consented and g~ven pe~ssion for ~e a~at~on of said pNo~rty by ~e City of ~ay ~mch, and ~S, ~e City of ~lray ~ach has here~fore been au~orized to a~.lands ~n accordance ~ Section 185.1 of City ~ar~er of sa~d C~ty ~anted to it by the Sta~e of Florida; ~ ~ OF D~y B~, F~R~, AS FOL~S~ ~aah, Palm ~ach .~tY~ F10rtda, 'he~eby'a~exes to,..~a~d City ~aorl~a, deucrt~d'as foll6wS, ~e West 129.S feet of ~e ~rth~st.-Ouarter.~_, :,. OUarte~,"a~ ~at'~Pa~'of ~e soU~s%~'~r%er 0~= ~e Nor~st ~a~ter of ~e Norther ~ar- ~eZ 'lying N~r~ of ~nto~ ~omd, ~11 of..~ ..... ~. Pier,da. .,... ~. ~.: ~l~ri~, are .hereby' redefined.. SO ~S= elated ~ Be w~n .~e ~rPora~e, limits of ~ ~a~ ~e tracts of' l~d h~e~na~ve -described aFe~ hereby, de~i~_~ '~ ~n~: z=nAng..D~s~c~ Ch2, a~-'define~/:b~: ex- ..-i ;:.:~ . .; ~ ,. ~ - :. - · - ~_ Page 2. ORDII~NCE NO. 27-65. SECTION...4, That-the lands hereinabove described shall immediately become subject to all o£ the franchises, privileges, immunities, debts, obligat'ions, liabilities, ordinan~es and laws to whtoh lands in-the City of Delrmy Beach are now or may be, and .persona residing thereon shall be deemed citizens of the City of Delray Be'e~h, S~-C~ION...$~ That if any wo~d, phrase, alause,- sentence or part of this ordinance shall be declared illegal by a court of competent juriSdi~tion, .suah 'reoord of il'legality shall in no way af£eUt the 'remaining.p~rtiOno PASSED in regular session on the second and final read- ing on this the 13th day of September, 1965. ATTEST.- .. /s/ ~. D. WORTHI~e City Clerk Second Reading ~OPtembe? 13, 1965 ·