02-13-61 FEBRUARY 13, 1961
A regular meeting of the City Council of Delray Beach was held
in the Council Chambers at 8:00 p.m., with Mayor George V. Warren in
the Chair, City Manager George Mingle, City Attorney Richard F.
Zimmerman and Councilmen A1 C. Avery, Dugal GJ Campbell, Glenn B.
Sundy and John A. Thayer being present.
The opening prayer was delivered by the Rev. Paul Smith.
On motion by Mr. Campbell and seconded by Mr. Thayer the minutes
of February 6, 1961 meeting were unanimously approved.
Mrs. Julia Schrader, a property owner on N.E. 7th Avenue,
objected to the unsightly condition of a clothes line, serving eight
apartments, being installed on the cooperative apartment property
adjacent to her property, stating that she had talked to the builder
of the apartments concerning same and had also written to the owners
of the apartments and had received no cooperation from them in
eliminating this unsightly condition, and asked if the Council could
do anything about the condition. Following discussion, Mr. Campbell
moved that this matter be referred to the City Manager, City Attorney
and Councilman Avery for advice and report back to the Council. The
motion was seconded by Mr. Thayer and carried unanimously.
Mayor Warren read the following ~etter from Business Counsel
Ward M. Robinson, dated February 9, 1961:
"Re: Consideration of Cha~ter_ 16
Code °f"IOrdir~, rices..; .... "~.~CSN~ES~'.
"Dear Mayor Warren,
Work so far on the writer's current assignment for the City
has, on several occasions, indicated strongly the desirability
of reviewing carefully Chapter 16 of the City Ordinances,
entitled 'Licenses'.
Presently, it appears that, in a number of cases, there may
be:
1). Inadequate coverage of license requirements.
2). Questions as regards the amount of annual fees.
3). Questions concerned with the enforcement - perhaps
of the constitutionality - of certain aspects of
the Ordinance.
It is therefor suggested that consideration be given to the
formation of a Committee to review Chapter 16 in depth, to
hold public hearings if deemed desirable, and to crystallize
any recommendations which may result, for presentation to the
City Council."
Yours very truly,
(Sgd) Ward M. Robinson"
Mayor Warren then appointed a committee, as recommended, to study
Chapter 16 of the Code of Ordinances:
Ward M. Robinson, Chairman
R. D. Worthing
Richard Zimmerman
Kenneth Ellingsworth
Concerning consideration of a Group Hospitalization and Life
Insurance Program, Mr. 'Campbell moved that this matter be tabled
until a special meeting to be held this week, that Ward Robinson be
in attendance,tha~ that meeting to be set to discuss said item and
.1. 2-13-61
FEBRUARY 13, 1961.
also the proposed sewage disposal plant. The motion was seconded by
Mr. Sundy and carried unanimously.
City Manager Mingle informed the Council that repairs necessary
to the present City Hall, in order to establish a workable and con-
venient building for other uses, will require approximately
$1,825.00, to be provided by appropriation from the unappropriated
surplus fund. The following is a detail of the estimated cost
referred to:
Electrical wiring $1,0OO.00
Lumber, doors, walls 400.00
New asphalt tile flooring
(in part of the building) 250.00
~1,750~0'0
Add 10% for incidentals 175.00
Mr. Worthing informed the Council that he had an estimated cost of
painting the City Hall, one coat inside and out, to include the
caulking of all openings and putty where needed, the filling of all
cracks with a cement patch, and washing 9ha% portion of the building
interior where needed, in the amount of $2,600.00.
City Manager Mingle informed the Council and Public of the
proposed use of the different offices of the present City Hall
Building. Mr. Campbell moved to accept the plan as submitted with
the addition o~ Painting and repairing the building, inside and out,
as covered by $1,825.00, plus the estimate of $2,600.00 for paintings
doing the job as it should be done to put the building in number one
shape. The motion was seconded by Mr. Avery and carried unanimously.
It was then moved by Mr. Sundy, seconded by Mr. Thayer, and unani-
mously carried, to appropriate from unappropriated surplus the money
for improvement of said building.
City Manager Mingle reviewed the traffic problem at N.E. 5th
Avenue and 8th Street intersection, and the steps that had been
taken toward getting a light installed at that location, also that
it had been suggested that a resolution from the Council concerning
same be of some help in getting this temporary light installed at
an earlier date.
City Clerk Worthing then read RESOLUTION NO. 1313:
A RESOLUTION OF THE CITY COUNCIL FOR THE CITY
OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION
OF THE FLORIDA STATE ROAD DEPARTMENT TO
ESTABLISH TRAFFIC CONTROLS AT INTERSECTION OF
NORTHEAST FIFTH AVENUE AND EIGHTH STREET.
WHEREAS the relocation and reconstruction of the Federal High-
way (State Road No. 5) through the City of Delray Beach places
the Southbound Lane on Northeast Fifth Avenue instead of North-
east Sixth Avenue where it was formerly located, thereby throwing
a much greater volume of traffic on said Northeast Fifth Avenue,
and
WHEREAS Northeast Eighth Street intersects the said Northeast
Fifth Avenue at a point only thirty-five feet East of the Florida
East Coast Railroad crossing over Northeast Eighth Street, and
WHEREAS due to the extremely heavy traffic on Northeast Eighth
Street a dangerous situation is created due to the possibility
of automobiles being trapped between crossing gates of the said
railroad crossing when a train is approaching,
THEREFORE, IT IS HEREBY RESOLVED that the Florida State Road
Board be requested to recognize the emergency status of the
situation herein described, and act with all expediency to per-
mit the City of Daray Beach to erect the necessary traffic
controls to effect safe passage of vehicles in both directions
at this intersection.
PASSED AND ADOPTED this 13th day of February, 1961.
-2- 2-13-61
It was moved by Mr. Sundy that Resolution No. 1313 be adopted and a
copy forwarded to the proper authorities as soon as possible. The
· motionwas seconded by Mr. Avery and carried unanimously.
Regarding a request for establishment of policy concerning en-
croachments, Mayor Warren said it was the recommendation that the
City Manager, and the Public Works Department proceed to enforce
the law concerning same. Mr. Campbell commented as follows: "I
believe it is a part of the administrative matter, operations
matter, in the same sense that if the police department saw a traffic
violation we would expect them to move and we wouldn't expect them
to come to the Council asking for authority to move. If this is,
and it certainly is a violation of city property, it seems to me
that corrections would be made without asking for any special
council action." Mr. Avery stated: "That they take it for granted
that our policy is to enforce the law."
Mayor Warren presented the following memorandum of the City
Beautification Committee:
"After considerable discussion concerning the immediate
need of landscaping the area surrounding the City Hall and
Community Center and the islands on the north and south
entrances to Delray Beach, the Committee voted unanimously
to recommend that the City of Delray Beach engage Mr. Swan
Brown, on a professional basis, to lay out preliminary
landscape plans for these projects. The Committee indicated
that a concerted effort would be made to have prescribed
landscaping donated after Mr. Brown's plan was approved and
a schedule of needed trees and shrubs was presented.
"Additionally, it was unanimously agreed to request that
an individual be engaged by the city, as soon as possible,
whose duty it would be to supervise plantings and to maintain
beautification projects after their completion. The Committee
suggested the name of Mr. Joseph Sante if he would accept the
position."
Mayor Warren recommended that any action on paragraph i be deferred.
Following comments from Mr. Arthur Dummett, Mw. Campbell moved that
the issue outlined in said paragraph i be tabled for further action
and that Mr. Joseph Sante be appointed on a temporary basis, as
recommended by the committee. The motion was seconded by Mr. Thayer
and carried unanimously. Mayor Warren asked that Mr. Sante be
notified by mail.
City Attorney read ORDINANCE NO. G-3~6.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, PROHIBITING THE HOLDING
AND EXHIBITION OF CARNIVALS AND CIRCUSESWITHIN
THE MUNICIPAL LIMITS.
WHEREAS, the City Council of the City of Delray Beach has
determined that there are no sites within the municipal limits where
a travelling or professional carnival or circus could be located
without disturbing the residents of the City, and
WHEREAS, the City Council deems it in the best interests of the
residents of the City that travelling or professional carnivals and
circuses be prohibited within the municipal limits;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA AS FOLLOWS:
SECTION 1. That all travelling or professional carnivals and
circuses are hereby prohibited from being held or exhibited within
the municipal limits.
PASSED AND ADOPTED this the 13th day of February, 1961.
Mr. R. G. Bird, Past Commander of the American Legion, in
protesting the Council considering said proposed Ordinance No.
further cited rumors having reached him that the Legion's present
FEBRUARY 13, 1961.
Commander, a city employee, had been directed to~tay off---or---!
Mr, Campbell moved "that a special action to this point, the
integrity of this Council, certainly the integrity of our City
Manager and possibly the Chief of Police, has been challenged openly
that a member of the Police Department who happens to be at the
same time the present Commander of the American Legion, has been
threatened, I suppose with the loss of job or something if he didn't
lay off advocating for the Legion that he believes in very strongly.
And I would like the record to show that we, the Council, speaking
for ourselves and for the City Manager and the Chief of Police, go
on record very strongly resenting the challenge, or call it what you
will, that has just been thrown and assuring the public that Mr.
Manning has not nor will not be criticized for an~ action he takes
as a member of the Legion. I happen to be a member of the Legion,
think I'm in good standing, I have been a member for some time, I
don't go around bragging of it any more than I brag of the fact that
I am a Mason or any other member, but I personally resent very
strongly the suggestion that any man in our city employ would be
threatened with loss of job because he takes a position as Commander
of the Legion, which he certainly has all the right in the world to
take, and is threatened with the loss of job." Mr. Avery suggested
that an investigation be directed to this remark. Mr. Campbell--
"Not in my motion, if the City Manager or Chief of Police, in their
official position, wishes to follow it further, fine, but I for one
couldn't let that go unchallenged." The motion was seconded by Mr.
Thayer and carried unanimously.
Mr. Campbell then moved that the City Manager ask the Chief of
Police to meet with the Council and Mr. Manning on Wednesday morning,
preceding the scheduled meeting, to see if it can be found out
where this rumor started. Also, that if the American Legion wants
to have representation at that meeting, they are invited to attend.
The motion was seconded by Mr. Thayer and carried unanimously.
During general discussion, protests concerning adoption of
proposed Ordinance No. G-386 prohibiting carnivals and circuses were
made by R. G. Bird, Ozie F. Youngblood, Dave Hogan, after which
Mr. Thayer moved that Ordinance No. G-386 be passed on second and
and final reading. The motion was seconded by Mr. Campbell and upon
call of roll Mr. Campbell, Mr. Sundy and Mr. Thayer voted in favor
of the motion, Mr. Avery and Mayor Warren being opposed.
City Attorney Zimmerman read the caption of ORDINANCE NO.
0-389.
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING ORDINANCE NO. G-222 PASSED AND ADOPTED IN
REGULAR SESSION ON THE 20TH DAY OF OCTOBER, 1955,
PROVIDING FOR THE CHANGING OF THE RATE SCHEDULE AND
METHOD OF BILLING.
Following general discussion also comments and objections concern-
ing proposed Ordinance No. G-389 providing for the changing of the
garbage collection rate schedule and method of billing, it was
moved byMr. Sundy that said ordinance be placed on first reading
and that it be published in full. The motion was seconded by Mr.
Campbell and upon call of roll Mr. Campbell, Mr. Sundy, Mr. Thayer
and Mayor Warren~voted in fa¥o~ of the m6tion, Mr. Avery opposed.
Mr. Campbell then moved that sufficient copies of proposed
Ordinance No. G-389 be made available upon request of any taxpayer
of the city, and that those copies be ready not later than Wednesday
morning. The motion was seconded by Mr. Thayer and carried
unanimously.
Mr. Frank Constans asked the following question: "In the
event that I refuse to pay my water collection bill, one utility,
will the city factions taking away from me the other utility stand
the test of legality?" Mr. Campbell moved that the City Attorney
be asked to get a ruling to this particular point, if possible, from
the States Attorney. The motion was seconded by Mr. Avery and
carried unanimously.
City Attorney Zimmerman read the caption of ORDINANCE NO. G-390.
-4- 2-13-61
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING SECTIONS 23-18 AND 23-19, REPEALING 23-20,
AND RENUMBERING 23-21 OF THE CITY'S CODE OF ORDINANCES
PERTAINING TO THE HEIGHT OF HEDGES, SHRUBS, WALLS AND OTHER
STRUCTURES.
It was moved by Mr. Thayer, seconded by Mr. Campbell, and unanimous-
ly carried that Ordinance No. G-390 be placed on first reading.
City Attorney Zimmerman read the caption of ORDINANCE NO.
G-391.
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING SUB-PARAGRAPH (c) OF PARAGRAPH 8 OF SECTION
12 OF ORDINANCE G-234 BY PERMITTING THE PLANTING OF
TREES IN THE TEN FOOT STRIP REFERRED TO THEREIN.
It was moved by Mr. Thayer, seconded by Mr. Sundy, and unanimously
carried that Ordinance No. G-391 be placed on first reading.
City Manager Mingle gave the following report of estimated
cost for essential improvements not previously provided for the new
city hall:
ANALYSIS OF CONSTRUCTION ACCOUNT
....... ~br~a?¥ 1'0,"196'1
Cash Available for Construction $ 408,718.41
City Hall Encumbrances:
Kenneth Jacobson 24,670.15
Venice Construction Co.
Original Contract 180,971.O0
Change Orders (Est.)~~ 22,039.00
Land Fill 9,166.95
Tests _ 362_.50
Total City Hall $ 237,209.60
Community Center Encumbrances:
Roy M. Simon $ 8,794 14
Venice Construction Co. 142,669~00
Land Fill ~,200.20
Total Community Center 152,663.34
Scout House 10,000.O0
Total Encumbrances ..... 399,872.94
Cash Available for Furniture ~
· Estimated Change Orders:
Receptacles $ 460.00
Council Seats 4,172.00
Intercom 634.00
Floor Outlets 30.00
Cylinders & Tests 135.00
Sidewalks 5,354.00
Sprinkler System 2,000.00
Stand-By Power 2,612.00
Flashing on Canopy 175.00
Panels in Council Room 228.00
Soundproof Doors 350.00
Shelving 250.00
Panels in Manager & Conference
Rooms 1,055.O0
P. A. System in Council Room 752.00
Painting Exterior 460.00
Sod 2,000.00
Flag Pole 188.00
Planter Spigot 50.00
Outside Telephone Conduit 988.00
Locks & Hardware 57.00
Air Cond. Panel Revision 89.00
$ '~2", 0'3'9. Ob
-5- 2-13-61
FEBRUARY 13, 1961.
Following discussion it was moved by Mr. Avery that this item
be tabled for further study until lO:OO a.m. Wednesday at the special
meeting. The motion was seconded by Mr. Sundy and carried unanimous-
ly.
City Manager Mingle informed the Council that the purchasing
agent had received bids on office furniture for the new city hall and
asked for consideration on same. Mr. Worthing informed the Council
that there were 63 items for which bids were solicited and that bids
were received as follows:
GOLD COAST OFFICE SUPPLY bid on only 52 of
these items ..................... $ ~,461 92
HAND'S DELRAY BOOK SHOP bid on ALL items .......v,658~35
LAKE WORTH OFFICE SUPPLY bid on only 39 items
YEOMAN & SMITH OF DELRAY, INC., bid on 3 items -
Following discussion it was moved by Mr. Campbell, seconded by
Mr. Thayer and carried unanimously to accept the bid of Hand's Delray'
Book Shop to furnish all 63 items.
City Attorney Zimmerman read the following proposed bills, for
consideration, in order that they may be presented before the 1961
session of the Florida Legislature:
(Copy of Bills are attached to and made a part of
the official minutes of this, meeting)
(See pages ~8-A thru 48-X for copies of~Bills;
Following discussion of the proposed bills and regarding the
bill concerning "Established - Director of public works: duties"
Mr. Campbell moved that the change be made that such man employed by
the City Manager shall have the qualifications of a Certified Florida
State Engineer. The motion was seconded by Mr. Thayer and upon call
of roll Mr. Campbell, Mr. Sundy, Mr. Thayer and Mayor Warren voted in
favor of the motion, Mr. Avery being opposed.
City Attorney read RESOLUTION NO. 1311.
A RESOLUTION OF THE CITY COUNCIL OF DELRAY BEACH,
FLORIDA, REQUESTING THE LEGISLATIVE DELEGATION OF
PALM BEACH COUNTY, FLORIDA, TO PRESENT CERTAIN
BILLS BEFORE THE 1961 SESSION OF THE FLORIDA LEGIS-
LATURE AMENDING THE CHARTER OF DELRAY BEACH, AND
VALIDATING AND CONFIRMING ORDINANCES AND RESOLUTIONS.
(Copy of Resolution No. 1311 is attached to and made a
part of the official minutes of this meeting)
(see pages ~8-AA, ~8-BB & 4~-CC for copy of Resolution No. 1311.)
It was moved by Mr. Avery, seconded by Mr. Thayer, and unanimous-
ly carried to adopt Resolution 1311.
City Manager Mingle presented bills for approval as follows:
General Fund $36,019.43
Water Fund - Operating Fund 335.79
It was moved by Mr. Campbell, seconded by Mr. Thayer, and unanimously
carried that the bills be paid.
The meeting adjourned at 11:15 p.m. on motion by Mr. Thayer.
R. D. WORTHING
City Cler~
OVED:
-6- 2-13-61
A~ ACT RELATI~ TO
TH~ VOT~3 AND
~29TlOr 1. Fha.t Section 17
Special ~we vf Flcrl~, Acta or 1~9, ~ ~a~ed, a~e
~i~ the ~r~r ~f the :lty of
Xo ~ended ~o r~8 aa follovel
"Th~ ~or ~ill be o~ of %~ ~ve aeabe~ Of the
city o~ncll, ~t ~ill ~ cleated directly by the
people, instead of beX~ appolnt~ ~y tk% oo.Jr~OX1.
· hall be ~ioue~ ho vote. The election
- held every ~wo ye~, a% ~e ~ame time a re~ular
election of ~ouno[[ :eeJbera Is ~g~ ~ld. ~e elll
,.rye ~ ~o~ of the ei~y for ~.~ 7~rn.
i~%ion or o~er~l~e.
~pointed by ~ za~orlt, y of ~e oXt2 oo,;.teil at the
next reyul~ly helC oounolI meetl~ to.aerie untXl
the ne~ ~ener'al eloatIo~. If & ~Jo~ity o~ the
re~ining me~ern ~e
re~l~ meetingA ~.ve ~e~ hoXd, t~n %he ~io~
'- ~yor, wi/.1 aa~o~lo~ly
'- next genera, tl~ctiOn.'
ito app~v~ by a ~Jo~ity of t~oo ~lfted ele~e
u~n the question of ~e
t~a Aot at a~ npeo~, prA~y, of ~ral election
-- held ~w% lair than ~eeak, er
A~ ACT :~I.ATINg TO THE CITer OF DELRA~f B~ACH,
P~ D.~CH COUNTY, FLOHIDA, ~DXNO O~-
T~ 2~7~6, 3P~CI~ ~ OF F~XDA, ACT~ OF
1949, ~ ~E~DED, ~AM~ BEING ~E ~H~T~ OF
~A~D OITY B~ ~E~DIN~ ~EOTXO~ 2~ TME~F
P~OVIDIN$ ~T ~I~ OF T~ CITY OOUI~CIL
A ~EFE~~,
~EOTXON l. ~t 8eottOn 2~ of ~pteF
Opoot~ ~vo of ~tdm, Aoto oF
bet~ the ~er of t~ City of
to ue~ to ~ u follovlt
"The s~y of eaeh m~ of the olty e~tl
s~ll be fiz~ f~u time to tXae by o~X~oe,
p~vXd~ t~ MxX~ u~a~ Or eaoh o~ne~l~
· ~11 not exoe~ ~e ~M~ ~11~ (ll~.~)
per mouth, exaept t~t the
shall rooeXvo a uaxX~m .al~
exceed One ~~ FXfty ~lla~o (ll~O.~) per
month~
SECTXO~ ~, ~o mot 8~ll ~~ effeottve upon
rte app~ by a majority of thooe qu~X~tod eleo~o
of the City of Del~y baoh ~ p~ttoXpate tn votX~
u~n the queotton of t~ app~ oF dtoapp~val of
~to Aot at a~ o~oX~, ~t~y, .oP pner~ eleetten
held not later t~n ~e~F X~,
l
?O. BE ~TITLED
;IN AOT RELAT~N.~ l'J THE 2I?¥, OF
P~ ~tt COU~TY, FLO~IDA~ ~ND~M~
a~ ~E~D~D, ~E BEI~ THE C~RT~ OF SAID
GITY B~ ~-iE~DIN~ S~GTION 86 TBE~F ~ PRO'
E~U~IZATIOi4 ON TME SEGO~D ~ONDAX IN JUNE
T!iER~F TO PROVIDE FOq T~ FI~R~ OF DAY OF
BU[{LI3ATION OF ~OTICE OF TAX' D'~D
SEOTIO~ 1. T~t Scot,on 86 of ~pto~ ~5786,
Speotsl ~wo of Florida, Acts of 1949, as ~ond~,
belad the C~r%er of the Cl~y Of ~lr~ ~aOh, Florida,
Xs a~ended ~o read as follows~
"The city oounoX1 s~l, u~n t~ ~e.~ Monday
· lt as a ~ard o~ eq~ll~tlou o~ ~el a~ due
notloe Of 8aid uooti~ 1~1 ~ ~von by
~bltoation for ~t lees ~n ~ ~8~eo seven
days apart la a nevopa~ ~bli8~ wlt~n
said mun~oipaltty. At sueh mtl~ the
8XttXnF. as a ~ard of ~u~XaatXon ~
s~ll have before ~t the ~'sosonent ~llo
prepared by t~ asleoaoF of ~ltl0 ~
p~oeod to ~u~lse ~ ~Yloo t~ said
aseeesaent. ~e o~no~l et ouoh t~e s~l
if ~visable ~ ti~, %estL~.. for ~e
of deto~lnl~ the v~uation of ~ p~ty
~ asseo,~. ~1 ~reo~ o~ p~pert~. Pul
' ~sonal, In the airy of ~rq bash,
have tho rl~t to ~~ ~fo~ ~ bo~ of
~ual~sation a~ to ~ h~j. 8nd tho
~ard shall remain In Sell'On ~1 d~ tO d~
for as lens aa any be noooeo~y to ho~ ~Oh
complaints and to equalXBe ~d ~ev~oe auoh~
assessments p~vld~ t~t tho ~id
, Axx not requ ed to ses, 6n
longer than t~eo ouooeaoXve
~o ~end~ to r~ aa follout'
partloul~ tXme of the
p~vid~ hereXn be ~blXshed at ~y ~Xoul~
tXme with refere~co to t~ day off m~e, mo lo~
aa ~e day of 8ale ~1 be fl~d not leos
than twenty-eXit ~r ~re
afte~ the flret publXeatLon of
3E~IO~ 3. ThXs set o~I.Mo effeot ~edXa~l~
u~n its ~ooa~ a law,
E~A~T~9 BY TIlE LEOI~RE OF TH~ STATE OF
.... ~-~' 1 7h~t :ectlon 7g of ~pt~r.~5786,
the ~rte~'of the ~lty of ~l.~ay B&eoh, Florida,
~rohaaina ~ent m~ be rempo~tble for
Ill p~em of (llty purchaaln$'%a del& zy
shall be obtalno~ for a~ u~edod $OOdO, ae~lGe8 o~
Counoll
~ g ' - -'- to th° award of a puro~me order o~..:.....
~mpetenQy of b!duers ah~l be deux . ..~,. iai. ;.. '.
,plat~ purohase~ In exoem_ . .~:~.[~. .'
~rioem
rohas2~ procedure to be employ~ .~1 be
r~olution, ~o authorize .the .a~iu~ or pUUAZO
oT~ents, or the perfo~i~ o~ ~ othe~ oXvXo
Xm~r
out mom~etitlve or ~ealed
3~0TI02 2. This act a~ll t&~e effect X~edl&tely
, 2
A BZLL,
TO 9E E,.'~TITLE,9
PAI~V. ~EA~H ~OUJ~Y, FLO~IDA~ V~IDATI':'~,
~0:,FI ~;:I''~,., AID ~IATI~YX:~ O~DXNAUC:~ f{O.
<,' ' v -- 1959 ~D ORDI~A~,CE {~0.
:}-368, ':AT~D ~TSL~BSR 12. 1969, A~PT~D ~
TI/E CITY COUKdIL OF 3AID CI~Y, R~D~INXN~ THE
TE:I~ITO:aZ~ ~UNDA~XE~ OF 5AID CITY ~ XNOLUD~
~HO~E ~:;RTAX~ ~D3 ~R~RE ANN~ED BY
ORDX'NAN~ NO. G-5;8 ~D ~O.. ,~68 AND
V~ID~XND, OO~FXRMXNG A~D ~TXFYX~ ~
~D ENACTED BY T~E OXT~ OF D~Y B~OH, l~
~FECTXV~ DATE,
I~! BE IT ~AOTIiO BY THZ Lti~XSLA~JRI~ OF TH[ ~TAYI: 0~' FLO~XDAI
SECTION 1. ~mt certain o~l~oe of ~e-City Of
~:. ~: Delray ~ach, Flortda, duly e~oted on the 2~th day of
~: ~ptember, 1999, the same beX~ in the words and
ft~rem aa followm,
AN O~,~l,Ii,,C~ OF THE CITY COU'ICIL OF THE Cl~ OF
~E~AY B~OH, FLORIDA, ANI;EXINO TO THE CITY CERTAIN
~D5 LO~ATED IN 2ECTXON8 19 A:~ ~0, TOWNSHIP
SOUTB, ~N~E 43 ~T AND IN SECTIONS 2a ~:D 25,
TOWNSHIP 46 $OUTR, ~N~E '2 ~T, WfflOff
~ffTX~UOUS TO ~ZSTI~ ~I~XF~ LIMITS OF MAID
.':¢~. CITY; ~i~II~l:;O TH~ BOU/~:DARIES OF :AID CITY TO
,- XNOLUDE ~3AID ~IDS~ PROVXDINO ~R THE
TA~TIO~ OF SAID ~t~5 A:;D C0~DXYIO~';3 OF
AMD PHOVXDIN~ Tile RXG~8 A~D OBLX~ATION~ OF .AID
~%ates, Ltd., ~d ~lray ~nd ~velopmen%, Ltd,, ape
th~ fee simple title holders of the p~perty hemein~ter
'deScribed, and have petitioned the C~ty of Selr~ Beach.
'~ Florida to annew aaXd lands within the o~r~orate
of the City, which petition ~a been-filed '~lth the
01%y ¢lerk of the ~[%y of ~lray ~eaoh, FlorXdml
forth ~n th,~ Pe~lt2o~ and Oonse~t on ~le vlth aatd
Oity qler,;
~~, the City of ~lray Beaeh,
authorized ~ a~ex k~da ~n ao~ord~oe ~i~h ~hap~er
OF TMK ~XT[ OF D~ B~H, ~l~ ~ ~0~1
SECTION 1. ~at the C~ty ~ne~l
~lr~ ~aoh, P&lm ~&~h O~tyt Florida, does he.by
a-nex to aa~d e$t2 ~e folloeX~ deaer~ t~ot
paroel of land looat~ in ~m ~oh C~nty, ~lorida,
whloh lies oonti~uoue to the e~mtXn~ ~undarlem of maid
miry, to-wit,
~l that part of the S~ ~f of 8motion
~tt ~if. Bt-of-Way of ~ilttey ~til and l~orth off
~mo t~t part of the ~rth ~f of 8motion
Township 46 2outh, ~ 4~ ~mt
the Nort~ Ri~t-of-Wmy line Of ~n~
exempt t~t p~t of t~ hot ~lf of tho ~euth~t
~ter of m~d Seetton lytn~ ~th o~ Oe~~
~at pa~t off the ~th ~lf of ~otion
~6 ~th, ~n~e 43 ~t ly~n~ ~eet of the Vest
~t-of-Way line of ~4 ~ (this to ~olude
~to X4 t~ou~ 19 inolumivo of ~oo~ ~,
t~ou,~h 19 lnolusXvm of Bloo~ ~7 a~ ~to l
throu~ 12 tnolusive of ~look 48 of Homewood Plat
~mber 1 aa reoord~ tn Plat
Palm ~aeh Ooun~y
AllO t~at pa~t of the Korthweat Quarter of 8lotion
~0, Township 4~ 5outh, aanee 4~ ialt lytn~ welt of
of tho No,th Rl~ht~f-~ay lX~ 'of ~rm~t~n ~0~
loom t~t p~t of tho kelt t~~uarte~ of
3outhweot qu~te~ of the Northwest quarter (aloe
k~vn al the ~elt t~-qu~to~m of ~ve~ont ~t
~) Xn oaZd ooetZon lytn~ N~th of ~e ~o~th
of-~ay IXne of ~runt~ ~l,
That part of tho ~oFth 5~ ~eot of the ~utheao't
hot, ly~ between tho ~eot .~t~f-~'ay l~no
the aeabo~d AlrlXne ~aXlroad ~ the ~,t
of-Way 1Xne of g-A O~lj
~e ~8t ~2~ fleet of t~t ~ off the North ~0~ Feet
of the ~theaet qua~te~ of ~otXon 1~, TownshXp '
46 ~outh, ~e 43 ~st lyXn~ betweeh the West
Hight-of-Way l~ne of the ~eabo~d AXF1Xne
a~ the ~at R~t~f-Way lXno of the ~4
~ECTIO;~ 2. That ~ho Mound~Xeo of the OXty
~lray ~eaoh ~e hereby redefXned ~o aa to An~u~e
thoreXn the a~vo deaorXbed t~ota ~f X~, a~ oal~
~e he~by deol~ ~ ~ In t~. oo~te llaXta of
the Ot~y of Del~ ~aoh, Florxda,
SXOTIO~ ~. ~t the p~~y ho~Xna~vo deoe~l~d
~n Section 1 hereof a~ ho~eXn ~noxed to tbs O~ty of
~lray bash, Florida, ia t~on Xnto oaXd oity under
the ffollovtn~ ter~a amd
(1) ~he nort~ 200 aerea ef t~t part ef the
a~e-dea~r~b~ p~perty lyXn5 Xn Seet~en ~,
Towmah~p ~ ~outh, ~n~e ~2 ~at (a~eA ~d
deoX6~te~ upon g~Xbit ~ at~hed to S~e
FetitXofl o~ Consent ftled vith ~he Otty Ciera
as P~oel .mA') ~e he~y son~ ~n DXo~[ot
(2) ~1 l~ds Xn 3eotXon ~ (exoept ~e
oatd ~orth 200 8aee8) a~ tn ~eotXon 25, To~-
s~p 46 South, ~ 4~ ~8t (~k~ ~d doo~p
~t~ al ~eol "B--u~n ~XbXt ~ attaoh~
oaXd PetXtlon a~ ~onoont fXled vXth the
DXotrtct 0~" -
(~) All that p~rt of the above describ~d lands
located in Sectto~ 19 an~ ~0. Town, hiP ~6 South.
~n~e ~] ~t~ lyl~ ~elt ~f ~ke Worth-Prat~e
P~oel ~ upo:~ ExhXh~t 2 attached to oa~ FetE-
tton and Consent ffXled wlth'the Cl~r~ com-
(~) That part of the a~ve described lands
looat~ In ~ectlon 1~, Township ~6 ~outh~
4~ ~at ly[~.East off ~ke ~o~
Distr~ct E-~ Canal, le~e the ~st 5 aeree
reed and ~eaX~t~ a~ Faro~ 'D' upo~
(aa ....... ~-- '~ said Petition a~ conaen~
~ he.by zoned %n ~xs%rxot ~t-~ ·
~e ~m% 5 aarea of ~ a~ve described 19, Township ~6 ~uth
TAX~ ~
Because m~aloipal aervloea vii1 not aco~e %o
said la~xds until ~uoh t~me a~ they ~e. ~evelo~4,
said la~e a~ll not ~ ~lable ~or ad ~alore=
ta~ea for a per~od of seven (7) years
~st 20, i~, except Xn"the follo~Zn~ events
~d under the followi~ cir~matanoes~
(1) In the event any parcel or lot Xs aol~, tr~a-
err~ er 9therwXae dXa~ee~ of, or Xn the event
f .... .--- ------+urea /except temporary real
"=~-'- shall be eu~ec~
lo%, then such pareel or lot
~rmal taxat{on, iaolu~l~ the ~ed X~eb%~-
mesa of the ~lty'of Delta{ ~ach, Florida. It
ele~lY u~deretood that ~ lot or pe. roel
be deemed eold or %ran~ferr~ when conveyed by
one of the undersisned petitioners to 2herwood
F~ D~elopera, Ino.. or %o Roy L.
n the further event ~ ~rtion of the l~d,
(2) I _ -----~ ~ t 1" ~e platted
or eubd~v~d~, the %ax ~ra%or~um a~or~-~
r~a~n effective a~ ~n ~11 foroe~ ~uo3eo~ ~
the oondXt~ona of subparagraph b (1) of
S0~ 3; exoept, p~v~d~, v~n ~Og of the
iho~n upon suoh Flat' o~
lOtS
eu~h moratorXum ~11 cease and te~Xnate
those platt~ lots re~XnXn~ unsold an~ there-
u~n each of the re~al~n~ ~old lo~s.
s~vn upon such Plat, ~ t~reafter
at an annual tax ~t exoeedX~ $10.00 per lo~
for ,the remair~n6 unexpired ~rt%on of
seven (7) ye~
(~) At the e~pirat~on of seven (7) yearw from
~he bonded X~debted~ess. of the OXt2 of ~lray
~eaoh, Florida.
SECT!O~ ~. ~xoe~t for the provisions herelnabove
~elattn~ to zon~n~ ~d taxation, the l~d, he~Xna~ve
'deaerXbed s~ll iron, lately beeo~e subject to all.~f ~e
fr~ehisem, prXvXlo2es, l~u~t~es, debt~,
l~abXlltles, ~d~nces and lawe to whA~ l~da Xn the
~tty of O~Iray Beach a~e now or may be, ~
~eeXdXn~ there~n shall be ~ee~ed citizens of the CXty of
DelPay Bes.~h~ pr6vXde~, however, the pav~n~ ~d
Xnltallatlon of roa~s, b~fhwaya &~d rater linen In "sa~d'
.l~dl ,h~ll be the ohllcatXon Off the owners thereof,
the~ successors ~d assigns, except ~e 01ty of ~lray
~aoh ~ill, at its expense, extend t~e ~ater zain to
the ~un~tloa off S.~. 10th 3truest (e~en~ed westerly)
S.~. 20~ Avers. It ia ~rther p~vi~ ~t in the e~ent
the S~te Road ~partment of the Sta~ ef ~o~ida eh~l
at ~ tt~ ~hereafte~ close ~d te~te ~ pe~lt
he~tofore o~ here~te~ ~lven to e~aa State ~oad NO,
a~ Seaboard ~all~ad ri~hte-of-w~ ~n or, er to uae
State ~oad ~o. 9 for a limited a~oeaa facility, then
there a~ll be mo ~duty or obliSatXon upon the ~ity of
~l~y ~aoh to conatmJat or pay ~oney fo~ a ~ade o?oaa-
t~a the 22th day of ~tember, A.D.
A?T~T ~ ~or
R.'D, VORTHI~O
Olty Clerk" 5
8lt;~'rZO~ G~. Th&% oo~t&~tn oPdtnanoe o! ~ho
~1~ ~aoh, Florida, dul~ e~ot~ on the 12~ da~ of
8ep~aber, 1~60, the oue bel~ Xn the Vo~o ~d
.0.
Ct~T~ ~D~ ~CAT~D ~ 8~lO~S 19 ~D ~0,
~E ~O~l~8 ~ ~XSTI~ ~l.ZO~ LXMI~
OF B~D CX~I RE~XHX~ ~ ~N~~ OF
9AID CITY TO IHG~ 8~D ~l
WHERe, ~lray lndustrt~ ~opo~telo L~,, ~m t~
foe s&mple title ~lder of the p~pe~y
AeaerXbe~, ~d baa ~t~tXen~ t~ ~Xty ef ~lray
~erXda to ~nex ~d l~da within the e~erate
Of the Olty, whXeh Petition ham been filed with
~e~k of the City of ~lr~ baoh, ~o~al ~
~~, the City ~o~o~1 of ~e City of
~, ~ortda ~ d~e~~ t~t Bard l~o ~ eo~
tt~s ~ t~ eflstt~ ~ot~ ~~te l~tto er
~1 maid X~o u~n t~ t~a ~ ~ttona met fo~
tn b Petition ~ ~ent on file vt~ maid Ott7
~~, the ~tty of ~lr~ hobo ~orlda
mt~ris~ ~ ~nex l~o tn aooo~oe with O~pt~
9T~lO, 9peotal ~wa of ~ortda, Amis of 1951,
~, tn ouoh eot.
HOW, T~~, ~ IT O~ED ~ ~10ZTY ~UB~ZL
OF ~a Ol~ Or ~~ ~, ~RX~ ~
~ 8ai~ '~%ty t~ fOllO~ de8~%~ trot o~
BeariSh Xg0 ~u~,~ ~._~. of ~ Of ~o w~ru-
DraX~ge .DXO~rXo~ ~of u' of ~e 5e~~
West of h ,0 feet,
t~ ~r~ FL~t of v~ lt~ Of .:,:
Ln the a~ve desor~ tmot8 of 1~
~t7 of ~lray ~aoh, Ylor~'T
.
.
(2) In the further event amy portion, of the
lands described upon attached Exhibit ~-1"
~,platted or subdlvlded, the ta~
aforesaid s~ll remain effective ~d In ~11
force, suhJec~ to tbs conditions of sub-
p~a6raph (1) of this para. apb ~,; except,
provided, vhon :5:~:;, of the lots shown upon
such plat or mubdlvlelon-~e sold, such
=oratoriua shall cease and terminate aa 'to
':' those olatted lot. Pemalnlnj'unsold and
~: %hereupon each of the remzi~lnj
) ,~ .... aa shown upon such plat, may thereafter
taxed at ~ annual tax not exeeedinff ~lO,O0
' per lot for the remainXn~ ume~Xred portiom
of said ~even (7) year moratorium.
(~) At %he e~Xration of seven '(7) years
fro~ the date hereof, ali l~dm
described upon the attached Exhibit "1",
shall become ~ubJeot ~ ~r~l taxation,
Xneludl~ the debt so. Lee le~ for the
bonded Indebtednea~ of the ~ity of ~lray
~:~"~''"~'.,..,.., ~. ~oept for the p~vielona here~nabove
~elatir. j ~o ~on!ng ~d taxation, the. l~ts herel~ve
~eacrXbed shall 'X~ediately become subject tc ~1 of the
l~abXlltle~, o~l~oe, ~d law8 ~ w~ch la~l
City of ~lray Peach ~e ~w o~ ~ be, amd persona
reeldin8 ~herecn s~ll be deeme~ ~itl~ena of the
~ r ~lray ~ach; provldod, however, o~er' will consider,
at its expense m~d In compliance ~lth City specifications,
~ : a 25 foot paved roadway 'f~m ~wso~'~levard to Oer~-
~ ~wn ~ad if, aa and when such coat. etlon
for development pur~sea; said ~ad~ay
In the ~ fOOt ri~h% of ray to.be deed~ to the
the owner will inet~l, at Xta e~e~e~ ~ ~ lmeh water
: ~ ~n the 60 foot rX~t of w~ te ~ ~e~ed to.the
~ '~Xty ex.tendXn~ from ~acn ~uleva~ agut~erly te
~ ~er~nto~n ~ lf, aa ~d ~hen aueh ~Xn
development purposes,
~1%h® X~%h dly of hpt~lk4~, A~D,
TO :~E g~?ITLED
PAI~ ~EAOH ~OUII?Y, ~LORI~ ~DZNO
~ A}'~DEDm '3A~E BEIN~ THE CH~ OF SAI3 .
~CH RE~OLU.IO' OR O~DI~AUOE BEZ~O
ON 0ITY ~ BULL~I~'~ BOARD; A~D P~OVI~I~tO
IT E~A'~TED ~X THE LE~ISLATUR~ OF ~{E 3TA?~ OF FLORIDA{
S~O?ION 1. ~a% ~eotion 29 of Chapter ~5786,
Special laws of rlo.id~, ~ot. of 1949; as ~me~lded, s~s :~
~ing the Charter of the City of Delr~ Beach, Florida,
~ended %o read al follows~
.e
"A ~aJo~ity of all the members of the city 'o~il
shall constitute a quota. A leeaer ~a~r may
~Journ f~m d~ to day ~d OO~ the attend~oe
of absent members in lUOI m~er ~ u~er lUOh ~:.~:~:i
pe~lties aw m~ll be presor~b~ by o~i~n~e. .'~
~e afflictive ~te of t~ee memberm mhall be
neee,s~y %o adopt ~y reaolu%lom ~r o~lnanoe.
The vote of ea~ c~ncllm~n s~l be entered
upon t~ minutes of %he city council. ~y p~posed
o~lnanoe o~ resolution shall ~ .introduced in
w~ltin8 in t~ fo~ in which it I'm tO be finally
pasOed. Ordinances and resolutions ~y be read by
amp%los o~y, p~vlded %~_% each ordiaance and
resolution so read ls pos~ed pro~inen%ly on ~he
city hall bulletin board ~here it may be read by
the public. 0rdinancea, except f~r m: emer~emoy
ordinance, e~ll be read at least' by caption at
two meetlnC, not less than ten d~s ap~t; and
after passage on first r~mding e~ll be publlshe~
by such caption at. least once, to~ethe~ with a ..
notice of the ti~e and 9!aoe when a~ where It will
be given a public hearin: and be oo~idered fo~
fl~ passage. 8ueh ~blXeatXmn a~l ~ at least
meven days prior to the time ~verti,~, At the '-~
time and place as advert%ced, or at ~ time a~
place %o which ouoh ho~%~ mE1 f~m time %o
tiao be adjourned, such o~SAnano'e m~y be road
by sap·ion only, and after oueh readXn~ all'
persons interested shall bo ~;lven an
opportunity to bo ho&rd. After suoh he·rinSe
the so. nell may finally paso suoh o~dXnanoe
vXth or vi·hour anendAont eBoopt that if it
shall aa~e an aaend~ent ~bloh ~titates a
ehah~e of subs·anew it shall' not finally paso
the ordinaries until it shall ~ave soused the
amended seQtiona to be pubi~hed at least
ones, tO·walLer with · not~.ee of .t~o-~tBo M2d
plaQe, vhen &u~ where suol~ amonde(l ordXmaneo
will be ~uz-thor oonoidofed, ~oh publ~o&tion
shall'be at ioEmt tl~ee ~2e pi*Xor te the tiao
stated. At the time so ad?or%XoOd or. at any
time and Plase to which sash neetXn~ shall be
adjourned, the tnenAod or~Xnamoo shall be road
in full and a publio hearinS t~her~on shall be
hold &nd after each he,ring tim oXt~ o~unelX
nay fXMlly pos, sueh ·tended o~Xnano.e or
Main atenJI it, subject to tho. ,ate oonditlOnS.
The eeQon~ piss&~e of any si-din&nee pursu&ut to
this shorter ..a~l_ 1 be fXnal and ~o further
p~osa~e shall .~o r~qutred, &u ouef~onQy
o~dinanoe as: bo passed upon foadin~ at' one'
tiao as oh&ti be deal·ri&ted In tho or~nanoe."
its beee~n~ & lae~ ~
~EOTIO~ ~, That ~eetion 88 of (~apter' 25756,
being, the Charter of the City of Delray ~&oh, Florida,
amended to read aa
"The tax ye~F of the G~ty of ~lF~y ~oh ~1
the ealend~ year, co~ene%ng January 1st and
in~ ~cember 31at. ~1 t~e~ ~1 be a lien
a~ai~nt the p~perty upon which they are levied
assessed fro= the first d~ cf Janaary of the yea~
In ~ieh ~aoh levy and assessment Is made until
paid, .and a~ll be due a~ payable on the fi~et
day of November ia auoh ye~, On er befere ~aid
date in each ye~, the ~ eolleetor ah~l mail
statements to' each peri, on e~nl~ prcporty
which a tax has been levie~ or assessed, deaeribi~
the property a~ sett~g forth ~e ~ount of the
tax. ~1 au~clp~ taxes p~d ~url~ ~ov~ber
sh~l be subject to a dissent of four percent[
~1 ~nlcip~ taxes paid duri~ ~eaber ah~l
subject to a discount o~ t~e ~r~eat~ ~1
~nielpal taxes pal~ dur~ J~y a~l. ~
subject to a ~soount of two por~nt~ ~1
taxes paid ~ln~ Feb~ o~l be subject ~ a
discount of cae ~roentj ~ ~1 n~oLp~ taxes
paid durln~ ~oh a~l ~ the not ~oun~ ~
discount beX~. ~lowed on ~nXcA~ ~axea
durin3 ~oh. ~1 ~lp~ .ta~ not paid before
the f~rat day 9f ~rX1 of ~ y~ X~Xately
followi~ the ye~ for which a~e ~,eaaea,
be dellnquen~ ~ a pe~lty o~' two percent per
month o~ fraet~on %Beryl a~l ~ add,.thefts,
and ~1 perao~ offeri~ to pay taxes alger the.
first day of ~ril a~l be reguired to pay the
said penalty of twa percent per month, ~til
eertXfloatea repreaemtX~ u~d taxes ~.offe~
for sale, aa herei~fter p~vided,"
SEOTIO~ ~. ~a act e~l't~e effect
upen Xta Beeo~l~ a
T~ 2~786, S~E~I~ ~W'~ or f~l~, &OT8 OF
8AID ~ITY BY ~DIN~ 8~TION ~ THK~OF ~Y
~ K~RIN9 TH~ CI~ C~O~ TO ~TABLI~H
~VlDIM~ A~ ~EOTI~ D~
O~O'rlON 1. T~t ~eotlon 25 of C~pter 297360
8~X~ ~wm Of ~ortd&, Acre
bei~ the C~ter of the
~ ~~ by ~1~ t~ follov~
~ph t~eto t
m~ c~nc&l m~ll ~ve ~o ~w~ ~ emta~lmh
a pentagon pl~ for the otty e~loyoea,'
e~n ~tm beoom~n5 I law,
'p<.' ~. '3i.*/~52,,~' · ~'.,.,,..,~':"~ '? 'l~q]'?Z:lI AND
a~ot~ ~v. O~ ~o~tda, Aots :Of l~9, aa .~o~:,-
~t~ the ~ter of the Ol~y of ~lr~ ~aeh,
"~b~t.~-~eo~or of~,,blt.a ~r~,~'_~u~
t~ll ap~lnt .a all.stoP. O~: ~bl..~e~ ~r~a 'w~. ' '-.'
~rfo~ festally the dutt:~ Of hto of:flee tn
m~er', a~ he shall provide 8u~ty, ~ la mush
~ ~nt aa ~ be requ~ by the otty e~notl
for the fatth~l ~'rfo~ee o~ h~a ~ut~eo,. ~Xoh
o~ll be aa roll.at
eOn~aota, ro~ of at.eta ~ ~e oa~ of