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10-22-62 279 OCTOBER 22, 1962. ear!Y they ~ time. ~a~. ~' amended' ~o ~ care o~ ~il ':~bl~. and Ordinate Be placed on ~e a~ aqua. ~e ~. Ave~M an~ ~lved ~ ~and ~la~' ~ is in ~ to ~ere ~s' ' a moUalM 3. The Mayor' a~ked· the problem Fe Yol~ng~lOO~r at r and the this item 4;~ Republican Lions Club }ir, John DaVis, ~ree. & delegation. Seagrape Garden Club Mrs.. Jam?~ 'B owen Women's Club MrS, 'L. ~' Buel 10-22-62 Oct~be~ 22, 1962 Planning/Zoning Board Col., A. ,L. Fabens Bre~2y Ridge Estates Mr. joh~ Sword new 1962. - : by the Superintendent ~om the , ~: in matteFs o~ englfleeF.in~, "2. Water_Department (This department shall be headed by the Water Superin- tendent under the same'cOnditions as the parks department.) 3. streetst Alleys % Sid~walks 4. ~r.a'ff~c Cgntrol 5. Street Cleani~ 6. S~r~st Liahtin_q 7. 8ewer~ s. ~rb~q~ coxiec~on 10. Waste ~iSposal. 11. M0sc~li~0' Control 12. Lot Clearinq 1~...Cent~a~ Gara~ 14. C~ty ~all 16. Cemeterv "Please advise if any of the above does not agree with your understanding of the prO~osed setup." It was noted that with the reorganization of the Public Works Department, the City Engineer.would have time to engineer the new water Well, thus saving the city $1,500.00 in engineering fees for same. It was further noted that the City Engineer would have time to give to the $3,000,000.00 Sanitary Sewer Project that is coming up. 6.b. A letter of resignation as a member of the Inter-Racial Com~te¢~ from Miriam Cohen dated OctOber 9, 1962, was read, and the Council accepted said resignation with regret. The following letter from the Inter-Racial Committee, by C. Spencer Pompey, Chairman, dated October 10, 1962, was read.~ "we respectfully request you contact the Delrey Beaah MiniSterS! Association, asking a member of that group to serve on the Racial Committee, to fi1! out the unex~.ired term of Mrs. Mir~am'' B. Cohen who has resigned." Following discussion, Mr. Avery moved that the Ministerial Associ- ation be contacted as~ requested' by the Inter-Racial COn~Uittee, the motion being seconded byMr. Talbot and unanimously, carried. Mr. Avery then moved that Mr. Tom Kincaid be made a member of the I~ter-Racial Committee, the motion being seconded by Mr. Warren. U~ call of ro11, Mr. Avery, Mr. Talbot, Mr. Warren and Mr. woodard vo~%d'in favor' of t~e motion end,myer Dietz abstained from vo~ing. 6.o. Concerning the proposed sale of kitchen equSpmen~ at the Com~ munity Ce~ter;'a letter wasa'read from the City Senior Cit~zen's steering ~ittee, :~king"t~a~ ~h~, kitchen equipment be retained. not oniy ~:.th~ru~e, buti'~o~ ~nycity emergency.' Mr, ~oodard' mO~edthat'~is item b~ tabled. The motion~as ~econded by 'l~. Avery and ca~ried.unanimous~y. 6.d. Concernin~ne~d~d~a~ge.'~ ~9,i~era~ction o£ investigation it was found that the County doss not own '~' volved but it il a secondary s.~a.te road. That there'are n=J%~a~---- and suggested that the city wait until Dr. Reborn ~omD. le~ea his ing and then tFy to abate the nuisance in some simple form unti! the .- state can rebuild the road, at which time they would install curbs, sidewalks, gutters and drainage at the same time. -3- 10-22-62 Octobe~ 22, 1962 October 8~ the N. E. 8th'l be was Lengthy disCUssion concerning proper"'i'~enttfication to be placed on parking meters.. Mr.'/Wo0dard a sample d~aI, ' 1 h~ur ~fre~ 'P/~g' "(~f ~reZ ~e ~cil so ~at ~eY may in turn 'Pr~':~i~ tO[~ ~e f i~ ia a~ aXX ~oa~tble ~i~ be headed wX~ ~':~r~' fur~ez ~scues~on, ~e C~ty Manager r~'d.:~t the feels ~at his depar~ent can produce ~e' co~tesy and ~at ~ere will be r~m on ~e parking meter~ post for same, will be presented to ~e Council ~or ~eir .'alternative' decais or e~ems call of r0il, ~e mot[on park- of Nor~ ~inton Avenue ~d 4~ and 8th S~eets ~a. ff!c l~gh~..~ plac~ at North --wag .euona~-~y ~, wo0,da=d..a~.': ~ and N. E. 2nd Avenue could be turned after midnight,,, an~ .~he~er it ~uld or n~ght. ~ :apar~en~s, s amc, and ,y charge for ~ter main, eX~ion be,~ade ~tob.e= 11th. Lions rear of our lot..on th~" i us. aqd a~S ~ ~e lot ,eh a is held "Pie,~se ad~se us of yo~ ac~io, o~'this ~matter at ~ur earli- est conventenoe." ~ 10-22-62 October 22, 1962 Mr. Talbot moved that the City Manager be instructed to find out the amount of money that would be involved in this project and re- port back to the Council, and a decision be made at that time. The motion was seconded by Mr. Avery and carried unanimously. 7.b. It was reported that a letter from the Delray Beach Primitive Baptist Church was received requesting elimination of the 1962 real estate tax on property recently purchased adjoining their church building, and that it is recommended that this. land, being used for church purposes, be exempt from taxation, it being so moved by Mr. woodard, The motion was seconded by Mr. Avery and carried unani- mously. 7.c..The~ ~ollowing letter addressed to All Cities and Towns from the Tri-County Governmental League, and signed by it's President Zell H. ~ltman, was read. "SUBJECT: Resolution O~.posing Apportionment Measure at November 6, 1962, Election. "Attached hereto please find resolution pertaining to portionment legislation which will be placed on November 6th ballot. "It is of the utmost importance that this resolution be read and adopted at your next regular meeting. As you know, the Pederal Court has retained jurisdiction of this matter, and if the people of the State reject the proposal at the polls, the Court will either give the Le~islature the opportunity to bring back a better plan or it will submit a plan of its own. In either event, the result will be better for the heavily populated areas of the state. ,It is important to remember, in addition to everything else, that the new proposal is worse than existing conditions of all other states who are now in the' courts attempting to better themselves. At last we are in a position where we not have to accep~ crumbs from the Pork Chop Gang. If we all wall stand together, we w~11 succeed~. ~..~" Mr. WoOdard stated that he personally felt At was improper for a municipality to attempt to indicate to the residen,~ i~..a community how they should vote on any issue concerning their representation in the state. ~urther, that he does not favor the current proposal where 27% of the population of the state would control .the House of Representatives and 13% of the population would control the Senate, however, rather than the Council taking any action on ~same, that it would, be indicated that perhaps an organization such as the League of Women Vu.~e~s may uare to hold a forum in regard to .this, to in- form the P°~u~&t~on so that they may make up their own minds and make the decisi~. Mr. Woodard then moved that no action be taken on said proposed resolution. The motion was seconded bylMr. Warren and'Carried unani- mously. 8.a. The City Clerk read RESOLUTION NO. 1420. A RESOLUTIO~ 0F. THE~ CITY COUNCIL O~ THE CITY OF D~-LRAY BEACH, ~O~DA, DISCONTINUING AN ~AS~T OVeR TH~ W~ l0 F~ OF LO~S 1, 2 AND 3, BLOCK A, P~.NER~DG~-HEIGHTS, A SUBDIVI- SION IN THE CITY OF DSLRA¥ BEACH. '-5- October 22, 1962 WHEREAS, SAMUEL J. SCOBEE and NADINE M. SCOBEE, his wife, have mad~ application to the City Council of the City of Delray Beach, Florida, to vacate an easeme~ over the following described property, to wit: The West 10 feet of Lots i 2 and 3, in Block "A" PINERID~E HEIGHTS, a su~division in the City of D~lray Beach, FlOrida, according to.the plat-of said subdiviei0n on file in 'the of.fice of the Clerk of the C~r~ui~t'~court in~and for Palm .Beach County, Florida, recorded An Plat BoOk 13 at page 80, and WHEREAs, SAMUEL J. SCOBEE and N~DINE M. SCOBEE, his wife, have heretofore granted the City of Delray Beach a utility easement over the WSst 10 feet of the East 1/2 of Lot 5, Block A, Pineridge Heights. a ~ubdivision of the City of Delray Beach., Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: That pursuant to paragraph thre$ of Section seven of the City Charter of .the City of Delray Bea~'~ ~da, ~e hereby declare the following easement to be dtsco~d',a~d Thee West 10 feet of Lo~s ~, 2 ~ 3 in.~o~k "A", PI~F..RIDGE~ HEIGHTS, a S~v~~he'~., of Delray Beach~ F~orj~ha, ~~.~lme ~lal~ ,~F ~ subdivision on £.~ ,~'~e~f~e PASSED AND' ADOPTED th~s ~$d ~a~ ~ ~er, ~esolution No. 1420 was ~imously passed a~d adopted on motion by Mr. Ave~ and seeonde~ bM~ ~arr~n. 8.b. The City Clerk read 'RESOL~ON ,NO. :1421. A RESOLUT~LON OF~ .~$$~ ~OUN=IL OF' THE C~TY .OF ~RADING-AND PA~I.~ .~F-.~AT PART OF SOU~IWEST FIFTH ST~EETSj..j.. ??: _ . a~ached-to and made a part of ) - : .... ' .... See Pages ~2 A & 2~ B -' ~1~' ~S ~.~T ~Ss~ 'an~ adopted on ~tton AN ODI~CE OF ~E CI~ C~NCIL OF ~E CI~ OF ~Y B~ C~TAIN ~S-~ED IN S~T~ON 28, TO, SHIP 46 S~, ~NGE 43 ~ST, ~I~ ~S A~ CO~IGUOUS TO EXI~I~ ~ICIPAL LI~TS OF ~ID CITY~ ~DE~INING ~ BO~AR~S 'OF' SA~D ~TY TO' INCL~E SAID ~S~ pRO~DING FOR ~ ~HTS .~ OBLI~TIONS OF ~ID ~S~ ~..~RO~D~NG. F~..~ ZONt~:'T~OF. (Outrigger, Inc. ) (C~y of Ordin~ce.No..~3'.; ts.,~tta~h'ed to ~d ma~e a part o~ the off ia[al cO~Y,:~';~e~e' minutes.') .' See Pages-~'C, l~ D a ~O~ E ~ere being no objections to:ordinance No. G-463, said Ordinance was unanimously passed on se~nd and final reading on motion by ~. Woodazd and seconded by ~. Talbot. -6- 10-22-62 October 22, 1962 8.d. The City Clerk read' ORDINANCE NO. G-464. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LANDS LOCATED IN SECTION 29, TOWNSHIP 46 SOUTH, EANGE 43 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTIN~ MIY~ICIPAL LIMITS OF1 S~ID CITY~ REDEFINING THE BOUNDARI.ES OF SAID CITY TO IN- CLUDE SAID' LANDS: PROVIDING 'FOR THE RIGHTS AND OBLI- gATIONS OF SAID .LANDS: AND PROVIDIN~ FOR,THE ZONING THEREOF. (City Trash Dump) - (Copy of Ordinance No. ~-464 is attached to and made a part of the official copy-of these minutes';) see' Pages There being no objections to Ordinance No~ ~464',' Sa~d Ordinance was unanimously passed on seCOnd and final reading on motion by Mr. Talbot a~d Seconded by Mr. Warren. 8.e. City Clerk W~rthing read ORDINANCE NO. G-465.' AN ORDINANCE OF THE CITY COUNCIL OF ~ CITY. OF , DELRAY BEACH, FLORIDA, ANNEXING TO THE CI'~.: OF DELEAY BEACH CERTAIN LANDS LOCATED IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPSJ~ LIMITS OF SAID CITY! -REDEFINING THE BOUNDARIES OF SAID C~TY TO IN~UDE SAID .LANDS; PROVIDING FOR THE .RIGHTS AND OBLIGATIONS OF SAID LANDS. (City' property) (Copy of Ordinance No; G-465 is attached to and ma~e a part of the offi~cial ~opy'of these minutes.) See Pages 2§~ H ~.2§~, J There being no objections to Ordinance No. G-465, Said Ordinance was unanimously passed on seCOnd and fins'1 reading on:mOtion bY ~r. Woodard and seconded by Mr. Avery. 8.f. City Clerk Worthing read' ORDINANCE NO. G-466. AN ORDINANCE OF THE' CITY COUNCIL OF THE CITY OF~- DELRAY ~ACH, FLORIDA,. AIF~;EXING TO THE"~'ITY:6F DELRAy BEACH,CERTAIN LANDS' LOCATED IN SECTION 20, TOWNSH/P · 46 SOUTH, RANGE 43 EAST, WHICH LANDS ARE' .CONTIGUOUS TO EX~'~TING MUNICIPAL LIMITS OF SAID CITY~ REDEFINiNG'~' THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LA~~' PROVIDING FOR THE RIC~HTS AND OBLIGATIONS OF SAID-L~NDS; AND PROVIDING FOR THE ZONING THEREOF. (Grace Baptist ChUrch) (Copy of Ordinance No, G-466 is attached to and made a part'of the official COpy of these minutes,)' See Pages 288 K & 288 L There being no objections to Ordinance No. ~-466, said Ordinance was unanimously passed on second and final reading on motion by Mr. Woodard and seconded bY Mr. Avery. 8.g. The City Clark read ORDINANCE NO. G-467. AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY CERTAIN LANDS LOCATED IN SECTION .1'8, TOWNSHIP 46SOUTH, RANGE 43' EAST,' WHICH LANDS ARE 'CONTIGUOUS TO EXISTING' MUNIci- PAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF' SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR T~ RIGHTS AND OBLIGATIONS OF SAID LANDS! AND PROVIDING FOR THE ZONING THEREOF. (? ',Industrial properties-) Ordinance No. G-467 was unanimousI'~~ ~laced on first reading on motion by Mr. Woodard and seconded hy~- Mr. AVery. Octobe~ 22, 1962 9.a. ConCerning delayed imp~ovement ,of ~,ertain sidewalk ~nstruetion, ~e fOlloWi~g re~rt fr~ C~ty ~ager ~ll~d ~ ~e ~-ty ~cil, dat~ ~tober 19, 1962, -~e ~ead.~ "Resolution ~, 134~. Pa~s~ Au~s~.28, 1961 and. a~ by S, W. 1st s~ee~ ~ 3~d ~o 4~ Avenues and Avenue f~ ls~ 't~ ~ S~S. .~nfo~tion ~at, at ~e ~ ~..~ passage of '~is resolution. ~ere was no a~e ~y~ ~ '~e ~ecia~ Assessor ~ ~d afar ~. ~tzes l~ft ~e ~ci~y's "Xnclud~ in ~e fil® w~ ~e ~ve m~rand~ dated May 1, 1962 from Manager, listing ~re-e pro~s~ '~9~ namely: "X fo~d ~at ~ewe~9~ ~e held u~. ~ng to ~e fact ~at A2~=n~y. X. ~. ':~ ~ ~. W. 7~ Argue, had agreed ~. 8e~re ~e _ne~s~M~..r~s of ~y ~r ~ese impro~nts. ~ese rAqh~s of-~y ~re never provided by At~rney Smi~. H~Vg~ '~ ~:~Ue sin~. ~en secured ~e nec. ees~ry ~s of ~Y ~0r 'al~ ~ree pro~ec~s, Wi~ ~e ~ .~b~n and:-~s. ~ggie ~11e, whA~ are needed Street. .We hope. ~ hav~. signed/. ~D~Z.~ ~..M.¥ .~tnv~e~-lga~t~a ~ ~his matter shoWa tha~ ~~9~.~ g~ ~o!~ow up, b~ds ~e .con- n ~e-~,e of my ~ves~ ., ~ found 74 projects ~ich ~re ~ be done, none ~re gi~n priority by ~ City ~~,, ~A~ a r~LZ, works Depar~ent had ~en ~. Avery ~ved ~at ~e ~i~y ~nager's report be accapked ~d approved, ~e ~tion ~-~g.:';~S~t~d-~y,~.: ~ud. ~n call of roll, ~r. Avery, ~. Ta~b~, ,~, ~arren ~d ~. Woodard voted in tavor of ~e motton..~d ~t'~ abstain~ from voting. ' 9.g,. ~e ~e Dir!~.~r of ~ltc ~rks to City ~ber 17~, 196~, ~s presented to "In a=~rd~ce wi~ ~e reu~endation ot ~e ~eautifi~ation Co~ittee,~. ~s approved by ~_ ~e following esti~te is presen~ for ~e s~Jec,t. 10-22-62 287 Octobe~ 22, 1962 "Benches on beach: Replace 7 ~ $20 $ 140 Repair 8 ~ 10 80 Trash receptacles: RePlace 12 ~ $115 , 1,380 Install north awning at main pavilion 150 Repair hole in roof canvas on north shelter 25 Minor repairs to steps 225 Total - $2,000 .... Mr. Talbot moved that the City Manager be instructed to proceed as per the memorandum, with the exception of installing the north awning at the main pavilion at this time, for a total sum of $1,850. Mr. Avery seconded the motion after being assured that there was money available from the proper funds for this'project. It was re- ported that said money would come from the Beach Maintenance Fund. Mayor Dietz objected to the cost of $115.00 per trash receptacle, and also stated that, after personal inspection, he saw no need for considering a new awning at this time. It was noted that this memorandum was submitted as a result of a request from the Council upon recommendation of the Beautification Committee. Upon call of ro11, Mr. Avery, Mr. Talbot, Mr. Warren and Mr. Woodard voted in favor of the motion and Mayor Dietz was opposed. Mr. Mike Kovacs, 2111 N. E. 3rd Avenue asked if these trash receptacles would be obtained on the open market. Mr. Fleming explained that the type receptacle~ that is proposed is furnished by the Adtainer Company and explained the type of' con- struction and size of same, and further explained the p. repa=ation for use.et the beach of the other type 'receptacle and cost of same. 10. A request from the Cities Service Oil Company 'was presented, asking permission for the OPeration of a car rental business in a C-1 Zone at 2 S. E. 6th Avenue in conjunction with a~ automobile service station. It was noted that other car rental businesses are permitted in C-1 Zoned area on Atlantic Avenue and it was recommended that Cities Service Oil Company be granted.permisSive use to-extend car rental operation in the small building on the South side of said property, it being so moved, by Mr. W$odard, The motion was seconded by Mr. Talbot and carried 'unanimously. 10. The City Clerk presented a survey report of alleged ~Nuisances existing in violation of Chapter 15 of the City's COde'of Ordinances that had been furnished by the Fire Department. It was moved by Mr. Avery, seconded by Mr. Talbot, and unani- mously carried to direct the City Clerk to comply with Ordinance No. G-.388 as applicable to this Nuisance Survey Report. (Copy c'f Nuisance Survey report is attached to and made a part of the official copy of these minutes.) See Page 2~ M la.a. The City Clerk presented bills for aPProval 'as follows: ~eAlerel l~md $ 59. 209.30 water Fund - Operating-Fund 2,638.16 The bills were unanimous1y ordered paid on' moti6n by M~. Warren and seconded by Mr. Talbot. The meeting adjourned at 9:25 P.M. on motion by Mr. Warren. City Clerk APPROVED: aA¥OR ~ .' -9- I0'.~'22-62 ~88 RESOLUTION NO, 1421. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ORDERING THE OPENING, GRADING AND PAVING OF THAT PART OF SOUTHWEST FIFTH AVSNUE LYING TWEF~N SOUTHWEST SIXTH AND SEVENTH STREETS. WHERF2%S, the City Council of the City of Delray Beach, Florida, did, on the 8th day of October, 1962, adopt Resolution No. 1417, ordering the City Manager to prel~are plans and speci- fications, together with estimate of cost of opening, grading and paving of that.part of Southwest Fifth Avenue lying between Southwest Sixth and Seventh Streets to .a width of twenty-four (24) feet, and requiring said plans, spaciflcations and estimate 'of cOSt of such improvement to be placed on file in the office of the City Manager, and WHEREAS, the City Council deems it to be necessary for the safety and convenience of the public to open, grade and Pave said street, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, that it is determined to make the following described improvement, to-wit: To open, grade and pave that part of Southwest Fifth Avenue lying between Southwest Sixth and' seventh Streets to a width of twenty-four (24) feet, the total cost, as estimated, for such improvement being $3,600.00. BE IT FURTHER RESOLVED that the entire cost of such improvement shall be shared by the City of Delray Beach, Florida, and the following described properties in Delray Beach, Palm Beach County, Florida, on a basis of the City of Del=ay Beach paying ten (10) per cent of the cost of said improvement and the abutting property owners, said properties shown below, paying ninety (90) per cent of. said ~otal =os=, by special ASSessment. Rosemont Park i 1 thru 6. " " 1 7 & 8. " 1 9&10. .... I 11 & 12. Rosemont Park 3 13 &'14. " " 3 15 thru 18. " " 3 19 thru 24. said benefits to be determined and prorated according to the front footage of the respective properties as set forth mediately above. BE IT FURTHER RESOLVED that said special assessments against all the parcels of land as set forth above which are specially benefited, shall be and remain liens superior in dignity tO all other liens,, except liens for taxes, until paid, Page 2. Resolution No. 1421. 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 instaIlments with accrued'interest on all deferred payments. Payment shall be made'at-the same place that taxes payable to the City of Delray Beach, Florida, are paid, namely the office of the City Tax Collector, and upon failure Of any property owner to pay the annual installment due, or any annual interest upon deferred payments, the City of Delray Beach may bring necessary legal proceedings by a Bill in Chancery. to enforce payment thereof with all accrued interest, together'with all legal costs incurred, ~ncluding a reasonable attorney's fee. 'The total amount'of any lien may be paid in full at any time with interest from the date of assessment. IT IS ORDERED that the City Counc£1 shall sit at the City Hall in the City of Delray Beach, Florida, at 8:00 P,M., on the 12th of November, 1962, for the purpose of hear- ing Objections, if any, on said proposed improvement, as set forth above. PASSED AND ADOPTED by the City Council of the City of Delray Beach, Florida, on this the 22nd day Of October, 1962. /s/ Walte~ Dietz MAYOR ATTEST: /s/ R. D. '~o~thing City Clerk ORDINANCE NO. G-463. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, F~ORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LANDS LOCATED IN SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING ~UNICIPAL LIMITS OF SAID CITY: REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID ~a_NDS: PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS: AND PROVIDING FOR THE ZONING THEP, EOF. WHEREAS, Outrigger, Inc. is the fee simple owner.of the property hereinafter described exoept for that portion consisting of the right-of-way for State Road No. 140 (AIA), and WHEREAS, the said Outrigger, Inc., by it's Petition, has consented and given permission for the annexation of said property by the City of Delray Beach, and %~HEREAS, 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 FOLhOWS: SECTION 1. That the City Council of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described tracts of land located in Palm Beach County, Florida, which lie contiguous to said City, to-wit: Those tracts of land in Section 28, Township 46 South, Range 43 East, Palm Beach County, Florida, described as follows: A. That part of the following property in Palm Beach County, Florida lying west of the center line of State Road No. 140 (otherwise known as Highway AIA): A part of Section 23, Township 46 South, Range 43 East, being all that part of the North 200' feet of the South 1800 feet (measured at right angles to the east and west ~/arter section line.through said section) of that part of said sectionwhich lies north of the east and west quarter section line through said section and lies east of the easterly right-of-way line of the IntracoaStal Waterway (Florida East Coast Canal) TOGETHER WITH all riparian rights and littoral rights thereunto belonging, or in anywise appertaining, and SUBJECT toa right-of-way 100 feet throughout, running northerly and southerly through said tract, as heretofore conveyed to the state of Florida for State Road No. 140, and SUBJECT to reservations of record. The said east and west quarter section line through said SectlQn 28 is as established by agreement between Bessemer PrOperties, Incorporated and Bassett W. Mitchell and ~/aryStarr Mitchell, his wife, dated November 20, 1941, recorded in Deed Book 642, page 474, of the Palm Beach County, Florida, public records. ~gg~ D Page 2. Ordinance No. Ga463. B. Commencing at a point in the west right-of-way line of State Road No. 140 (A~A) where said line intersects the Southerly boundary of Section 21, Township 46 South, Range 43 East; thence Easterly a distance of 100 feet to a point in the East right- of-way line of State Road No. 140 (A/A); thence SoUtherly along said East right-of-way line to the Southwest corner'of Lot 21, Government Lot 5, Byrd Beach, per Plat Book 20, page 1, Public Records of Palm Beach county, Florida, being a distance of 4970 feet; thence Westerly a distance of 100 feet to a point in the West right-of-way line of said State Road No. 140 (AIA); thence Northerly along the Westerly right-of-way line of said State Road No. 140 (AIA) a distance of 4970 feet to the point of beginning. ~ECTION 2. That the boundaries of the City of Delray Beach, Florida,~ are hereby redefined so as to include therein the above described tracts and parcels of land, and said lands are here- by declared to be within the corporate limits of the City of Delray Beach, Florida. ~C~ION 3. That the tract of land hereinabove first de- scribed is hereby declared to be in Zoning District "R-3", as de- fined by existing ordinances of the City of Delray Beach, Florida. ~ECTION 4. In consideration of Petitioner's consent to annexation of the firsttract of land herein above described, and since municipal services will not accrue to said land until such time as development is undertaken-and completed, said land shall be liable for municipal ad-~at0rem taxes, as follows: A. It is contemplated that improvements will be commenced on said land in the immediate future; however, should some unforseen circumstance cause a delay in the commencement of const=uction, the first hereinabove described land shall be taxed in the amount of $250.00 per year for a period not to exceed the next 'two taXable years, following which, said lands shall be subject to normal taxation. B. It being further contemplated that the improvements to be placed on the herein described tract of land will be completed during the early part of.1963, but since municipal benefits will not accrue until such time as the development is completed, assuming that construction is commenced during the year 1962, the 1963 ad-valoremtaxes on said~parcel of land shall be $1,000..00, and thereafter the property shall be- come s~bJect to normal taxation commencing January 1, 1964. SECT~.ON 5. That the lands hereinabove described shall immediately becOme subject to all of the franchises, privileges, immunities, debts (except the existing bonded indebtedness), ob- ligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be, except as otherwise pro- vided and set forth in-Section 4 above, and persons residing thereon shall be deemed citizens of the City of Delray Beach. Page 3. Ordinance No. G-463. SECTION 6. That if any word, phrase, 61ause, sentence or part of this ordinance shall be declared illegal by a court of com- petent jurisdiction, such record of illegality shall in no way affect the remaining portion. Passed in regular session on the second and final read- ing on the 22nd day of 0otobeP, A. D., 1962. /s/ Walter Dietz 'MAYOR ATTEST: /s/ R. D. Wo~thing CitY cler~ 1st reading October 8~ 1962 2nd reading October 22, 1962 ORDINANCE NO. G-464. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LANDS LOCATED IN S~CTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY~ REDEFINING THE BOUNDARIES OF SAID CItY TO INCLUDE SAID ~ANDS; ~ROVIDING, FOR THE 'ii RIGHTS AND OBLIGATIONS OF SAID ~ANDS; AND PROVIDING FOR THE ZONING THEREOF. WHEREAS, the City of Delray Beach, A MUnicipal Corporation of the-State of Florida, is the fee simple owner of the property hereinafter described, 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 DE~RAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the City Council of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described tracts of land located in Palm BeaCh County, Florida, which lie contiguous to said City, to-wit: Those tracts of land in Section 29, TOwnship 46 South, Range 43 E~st, Palm Beach County, Florida, described as follows: Lot 14 less North 7 feet thereof,"Block 3; Lots 15 to 27 inclusive, Block 3; Lots 15 to 28 inclusive, Block 7; hots 1 to 26 in- clusive, Block 8; Lots I to 24 inclusive, Block 9, WEST EL BE, a subdivision of a portion of Section 29, Township 46 South, Range 43 East, according to a plat of said subdivision on file in Plat Book 15, at page 22, Palm Beach County Public Records; contain- ing ten acres, more or less. SECTION 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein the above described tracts and parcels of land, and said lands are hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION .3,. That thetracts of land hereinabove de- scribed are hereby declared to be in Zoning Oistrict'O-~, as de- fined by existing ordinances of the City of Delray, Beach, Florida. Page 2. Ordinance No. G-464. SSCT~oN.4~. That the lands hereinabove described shall immediately become subject to all 'of the franchises, privileges, i~maunities, debts; obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be, and persons.residing ~hereon 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 remaining portion. Passed in regular session on the second and final reading the 22nd da~ of October, A. D., 1962. /s/ Walter Dietz MAYOR ATTEST: /s%.~R.~ D. Worthin~ City Cler~ 1st Reading Ocbobem 8, 1962 2nd Reading ., .~c,,tebe~ 22,,. , 1962 ORDINANCE NO. G-465. AN ORDINANCE OF '~HE CITY COUNCIL OF THE CITY OF DELRAY BEACH, Fr.ORIDA, ANNEXING TO THE CITY OP DELRAY BEACH CERTAIN LANDS I~DCATED IN SE~ION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID I2%NDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS. WHEREAS, the City of Delray Beach, A Municipal Corporation of the State of Florida, is the fee simple owner of the property hereinafter described, 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 DEL4~AY BEACH, FLORIDA, AS FOLLOWS: SECTION 1~. That the City Council of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described tracts of land. located in Palm Beach County, Florida, which lie contiguous to said City, tO-Wit: Those tracts of land in Section 8, Township 46 South, Range 43 East, Palm Beach County, Florida, described as follows: That portion of the SE% of the SW% of the SW% of Section 8, Township 49 South, Range 43 East, which lies SouthOf the South right-of-way line of Lake Ida Road, less the East 187 feet thereof. Containing 5.0 acres, more or less. The South right-of-way line of Lake Ida Road as it crosses said SE% of SW~ of SW% is de- scribed as follows: From a point on the West line of said SE% of SW% Of SW% located 554.32 feet Northerly from the SW corner thereof, run S. 68°-10'-45" E., for 62.40 feet; thence run S. 64°-47'-51" E. for 96.81 feet to the beginning of a curve concave to the North and having a radius of 1544.76 feet; thence run in a Southeasterly direction along the arc of said curve for 553.87 feet to a point on the East line of said SE% of SW% of SW%, said point being 341.07 feet Northerly from the SE corner thereof. S~C~ON 2. That the boundaries of the City. of Delray Beach, Florida, are hereby redefined so as to include therein the above described tracts and parcels of land, and said lands are hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Page 2. Ordinance No. G-465. SECTION. 3~ That the lands here£nabove described shall immediately become'subject to all of the franchises, privileges, immu~ities, debts, obligations, liab~lities, 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 4, That if any word, phrase, clause, sentence or part of this ordinance shall be deulared illegal by a court of competent jurisdiction, such record of illegality shall in no way affect the remaining portion. Passed in regular sessiOn on the second and final reading the 22nd day of October, A.D., 1962. /s/ Walter Dietz MAYOR ATTEST: /s/ R~D. Wo~thing City Clerk · 1st Reading 0ctobe~18, 1962 October 22, 1962 2nd Reading, ORDINANCE NO. G-466. AN ORDINANCE OF THE CITY COUNCIL OF 'I%LE CITY OF DELRAYBEACH, FLORIDA, ANNEXING TO THE CITY~ OF DELRAY BEACH CERTAIN' LANDS LOCATED IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF"SAID LANDS; AND PROVIDING FOR THE ZONING THEREOF. WHEREAS, GEACE BAPTIST CHURCH OF DELRAY BEACH, FLORIDA, is the fee simple owner of the property hereinafter described, and, WHEREAS, the said G~ACE BAPTIST CHURCH OF DELRAY BEACH, FLORIDA, by it's 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 authorized to annex lands in accordance with Section 185.1 of the City Charter of said City granted to it by the State of Florida; NOW, THEREFORE, BE IT ORDAINED,BY THE CITy COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the City Council of the City of Delray Beach, Palm Beach COunty, Florida, hereby annexes to said City the following described tracts of land located in Palm Beach County, Florida, which lie contiguous to said City, to-wit: Those tracts of land in Section 20, Township 46 South, Range 43 East, Palm Beach County, Florida, described as follows: ~he E% of the S½; and the W~ of the E% of the N½ of Lot 29 in Section 20, Township 46 South, Range 43 East, according to Plat Book 1, Page 4, Public Records of Palm Beach County, Florida. SECTION 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein the above described tracts and parcels of land, and said lands are hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. That the tracts of land hereinabove described are hereby declared to be in Zoning District R-~A, 'as defined by existing ordinances of the City of Delray Beach, Florida. Page 2. Ordinance No. G-466. SECTION 4i That the lands hereinabove described shall immediatelybecome subject to allof the franchises, privileges, immunities, debts, ob!~gations, liabilities, Ordinances and laWS. rt0 which landsin the City of.'Delray Beach are now or may be, except aa otherwise provided in chapter 192,~06..of the Florida S~aSu~es, 1961, and persons residing thereonshall be deemed =ltizens of 'the City of Delray Beach. SECTION 5. T~at if.any word~, phrase, clause, sentence or part of this ordinance shall be declared iilegal by a court of competent Jurisdiction, such record of illegality shall in no way affect the remaining portion. Passed in regular session on the secondand final reading on the 22nd dsy of October, A. D., 1962. /s/ Walter Di~tz MAYOR ATTEST: /s/ R. D. Worthing City clerk .... 1st Reading , 0c, tob'e,~, 8:1962 , PROPERTIES IN FIOLATION OF ORDINANCE NO. G-147 AND SECTIONS 15-3 & 15-4 OF THE CITY CODE. o~ ~D~SS P~OP~R~t, D~C~,~P?~O~, COp~ Paul .N. & 714 N. W. 2nd Avenue S 100' of W 154.65' ~ristine ~drtdge . ~lray Bea~, Florida of E% of ~% of ~t 9, less W 25~ R~, Section 8-46-43. 4 Addie F. ~dridge 232 McDowell Road N 90' of S 190~ of L~ington, ~tucky W 154.65. of E% of ~ of.~t 9, less W 25' ~, Section 8-46-43. 4 Jack Lee & Edna Lee 302 S. W. 1st Argue N 95' o~ S 190' of Saunders Delray 'Beach, Florida W% of ~ of ~t 9, less W 167.46' & less S 25~ Section ~46-43 4 ~. M. a P.O. ~x 2085 S 95' of ~ of ~% Betty R. Hunt Delray Bea~,. Florida of ~t 9,' less W 167.46' ~ less E 25' ~, Section 8-46-43. 4 Walter H. & 14 S. E. 1st S~eet W 167.46' of W% of Gloria G. Allen ~lray Bea~, Florida ~% of ~t 9, less N 225~ & less W Section 8-46-43. 4 George D. ~rnell Cen~al Valley, N. Y, vacant overgro~ part of ~ of ~t 9, 'leSa E 25~and S 25t ~ Section 8-46-43. '3~ * dead trees Submitted to the City Council by the City Manager, this 22nd day of October, 1962.