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03-06-61SpMtg MARCH 6, 1961. A special meeting of the City Council of Delray Beach was held in the Council Ch~ubers 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 G. Campbell and Glenn B. Sundy being present. An opening prayer was delivered by City Attorney Richard F. Zimmerman. Concerning the Council minutes of February 27th meeting, Mr. Campbell stated that there was one matter he would like to ask for clearance on as follows: "Last week I asked --- IA petition cover- ing any section whether it was one lot, one block, or ten blocks, that when the petition goes before the Planning Board and comes again before the Council, based on Just what has been asked for no more and no less, then if the Planning Board wants to include another area over and beyond that, it should come from an action of theirs, but not be tied in with the petition, t The answer that was published in the minutes says that I was informed that the Planning Board might recommend and submit a further recommendation to the Council after study of the area; that possibly some adjoining land to those contained in the petition might warrant their conslder.~ ation for rezoning and they would pa~$ on such recommendation in ad- dition to their recommendations on a petition. Ilve asked for clear- ance on that as to whether or not it meant that it is two separate actions now included in the one. That is the question I asked last week and I would like to ask it again because Ilm not ready to accept this answer, further Illl say the answer is not clear." Attorney ZimmeEnan: "Let me attempt to clarify that. As it is written, that is correct, but let me just say this----they can make further recommendations but if they are going to rezone additional property that was not petitioned it would be necessary to have an~ other hearing so anyone affected by that would have a chance to say something. In other words, they might find that it would be better to extend it, but they would have a further hearing or additional hearing on the additional area so that those people would have a chance to be heard." Mayor Warren: "Without the recommendation of the Council?'? Attorney Zimmerman: "They wouldntt have a further hearing with~ out the recommendation. They would give you the recommendation and you in turn, if you went along with the recommendation, would say that a hearing would be held." Mr. Campbell: "The basic question that I asked was whether the Planning Board would or do have the authority to ~change the area that is covered by a petition presented to them by an interested group or by one citizen to either add to it or to decide to take f~om it, with-. out the request of the people who are making the petition.'~ Attorney Zimmerman: "There would be no action taken upon any additional part but it is obvious that there might be occasion when Mr. Campbell: "I'm still not making my point clear. Not only additions to, but taking from the lands that are covered." Attorney Zimmerman: "There could be certain instances and it depends a little bit on how the petition is worded. If someone quests two lots to be rezoned, rather than rezoning both of them they might rezone one of the two; if they could be considered separate and no one would be harmed. There might be instances when it could not be divided but I have to admit there are some instances when I think it very well could be. It depends a little bit on the equity of the situation. I have to say yes, that I think it Mr. Campbell: "You haven,t answered yet---will you give me the authority for it. A party petitioning for a certain section whethe2 it be one lot or ten lots, he hasn,t asked that one, two, four, six or nine be rezoned, he has asked for ten. He hasn't asked for twelve or fourteen, he has asked for ten. Now, he or those who object or those who favor might not want One, two, six or any, they want on~ what they petitioned for. I~d like to !mow the authority that gives the Planning Board the right to change that." 3-6-61 Y~RCtl 6th, 1961. Attorney Zimmerman: "They do not have authority to make any changes without people in those other additional areas being noti- fied and being heard but there will obviously be some instances in the planning of the City when you are going through the changes in one a~ea.that they see an adjoining area they want to point out to the Council that they might want to consider because the Council can rezone." Mm. Campbell: "But they are not changing the original Petition." Attorney Ztmmerman: "No, they a~e not. They are not changing the original petition but they are making some additional reco~m~end- ations and would have to be acted on separately." Mm. Cmm~bell: "MY question was: Have they the authority to change an original petition by either taking from or adding to?" Attorney Zimmerman: "Itl1 say no." Mr. Sundy then moved that the minutes of February 2?th,. 1961 meeting be approved. Mm. Campbell answered: "Itd like to have the minutes corrected as to the answer that I received and that the minutes of this meeting carry the answer that I have Just received." Mr. Campbell then seconded the motion, subject to that correc- tion, which upon call of roll carried unanimously. Mm. Ward Robinson addressed the Mayor and Council as follows: "I address you as a citizen and a taxpayer of Delray Beach, and not in any other capacity. "I have not been able to attend all the recent meetings of the Council at which have been discussed the various aspects of the sewage problem, so it is probable that I am not entirely Pup-to-date'. I confess, too, that t am not quali- fied to discuss in detail the techniques or the costs and expenses of the oxidation of sewage or itts disposal by any other means. "Nevertheless, and still as a taxpayer, I am willing to walk the plank, as it were, and challenge (AND IN THE STRONGEST P0~SIBLE TERMS) the validity of what now appears to be a de- cision that there are two alternatives, and ONLY two, which may - or should - be considered feasible in a consideration of this problem. These are, (1) an ocean outfall, and, (2) a treatment plant to be located some l0 miles to the west with the effluent therefrom carried back to the Intracoastal Waterway. "Presently, the City owns a number of plots of land .within the corporate limits, as well as a ten acre plot Just over the line to the south (the present ~Ctty Dump~). In my opinion, A number of these plots merit strong consideration as a site for an adequate treatment plant. I am not suggest- ing that such sites have not been considered. I do suggest that an erroneous ptcutre of the near-term needs of this City may have been crystallized, and I do suggest that, instead of a monumental installation running to some two to three million dollars or more, we may well be able to serve our needs for some years to come with an installation costing something under a million dollars. I suspect that hundreds of other small municipalities over the Continent, the North American continent, have served their sewage problem in this fashion - WHY CAN ~ T DELRAY BEACH? "I do not intend to try to pick a fight, with our engineers or with the consultants. I simply feel that good business administration of the affairs of this city dictate that more detailed investigation of all other alternatives than the two that I have heard about is of very great importance. "Now, since I put this together, today I have heard that there are in existence in the United States a number of small sewage disposal plants (which I think are treatment plants) one of which I understand is in Milwaukee(which is the oldest large City in the United States to make use of sewage treatment). These plants are new but they are the result of inventive work of a group of Swedish Engineers. Licenses are said to be available to American Citizens. It is understood that the cost of a plant is fractional as -2- 3-6-61 ~ARCH 6th, 1961. compared to other plants, and that the cost of operation is very much less than is the case in other types of pro- cessing plants." It was moved by Mr. Campbell that the City Manager be asked to con- tact the authorities in Milwaukee to find out what type of plant they are using and get as much information as possible for us from that city or any other city as it may be made part of Our study. The motion was seconded by Mr. Sundy and carried unanimously. Attorney John Ross Adams, in behalf of Mr. Roig who has a petition for rezoning of Lot 21, Block D., Palm Beach Shore Acres that is scheduled to come before the Council tonight asked that it not come before the Council for consideration tonight but that it be postponed for one week in order that Mr. Roigts regular Attorney, Mr. Carl Gezelschap may be present at the time that it is considered. Mr. Roig also personally asked that the matter be postponed for one week. ~. Avery then moved that this zmtter be tabled for one week. The motion was seconded by Mr. Sundy and upon call of roll, Mr. Avery and Mr. Sundy voted in favor of the motion, Mr. Campbell, Mr. Thayer and Mayor Warren being opposed. The motion did not carry. Regarding Public Releases, Mr. Thayer reported that the Com- munity Center group had met and they have made some recommendations as to appropriations which have been turned over to the City Manager for his final recommendations. City Clerk Worthing informed the Council that there had been an offer made by the Atlantic Realty Company of Fort Lauderdale, who submitted a base bid, desiring to purchase a parcel of City owned land on the South side of S. E. 10th Street, that part lying between 4th and 5th Avenues if extended, being about 330 feet square. ~. Sundy brought to the attention of the Council that they had recently referred all City owned property to the Planning/Zoning Board for their study and report of the best uses for it, and moved that action on this offer be tabled, holding the deposit if agreeable with the submitter thereof, until such report is received. The motion was seconded by Mr. Campbell and carried unanimously. City Clerk Worthing informed the Council that bids had been solicited for painting the old City Hall Building with the following specifications: EXTERIOR - Caulking and Cement Patching where needed and applying one full coat of best grade of oil based paint to all exterior wood and stucco; INTERIOR - Filling of all cracks, patching of present bare spots and applying one full coat of best grade paint to all interior walls, ceilings and wood trim, washing where ne- cessary before painting and includes Jail Cells and their iron bars, etc. Bids received for said painting are as follows: T. R. Wilcoxson $1,989.00 Louis L. Carter 2,238.39 Hagens, Inc. 2,316.00 W. H. Davis 2,735.00 It was moved by ~J~. Sundy and seconded by Mr. Thayer that the low bid be accepted, with the personal supervision of the Building Inspector and the City Manager, and that the Director of Public Works contact the low bidder to make certain that the paints that will be used are acceptable to him and to the City. Following discussion and upon call of roll, Mr. Campbell, ~. Sundy, ~. Thayer and Mayor Warren voted in favor of the motion, ~. Avery being opoosed. Upon question as to whether this is a bonded Job, Mr. Worthing stated that it would be. -3- 3-6-61 City Clerk Worthing informed' the Council that bids had been solicited from local licensed contractors to furnish and install a Sprinkler System at the new Cityi Hall and that only one bonified bid had been received in the amount of ~2,987:50, the second bid received was in the form of "Cost of labor and material plus 20% for supervision" which could not be considered. Following discussion, Mr. Sundy moved that all bids be rejected and wait for proper plans and specifications. The motion was seconded by ~r. Thayer and carried unanimously City Clerk Worthing informed the Council that bids had been solicited on a more or less amount, principally 46,500 square feet of sod, also on approximately 430 cu. yds. of muck, separately and bids received are as follows: 430 cu.y~s. MUCK 430 cu.yds. Bitter-Blue stem pulverized & worked MUCK. de- St. Augustin~e into existing soil. livered only. grass sod. Fertilized and graded 46,500 sq.ft. as base for lawn. PER CU. YD. PERCU,YD pE.R..SQ. FT. George Rhyne Sod Farm no bid no bid .05~ ~. ... Dixie Landscape & Nursery $ 2.50 " " .06~ Cart Soils & Sod 3.00 $2.00 .055~ Gold Coast Landscape & Nursery, Inc. 3.22 no bid .08~ Mike Blank Nursery 3.70. 3.00 .08~ Boone,s Nursery 4.00 2.50 .065~ City Manager Mingle called the Councilts attention to the fact that $2,000. is appropriated to this project and that included the sod as well as the muck, also that there is a difference of approximately $1,300. in the amount of money that has been appropriated and the amount of these bids as submitted and if action is taken on these bids as submitted it would be necessary to appropriate the difference between $2,000.00 and the $3,300.00 from the contingency fund. Following lengthy discussion it was moved by Mr. Sundy, seconded by Mr. Avery and unanimously carried to ~give the contract to the low bidder for the Muck, delivered only, at $2.00 per cu. yd. regardless of the amount that is ordered. It was moved by Mr. Sundy, seconded by Mr. Thayer and carried unanimously that the low bid on sod at .05~ per square foot be awarded to Mr. Rhyne, regardless of the amount that is ordered. It was then moved by Mr. Campbell, seconded by Mr. Avery and carried unanimously that money be appropriated from the contingency fund to pay the difference between that which is already appropriated for the muck and sod and what is needed. Mayor Warren informed the Council that a request had been re- ceived for the rezoning of Lots 1 & 2, Block 53, from C-1 otc C-2 classification. It was moved by Mr. Campbell, seconded by ~.~. Avery and unanimously carried to refer said request to the Planning Board for Public Hearing thereon. City Manager Mingle read the following letter from Mr. R. J. Wallace, Traveling Sales Representative of the Southeastern Greyhound Lines, dated March 2nd: "Enclosed are copies of Greyhound,s bus schedules into the City of Delray Beach. The schedule information enclosed reflects all Greyhound service locally, intra-state, and inter-state buses. For thirty years Greyhound and parent companies have been serving Delray Beach and other cities on U. S. 1 with the finest possible inter city bus service using the most modern types of buses. At present Greyhound operates forty buses into Delray Beach.~ In addition to the -4- 3-6-61 MJ~RCt! 6th, 1961. "forty regularly scheduled buses that stop in Delray Beach for loading and unloading, Greyhound also stops six other buses in Del~ay Beach to discharge passengers. These six buses are express buses from northern cities such as Toronto, Detroit, Chicago, Boston and New York. The stops of these six buses in Delray Beach in addition to the forty other schedules makes it possible for passengers in all major northern cities to ride through, no change of bus service to Delray Beach, Florida. Delray Beach is served by through bus service to all major cities east of a line from Chicago to New Orleans. "Tamiami Trail Tours, Inc. have made application to the Florida Railroad and Public Utilities Commission to operate buses on U. S. Highway # 1 from Ft. Lauderdale to Bunnell, Florida. Greyhound feels that they have in the past and are now offering to Delray Beach, Florida, adequate intercity bus service and are providing the service necessary for the public convenience and necessity. "If the City Commission of Delray Beach after consideration feels that the bus service now offered by Greyhound is ade- quate, we request that the City Commission of Delray Beach pass a resolution so stating and allow Greyhound to forward said resolution to the Florida Railroad and Public Utilities Commission." RESOLUTION NO. 1317. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, Greyhound and its predecessors have served this community for more than thirty years with adequate transportation performed by modern intercity buses and such service has benefited this community by fulfilling the travel needs of local citizens and tourists, and W/tE~S, it has corae to the attention of this Council that Tamiami Trail Tours, Inc. has applied to the Florida Railroad and Public Utilities Commission to serve this area, and P~tEREAS, there is no need for additional bus service to this community, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, in special session this 6th day of March, 1961, that this Council formally requests the Florida Railroad and Public Utilities Commission to deny the application of Tamiami Trail Tours, Inc. BE' IT FURTHER RESOLVED that certified copies of this Resolution be furnished The Greyhound Corporation for transmittal to the Florida Railroad and Public Utilities Commission. PASSED AND ADOPTED at a special meeting of the City Council of the City of Delray Beach, Florida, on the 6th day of March, A.Do,1961. ATTEST: It was moved by Mr. Sundy that the Council adopt Resolution No. 1317 and furnish copy of same to the Florida Railroad and Public Utilities Commission. The motion was seconded by ~.~. Avery and carried unani- mous ly. Application for transfer of Liquor License No. 1519 issued to the Arcade Tap Room - to Tap Room, Inc., W. Cottingham Allen, President was presented and it was reported that approval of applicantts quali- fications, resulting from the usual investigation of such a petition, -5- 3-6-61 ~,,~RCtt 6th, 1961. had been made. It was moved by ~. Thayer, seconded by ~-i~. Avery and unanimously carried to grant the request for transfer of liquor license. City Attorney Zimmerman read ORDINANCE NO. G-389. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, A~.{ENDING 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. WHEREAS it is deemed necessary for the best interests of the City of Delray Beach to revise the present rate schedule and method of billing the garbage collection service charge and established a - more uniform system of rates for the collection of garbage and waste, and NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE' CITY OF DELRAY BEACH, FLORIDA: Section 1. That Section ll, (a) and (c) be hereby amended to read as .follows: ~C!asS Descr~ip~tion Fete Pe?_ Month I One Family Dwelling $ 1.00 2 Two Family Dwelling or Duplex 2.00 3 Apartment Houses $1.00 for first living Unit PLUS $0.25 per Unit thereafter. 4 Hotels (meals not served) Up to 25 rooms 2.00 Over 25 rooms 3.00 5 Hotels (Meals served) Up to 25 rooms (Plus restaurant fee) 2.00 Over 25 rooms (Plus restaurant fee) 3.00 6 Restaurants and Lunch Counters Less than 50 cu.ft, per week 2.00 At least 50 cu.ft, but less than 100 cu.ft, pe~ week 5°00 At least 100 cu.ft, but less than 300 cu.ft, per week 8.00 Over 300 cu.ft, per week 15.00 7 Offices (minimum per group $1.00 per month) Each .25 8 Commercial or Business Establishments (Having less than 50 cu. ft. per week) 1,00 (More than 50 cu.ft, but less than 100 cu.ft.per wk)3.00 (More than 100 cu.ft, but less than 300 " " " ") 7.00 (More than 300 cu.ft, but less than 1,000 " " " ")15.00 (Over 1,000 cu.ft, per week) 70.00 Section 2. That the monthly charges in Section 1 above shall be billed together with and as a part of the monthly statement issued by this city for water services, at the same time as such other charges, provided that such garbage collection service charges shall be itimized separately on such statement. Delinquency in the payment of these fees shall be equal to and the same as being delinquent for water billed, and the city may dis- con~tinue water service until these fees are fully paid. Likewise, discontinuance of water service at the customer's request shall also result in discontinuance of the services provided for in this ordinance. However, if water is being furnished the premises of any owner and there is no service under this ordinance furnished because of no improvements or buildings on the premises, no fee will be charged under this ordinance. The failure of a tenant or owner of any premise to avail himself of the use of city water or collection service shall not relieve him from the payment of collection service charges. The person or company in whose name the water services are being billed shall be considered and declared to be for the purpose of the enforce-. merit of this article responsible for the payment of such fees, rates, and charges therefor as are hereby established or as hereafter modi- fied by the city council of the city, except that wherein no water service is rendered and collection service is requested or deemed necessary such fees shall be the responsibility of the owner or tenant of such property. -6- 3-6-61 MARCH 6th, 1961. Section 3. Conflicting ordinances. All ordinances or parts of ordinances, insofar as they may be incon- sistent with or in conflict with the provisions of this ordinance, shall be and the same are hereby repealed. Section 4. Validating clause. If any part or portion of this ordinance shall be held unconstitu- tional, void, or unenforceable, it shall not affect the remainder thereof. Passed and adopted in special session this ..... day of -.~.---~ ..... ~ _ , 1961. Mr. Avery requested a re-hearing of the tape recording of a special meeting held on January 31st, called for the purpose of considering a proposed ordinance providing for billing Collection Service Charges, relative to his request that a public hearing thereon be provided prior to any Council action regarding said proposed ordinance. Council action did not provide for the request of Councilman Avery that such public hearing be provided in as much as a public hearing is always advertised and held on each and every ordinance at second reading thereof and on this particular issue, at the direction of the Council, the propose~ ordinance referred to here- in above was published in its entirety. ~ ~ /~ 8'y~ ~. Following ~lengthy discussion, also objections and co~nments from Mr. Charles Wick, Mrs. Jeanne Mattson, Mr. Frank Constans, Mr. Gene Constans, Mr. Ben Adams, Mr. Kenneth Kursell & Mr. Paul Knowles it was moved by Mr. Campbell that amended Ordinance No. G-389 be adopted~ 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 ORDINANCE NO. G-392. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA' A~SENDING PARAGRAPH TWO OF ORDINANCE NO. G-381, '~ PERTAINING TO THE PARKING OF TRAILERS TO PROVIDE FOR THE USE OF TRAILERS TO HOUSE EMPLOYEES IN CERTAIN AREAS OF THE CITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLL0~: SECTION 1. That paragraph two of Ordinance No. G-381 of the City of Delray Beach be amended to read as follows: "2. CONDITIONAL USE OF TRAILERS. (1) No automobile trailer or conveyance designed or equipped to be used as a temporary or permanent residence shall be used as living quarters in a residential, business or similarly built-up ~rea within the city limits. Such trailers may be used to house employees on golf courses located in outlying areas of the city, and on similarly located property, providing the following require- ments are met: (a) Mobility of the vehicle used shall be maintained at all times. (b) Such mobile homes or trailers shall be placed in secluded areas which would not disturb adjacent property owners in the use of their land. (c) sanitary Facilities, water supply, and electric power supply shall meet all existing standards. (2) Any person desiring to locate and use mobile homes or trailers as outlined above shall make application to the City Council for approval. A public hearing will then be held as under conditional use procedures." Passed and adopted on the ._.__....._day of ~ ~ ~, 1961 It was moved by Mr. Thayer, seconded by Mr. Campbell and unanimously ~ carried to place Ordinance No. G-392 on first reading. -?- 3-6-61 }~RCH 6th, 1961. Mr. Thayer called attention to a newspaper article, regarding Ordinance No. G-392, as follows: "Approval is geared to appease multi-millionaire Light Manufacturer Warren G. Grimes, owner of the Delray Beach Country Club." Mr. Thayer stated that he objected to that type of article very much. Mr. Thayer also stated that he was in favor of inviting the press to all of the Council functions but if they cannot represent the things that go on, and make up things, then they are abusing the privilege. Mr. Campbell stated that he didntt believe the Council could tell the press what to print and then moved that the. Press be continued to be invited, to sit in on these caucus meetings, but that it be understood that it is an off- the-record meeting, that nothing will be printed as a result of sitting in on those meetings. It will be for background purposes only. If they wish to attend, fine. If they dontt, that is up to them. The motion was seconded by Mr. Thayer. Following discussion and upon call of roll, Mr. Campbell, ~. Sundy, Mr. Thayer and Mayor Warren voted in favor of the motion, Nm. Avery abstained from voting. City Clerk Morthing read RESOLUTION NO. 1316. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ORDERING THE CONSTRUCTION OF STORM DRAINS FOR THE AREA KNOWN AS "STORM DRAIN- AGE SYSTEM - N.E. SECOND STREET OUTFALL", AS SHOWN ON STORM DRAINAGE SYSTEM SURVEY FILE T.F. 1868 tGI-l, .TOGETHER WITH INSTALLATION OF CATCH BASINS, MAN-HOLES AND APPURTENANCES IN CONJUNCTION WITH SUCH STORM DRAINS. (Copy of Resolution No. 1316 is attached to and made a part of the official copy of these minutes)(See pages 88-A thru 88-G for copy of Res.) It was moved by M_r. Sundy, seconded by ~. Thayer and unanimously carried ~that Resolution No. 1316 be adopted. ~h~. Campbell, Chairman of the Recreation Building' Committee, reported that there had been a recommendation fbom the architect that' the flooring that was to be used on the Gym floor is not to his liking and he has recommended an entirely different type of floor, one that is based more or less on a rubber sponge and is only held at the sides, and is a much better deal and will cost approximately ~600.00 more; also after giving considerable thought to this the committee recommends that it be done, and Mr. Campbell so moved. The motion was seconded by ~. Avery and carried unanimously. City Clerk Worthing read the following Planning Board report, dated March lst: "On Feb. 28, 1961 the Planning and zoning Board held ~hearings on the following zoning requests which were considered as one hearing due to the proximity of the property. "Lot 23, Block D, Palm Beach Shore Acres, Delray Beach, Florida. "Lot 21, Block D, Palm Beach Shore Acres, Delray Beach, Florida. "Thirteen different people were notified covering both hear- ings. 'Four persons notified were present. Attorneys John Adams and Mr. Gezelschap were present representing two others notified and not present. Mr. Barden on Ocean Blvd. diagonally across from Lot 21 on the West side of Ocean Blvd. objected strer~uously. A letter from Clara K. Berkey also objected. "Four persons not notified appeared at the hearing and one letter was so received. All these were residents along Southways. They all objected strenuously. "Mr. Adgate Lipscomb speaking for the Beach Taxpayers League entered strenuous objection to any rezoning East of the Waterway. "After due consideration the Board voted unanimously to deny the request for Lot 23 and so recommend to the City Council. "The Board further recommends that the request to rezone Lot 21 be denied since the Board feels that there is no need for further encroachment by R-3 at this time in this area. This vote was likewise unanimous. -8- 3-6-61 Mr. Roig asked again that consideration of said rezoning petition be postponed for one week in order that his attorney may be present to present his case. Mr. Campbell moved that the former action concern- ing said request for postponement be rescinded and that the applicant~s request be granted in the delay of one week for consideration of this matter. The motion was seconded by ~. Thayer and carried unanimously. City Clerk Worthing then read the following Planning Board re- port, dated March 1st, 1961: "On February 28, 1961 the Planning and Zoning Board held a public hearing on a request submitted by ~-~. Earl Wallace for the abandonment of that portion of N. E. 7th Court lying between N. E. 5th Avenue and N. E. 6th Avenue. "~ir. John Adams, attorney for Earl Wallace, informed the board that Mr. Case had withdrawn any objection to the re- quest. No other objectors were present. "The Board unanimously voted that the request be granted provid- ing that necessary utilities or easements are included if ne- cessary." It was moved by Mr. Sundy that the portion of N. E. ?th Court lying between N. E. 5th and N. E. 6th Avenues be abandoned subject to agreement providing for necessary utilities or easements.. The motion was seconded by Mr. Avery and carried unanimously. City Clerk Worthing read the following Planning Board report, dated March 1, 1961: "On Feb. 28, 1961 the Planning and Zoning Board held a hearing on a request submitted by Paul S. Knowles and the Sanclar Realty Corp. for the abandonment of a small~portion of N. E. 6th Street extending Westerly from N. E. 5th Avenue to the Easterly line of the FEC R/W a maximum distance of approxi- mately 74 feet. This is presently completely undeveloped. "The Board unanimously recommended that this R/W be abandoned providing that necessary utilities or easements are included if necessary. It is so recommended to the City Council. "Mr. Knowles as a member of the Board abstained from any vote°" Mr. Campbell moved that the portion of N. E. 6th Street extending westerly from N. E. 5th Avenue to the easterly line of the F.E.C. R/W be abandoned subject to provision of necessary easements and also wanted the fact stressed that the City has no right to sell these properties as the question has been raised as to why the City would not sell these abandoned rights-of-way. The motion was seconded by Mr. Sundy and carried unanimously. City .Clerk Worthing read the following 'report from the Planning Board, dated March 1, 1961: "On Feb. 28, 1961 the Planning and Zoning Board considered the request for permissive use for the construction and operation of a Jordan Baptist Church and educational build- ing on the following described lands: "The West 75 feet of the North 160 feet of the North half of the South half of Lot 5, Section 8-~6-~3, Delray Beach, Florida. "The Board considered this request very carefully from all the information available, and came to the conclusion that despite the fact that land could be purchased to the south of their present property providing access, etc. that insufficient area exists to warrant a church and religious educational building as a permissive use on this land." -9- 3-6-61 MARCH 6th, 1961. It was moved by ~. Campbell to sUstain the recommendation of the Planning Board and deny said request for permissive use. The motion was seconded by M~. Thayer and upon call o£ roll, M~. Campbell, Mr. Sundy, Mr. Thayer and Mayor Warren voted in favor of the motion, ~. Avery abstained from voting. City Manager Mingle presented bills for approval as follows: General Fund $ 62,62?.98 Water Fund - Operating Fund 7,939 01 Special Assessment Fund 4,596~90 Refundable Deposits Fund 1,464.70 Beautification Fund ~80. O0 Improvement Fund 50,701.33 On motion by ~. Thayer and seconded by Mr. Sundy the Council unanimously approved payment of said bills. Mayor Warren informed the Council that it had been recommended that a committee be appointed, to include the City Attorney, to study and submit for Council approval, a proposed ordinance author- izing disposal of old municipal records not required by State Statutes and Cha~ter requirements to be retained. Mayor Warren then appointed said committee as follows: City Manager Mingle, City Clerk Worthing, Director of Public Works Fleming, City Attorney Zimmerman, Finance Director Gessler, Councilman Avery, Business~ Counsel Robinson and Building Inspector Hughson. Mr. Campbell moved that the Mayor appoint a committee of three, one member of the Council, one member from the Planning Board and Mr. Worthing, to study the possibility of annexing properties adjoin- ing our borders through the method provided by the state law and particularly that section that permits annexation by notice where under ten owners are involved, being Section 185. The motion was seconded by Mr. Thayer and carried unanimously. Mayor Warren then appointed said committee as follows: Councilman John Thayer, Planning Board member Stuart Lankton and City Clerk Robert Worthing. The meeting adjourned at 10:20 P.M. on motion by Mr~ Campbell. City Clerk AMENDHENTS TO MINUTES OF P~RCH 6th, 1961 COUNCIL MEETING. (1) Paragraph one of page one should include Councilman John A. Thayer as being present. (2) Page 7, immediately following reading of Ordinance No. G-389 by the City Attorney, amended to read as follows: Mr. Avery: "Mr. Mayor, in view of the fact that this Council, at a special meeting the date of which I have asked Mr. Worthing to look up and which is a matter of official record, on tape and in minutes and everything else, that this Council tabled this with the assurance to the public that it would be publicized in detail, and discussed in a public meeting before the ordinance was drafted., an assurance to which this Council did not comply, I move that this ordinance be dropped completely until we can keep faith with the public." Mayor Warren: "~. Avery will M~ Worthing give us evidence of that action that we took?~' ' ~. Avery: "Hots looking that up if you care to wait." Mr. Sundy: "Mr. Mayor, Did I understand the City Attorney that it was published." City Attorney: "It was published in full before this public hearing. Mr, Avery: "Mr. Mayor, at this meeting this Council passed resolution and gave assurance to the public that this would be publicized be- cause we chewed over this thing, that it would be publicized in detail and a public hearing held before the ordinance was drafte~ That was not done." Mayor Warren: "Mr. Avery, this has been publicized according to the City Attorney and also has been publicized on the front page, the editorial section and in other newspapers, I therefore decls, re this a he,ring on this ordinance and if there is anyone in the audience that has an interest in this ordinance, an~ we will hea~ from Mr. Worthing in due time, and we will now hear from the public who has every right to be heard in this hearing." DISCUSSION AND COMMENTS: FROM THE PUBLIC. ~.~ Avery: "Mr. Worthing has ascertained the fact that a special meeting was held on January ~lst for the purpose of passing emergency ordinance on this thing, which I, myself, protested. I hereby ask. that the tape of that meeting be procured and read to get this assurance for which this Council has not applied." Mayor Warren: "tghat do the minutes bring out, Mr. Worthing." Mr. Worthing: "I don't have the minutes for those back meetings. What is the question sir?" Meyo~ Warren: "Whether, and in which manner we deferred action on this ordinance on January 31st and whether we did not comply with the request or the motion or whatever it was that was ma~e pertaining te it." Mr. Worthing: "On January 31st when a proposed ordinance was pre- sented to you for consideration at a special meeting at 9:00 A.M., on Tuesday, by action of the Council, possibly encouraged by cormnent from the floor, that was deferred in' orde~ that a proposed ordinance might be advertise~ in full prior to adotPion consideration. The proposed ordinance was resubmitted ~n ~eb~ua~y l~th, advertised in its entirety, at the request of the Council, and on the 2?th came up fo~ second and final ~eading a week ago tonight and was deferred until this meeting in o~de~ that item 3 identified as Class S be amended in a manner familia~ now to ~11, and is now up for second and final reading." 3-6-61 I~ARCH 6, 1961. Mr. Avery: "Mr. Mayor, the point I made, and he did not read from the minutes, the point I made was that a motion was made and seconded and passed that this be deferred with the assurance to the public that this would be publicized in detail and a public hearing held before the ordinance was drafted. That is a matter of record, it is on a tape. I ask tha~ that tape be brought in and listened to, to verify it because it is the truth, before we take any further action." Mayor Warren: "What is the pleasure of the rest of the Council, do you have any recollection?" Mr. Campbell: "Mr. Mayor, there was a hearing last week and because of the opposition to the third section, it was studied in detail, it was the only thing that, last week, was discussed in detail, we had a letter from a gentleman who is here tonight asking that the consideration be given to the small or rather to the apartment houses, and it was changed from a $2.00 base to a $1.00 base and his other recommendation of .2~ a month was accepted. Our City Finance Director checked every apartment house in the City to see where that would take us. It was decided last week that we would advertise that section again with the change and it was advertised. It was requested that the newspapers give as much publicity as possible in their news columns to the request and I am sure that was carried out and the hearing tonight is to complete, to listen to the floor and and then to take action." FURTHER C O~.~N TS FROM THE PUBLIC. Mr. Avery: "Mr. Mayor, I sincerely request that the tape be heard on the meeting of January 31st, where we gave the public the assur- ance that this would be publicized in detail and a public hearing held before the ordinance was drafted. Three weeks ago when this first reading of the Ordinance was made, I brought this up and was completely ignored. I asked that that tape be heard and then the City Attorney tell us whether we have complied with that thoroughly before we take any further action on this." Mayor Warren: "Mr. Worthing is the tape available?" ~4r. Worthing: "The tape is availabl~ but I tm sure the Council knows of the action taken." Mr. Campbell: "Other action was taken thereafter." Sir. Avery: "But we have been in violation of this all the time and I made the point three weeks ago. We gave the assurance to the pub- lic that a public hearing would be publicized in detail and a public hearing held before the ordinance was drafted, Sir. Mayor and I ask to hear the tape to prove me right or wrong." Mayor Warren: "What is your pleasure, gentlemen." Mr. Campbell: "I would suggest we grant Mr. Avery that he is right, but that further action was taken by the Council, the items have been advertised in detail, as I said before it was advertised before last week's hearing and the change was advertised, in accordance with law, for this week and if there is no further action I call for the motion. ~r. Avery: "r,~r. Mayor, in rebuttal to that I am entitled to an answer to that. They lulled .the public to sleep with the idea that a public hearing will be held on the second and final reading, but the actual thing that exists is that once the public hea~ing is held and then a whole lot of red-tape and deferring for another week and another week and another week so it gets to be in the nature of a steam roller. Now, we did not keep faith with the public from this first assurance we gave them. They were allowed to be lulled to sleep. I dontt think they have been treated right. I think that this Council in the way they have considered this is a farce, Mr. Mayor." Mayor Warren: "~. Avery, we have heard you out, now we will go to the Council for any action that they wish to take. What is your pleasure." 3-6-61 RESOI~I}YION NO. 12316. A REbeLlION OF THE CITY COUNCIB Olm THE CITY OF DELRAY BEACH, lmLOI~IDA, ORDERING THE CON- S?RUCTION OF STORM DRAINS ~OR ?I~ AREA KNOWN AS "STORM DRAINAGE SYSTEM - N.E. SECOND STREET OUTI~AL~", AS SHOWN ON STORM DRAINAGE SYSTEM SURVEY FI~E T.F.1868 EX-I, TOGETHER D~ IN3. h~ERFAS, the City Council of the City of Delray Beach, ~lorida, did, on the 6th day of Februaru, A.D., 1961, adopt Resolu- tion No. 1310 requiring the City Manage~ to prepare plans and speci- fications for certain storm drains, and an estimate ofc~ of such i~provement to be placed on file in the office of the City Manager. NOW, THEREFOr, BE IT RF~OL~ by the City Council of the City of Del~ay Beach, Florida, that it is detem~ined to make the following described im~ovement, to-wit: COI~TRUCTION of Stomu Sewer Drains for the area known as "Sto~m Drainage System - Second Street Outfall", as sho~m on storm d~ainage system survey file T.F. 1868 EX-I, together with installation of catch basins, man-holes and appurtenances in conjunction with such storm drains, the estimated cost for which imp~ovement is $1~,000.00 and Benefited Drain Field Area determined to be described as f. ollows; being a parcel of land in Sections 16 and 17, Township ~6 South, Range ~3 East, in the City of Del~ay Beach, Palm Beach County, Florida, more particula~12 described as follows: COMMENCE at the intersection of the easterly exte_nslon of the line between the North Half (N~) and the South Half (S~) of Lot 1%, Block 83, To~n of Linton, (now City of Delray Beach) ~lorida, according to the plat thereof, recorded in Plat Book 1, Page 3, Pub- lic Records of Palm Beach County, Florida,. with the center line of the right-of-way of the F. E. C. Railway (Florida East Coast Railway), as shown on said plat; thence westerly along_said easterly extension and along the line between the North Half (N~) and the South Half {S~) of said Lot 1%, to the line between the East Half (E~) and t~e West Half (~) of said. Lot 1~; thence norther.ly along the line be- tween the East Half (F~) and the West H.alf (~) of said Lot 15, and along, the line betwee_n the East Half (E~) and the West Ha.lf (~) of Lot 1~ of said Block 83, to the ~lorth line of said Lot 1~, thence westerly 1~, weste~.ly ex- along the North line of said Lot and its tension, to the center line of the alley through said Block thence northerly along the center line of said al.ley, to the 'line between the ~orth Half (N~) and the South Half (S~) of ~ot ~, of said BlOck 83; thence wes_t.erly along the line between the North Half (N~) and the South Half (S~) of said Lot ~, and its westerly exten- sion, to the center line of Northeast Second Avenue; thence northerly along the center line of said Northeast Second Avenue to the line be- tween the North Half (N~) and the South Half (S~) of LOt 11, Block of said plat. .of Linton; thence wests.fly along the line between the North Half (l~t) and the South Half (S~) of said Lot 11, and along its westerly extension to the center line of the alley through said Block 7~; thence northerly along the cent~, line of said alley, to the North line of Lot 3 of said Block 7~, thence westerly a[$ng the North line of said_Lot 3 and its westerly extension, to th.e line between the East Half (E~) and the West Half (h~) of said Lot 3, thence southerly between the East and West Halves of Lots 3, ~, %, 6 and 7, of said Block 7%, to the Soutlx line of said Lot 7; thence weaterl~ along the $8-B South line of said Lot ? and its westerly extension, to the center line of Northeast First Avenue; thence southerly along the center line of said Northeast F~st Avenue to the westerly extension of the South l~ne of Lot l, of Block 76 of said plat; thence easterly along the sald westerly extension and alo~the South line of said ~t 1, to the l~ne between the East Half~.~) and the West Ha~ (~) of ~t 2, of sa~d Block 76; thence sou~e~ly alon~ the line between the East ~d West HalVes of ~ts 2, 3, 4, 5, ~d 6 of sa~d Block 76 ~ the southerly exte~on thereof, to the center l~ne of the East and West alley t~ou~ sald Bl~k 76; thence westerly alo~ the cen- ter l~ne of sald alley ~d lta westerly extension across Block 68 to the center lf~ of NoPth 3winton Avenue, as sho~ on said plat; thence n~the~ly alon~ the cente~ l~e of sa~d North Bw~ntcn Avenue, to t~ easterly extension of the No~th l~e of Lot 12, Block 60; thence westerly alo~ said easterly extension and alon~ ~he North l~ne of said Lot 12, to t~ line between the East Ha~ (~) ~d t~ ~est Ha~ (~) of ~t 11, of se~d Block 60; thence northerly alon~ the llne Between the East and West Halves of Lots 1~ an8 10, of said Block 60, to ~e No~th l~e of said Lot 10; thence westerly along the No~th lSne o~ se~d Lot 10 and its Westerly extension to the cen- ter line o~ the alle~ t~ou~ said Block 60; thence northe~l~ along the center line of said alley t~ the easterly ext~sion of the North line of Lot 3, cf said Block 60, thence westerly along said easterly extension ~d alg~ the North line of s$id ~t 3, to the line betveen the East Ha~ (~) ~d the West Ha~ (~) of Lot 2 of said Block 60; thence northerly along the line between the East Half (~) ~d the West Ha~ (~) of said Lot 2, to the North line of said Lot 2; thence westerly alo~ the North line. of said Lot 2, and its westerly exten- sion to the center line of Northwest First Avenue; ~ence southerly alo~ the center line of said No=~west First Avenue to the easterly extension of the North l~e of Lot 10 of Block 52; thence westerly alo~ said easterly extension and along She North line of said Lot 10, to t~ line between the East Ha~ (E~) ~d the West Half (~) of said Lot 10; thence southerl~ along t~ l~e between the East Ha~ (~) ~$ the West Ha~ (~ of said Lot 10, and between the East Half(~) ~d the West Ha~ (~) of Lot 11, of said Block 52, to the South line of said Lot 11; thence westemly along the South line of said Lot 11, ~d its westerly exte~ion, to the center line of the alley t~ou~ said Block 52; thence northerly along the center line of the alley t~ou~ said Block 52, across Northwest First Street a~ along ~e c~ter line of the alley t~ou~ Block 51, of said plat, to the easterly extension of t~ South line of Lot 1, ef said Block 51; thence westerly along said easterly extension ~d alo~ the South line of said ~t 1, and its westerly extension, to the center line of Nort~est Second Avenue; thence northerly alo~ the center line of Northwest Second Avenue to the center line of Northwest Third Street; the~e easterly along the center line of said Northwest Third Street, to the cente~ line of said Northwest First Avenue; thence southerly along the center line of said Northwest First Avenue to the westerly extension of the South line of Lot ~ of ~etca~s Subdivision of Blocks 50 ~d 58, according to the plat thereof, recorded in Plat Book 10, Page 47, Public Records of Pa~ Beach Cowry, Florida; thence easterly along said westerly extension ~d along the South line of said Lot ~, to the line between the East Ha~ (E}) and the West (W}) of said Lot ~; thence northeFly along the line between the East Ha~ (E}) ~d the West Ha~ (~) of said Lot ~, to the North line of said ~t ~; thence easterly along the North line of said ~t ~, and its easterly extension to the center line of the alley t~ou~ said Block 58; the~e northerly along the center line of said alley to the westerly e~te~ion of ~e line between the North Ha~ (N}) and the ~outh Ha~ (S~) ~f Lot 10 of said Block 58; thence easterly along said westerly extenstoD, along the line between the North Ha~ (N~) and the South Ha~ (S~) of said Lot 10, and alo~ its easterly extension to the center line of said No~th Swinton Avenue; thence northerly along t~ center line of said North Swinton Avenue to ~e westerly extension of the South l~e of Lot 8 of Block 66 of said plat; the~e easterly ~lo~ said westerly extension and along the South line of said ~t ~ to the line between the East Ha~ (~) ~d the West Ha~ (~) of said Lot 8; thenoe noFtherly along t~e line between ~e East Half (~) ~d ~e West Ha~ (~) of said Lot ~, to the South line of Lot 7 of said Bl~k 66; the~e easterly along t~e South line of said Lot 7, to t~ line between the East Quamter (E~) -2- amd the wem~ Three ~uarters' {w 3/~) of sal~ ~t 7~ the~e al~ ~e 1~' ~ea't~ East ~te~ [E~) ~ ~e West ~ee qu~s (U~) ~ ~ta 7 ~ ~ ~ lai~ Block 66 to the North line of eai~ ~t $~ ~e~e ea.terl2 alo~ ~e ~o~th line of said ~t ~ itl e~t~12 extenst~ to ~e center line of ~e alley ~ou~ sai~ ~l~k 66; thence ~o~t~rl2 alo~ ~e center 1~ of said alley to the westerly exte~lon of ~e South line of Lot ~ of said Block 66; the~e easte~l~ alo~ said westerly extension ~d along the . ~outh 1~ of said ~t 12, to the li~ between t~ East ~ee te~s (E 3~) ~d ~e West ~u~ter (W~) of said lot ~; ~ence nerth- e~12 al~ the line between ~e East ~ee quoters (E 3~) ~d the West Quoter (~) of said ~t ~, to the South l~e of ~t 11 of a~d Block $$~ the~e easterly alo~ the South l~e of said Lot 11, to ~e 1~ bergen ~e East Ha~ (~) ~ t~e West Half (~) of said ~t 11~ ~e a~~~ ale~ ~e '1~ ~e~een the East Ha~ (~) ~d the West Ha~ (~) ~ said ~t 11, to the South line of ~t 10 of said Bl~k 66~ ~e~e e~te~17 along_ t~ South line of said ~t 10 to the l~e between t~ East quarte~ (E~) ~ the West ~ee (W 3~) of .aid_~t 10~ thence nor~r~ aXon.the ~ine between the East 2ua~te~ ~) ~ the Wea~ T~ee qu~te~s (W 3~) of said ~t 10, to ~e S~t~ line of ~t ~, of said Bl~k ~ the~e easterly along the Sou~ li~e ~ e~d ~t 9 ~ its easterly extsnslon to ~e cen- ter l~e of said N~east First Avenue; ~e~e northerly alo~ center l~e of said Northeast ~irst Avenue to the westerly exte~ion of the South l~e of Lot 11, of Block 73 of said plat~ thence east- erl2 alo~ a~d westerly exte~l~ ~d alo~ the S~th line of said ~t ~, to the line be~een the Eas~ T~ee ~ters (E 3~) and West ~ter {~) of said ~t ~ thence horsefly alo~ the line between ~e East ~ee 2u~te~s (E 3~) ~d the ~est quarter (~) of ~ts 11 ~d 10 of said Bl~k 73 to ~e No~th line of said Lot 10; the~e easterly alo~ ~e NOrth line of said ~ot 10 to the l~e ~een ~e East Ha~ [~) an~ ~e West Ha~ (~) of ~t 9 of said Block ~3~ thence no~he~ly alo~ the .line be~een the East Ha~ ~) ~d ~e WeSt Ha~ (~) of ~ts 9, 8, 7, 6, ~ ~d ~ of said Bl~k $o the S~th line of ~t 3 of said Bl~k 73~ ~hence westerly alo~ ~e 3?uth ~ine of said Lot 3' to the ~ine between t~.East T~ee 2u~- te~s (E 3~) ~ the ~eat Quoter (~) of said Lot 3, ~nce north- erly alo~ the line between the East T~ee ~ters {E 3~) ~ the ~est Qu~te~ (~) of said ~t 3, to the No~th line of said ~t thence westerly along ~e No~ line of said Lot 3, alo~ its west- e~ly exte~ion across said Northeast Fi~st Avers ~d continui~ westerly alo~ ~e s~ co~se ~o~ ~ts 17 ~d 12 of Block of said plat ~d the~e to t~e center line ~ said No~th Swinton Avenue~ the~e no~e~ly al~ ~e center l~e of said North Sw~ton Avenue to the cente~ line of N~thwest F~th Street~ thence along t~e cente~ line of said Nort~at ~o~ ~treet, a dist~ce of 1~3 feet; thence no~erly, p~allel to ~e center line of said North Swinton Avenue, a dist~ce ~ 697.~ feet; thence easterly, p~allel to the center line ~ said Northwest Fourth Street to the center line of said North Swinton Argue; the~e sou~erly along the center line of said Morth ~winton Av~ue to ~e cente~ line of Northeast Fifth Street; thence easterly ~o~ the center line of said Northeast Fifth Street to the center linc'of Non,east ~i~ Avenue; the~e south- easterly ~o ~e no~t~est corne~ Of ~t 5, BlOck 13, Del ~da P~k; thence easterly alo~ the line between Lots ~ ~d 6, Block ~, Del Ida P~k ~d i~s easterly extension to the center l~e of the rift- of-way of said Florida East Coast Railway; thence southerly alo~ said cemte~ line to the POINT ~ ~I~. ~ IT ~~ ~OL~ that the entire cost of such provement shall be .h~ed by the City of De~a7 Beach, Fluids, and the foll~i~ ~esc~ibed prope~ties im ~a2 Beach, Pa~ Beach County, Florida, on a basis of Del~ Beach payl~ ~enty (~0) percent of the cost of said i~r~em~t ~d the property ~ers ~ said p~operties, sho~ bel~, payi~ eight7 (80) pe~cent of the total cost, ~ Special Assessment, except that all pr~e~ties ~fected by this proposed Drainage ~rove~nt and contained in ~ follow~ list of properties determined to be be~fXted t~e~eby, and to be'assessed thei~ p~opo~ .tic, ate shoe of ~al. cost thereof; ~Xoh p~e~ti~ ~e ~ ~~. ~~: ~~ent .~, ~~'e No~~ ~-1~ ~11..~ ~ '~ oreaxW ~ ~ ~~s p~d '~ ~ent of aasess~nta in AVmA per ~dla~:l~ .~. G-l~6 refuted, to hereina~e. 88-D BLOCK SUB-DIVISION. LOT OR PR~QP~ER_.TY_ ~ _D_E~. ~CR_IP.TION SQUARE FOOTAGE 50 Lots 1 thru 24 165,974 51 Lots 1 & 9 tl~ru 16 93,360 52 Lots 7,8 & 9 and k~ of Lots 10 & 11 40,517 58 S~ of Lot 10 3,277 58 Lots 11 & 12 13,896 58 Lot 13 & E~- of Lot '14 10,422 59 N ?5' of Lot 1 9,8?O 59 S 1.5' of Lot 1 & N ?3.5' of Lot 2 9,870 59 S 3' of Lot 2 & N 72' of Lot 3 9,870 59 N ?o.5, of Lot 4 9,277 59 $ 6' of Lot 4, all of Lot 5 & N 1.25' of Lot 6 11,021 59 S 59.25' o£ N 60.5' of Lot 6 7,797 59 B 15.7' of Lot 6 & N 50.8' of Lot 7 less S 4' of E 65.8' thereof 8,488 59 S 28, of Lot ? less N 2, of W 65.8, thereof and Lot 8 . 13,712 59 N 75' of Lot 9 9,570 59 S 1.5' of Lot 9 & N 73.5' of Lot 10 9,870 59 S 3' of Lot 10 & N 72' of Lot 11 9,870 59 S 4.5' of Lot 11 & N 70.5' of Lot 12 9,870 59 S 6, of Lot 12, all of Lot 13 & N 1.25' of Lot 14 11,021 59 S 60, of N 61.25' of Lot 14 7,896 59 s m5.7, of Lot 14 & N 48.8,. of Lot 15 . 8,488 59 S 27.25' of Lot 15 & N 21.50' of Lot 16 6,41_5 59 Lot 16 less N 21.50' 7,238 60 Lot 1 9,830 6o w.~ of Lot 2 4,915 60 Lot 7 9,830 60 Lot 8 9,830 60 Lot 9 & Eh of N 49.?' of Lot 10 13,100 60 E~ of S 25.3' of Lot 10 & Eh of E~24.7' of Lot 11 3,290 60 of S 50' of Lot 11 3,290 65 65 Lots15 & 16 and N 15' of Lot 17 16,086 66 E~ of Lot 6 1,637 66 E~, of Lot 7 & Eh of Lot 8 [~,912 66 ES of N 25' of Lot 10 819 66 E3/[~ of Lot 12 & N 25' of Lot 13 8,187 66 S 25' of Lot 13, all of Lot 14 & N 25' of Lot 15 13,100 66 S 25' of Lot 15 & all of Lot 16 9,825 66 Lot 19 7, 5OO 66 Lot 20 9,350 66 Eh of s 200, 27,80o 6~ ~ 5o, o~ s 2oo, of ~ 6,950 66 W 100' of S 50' of N 150~ 5,000 67 Lot 1 10,021 67 Lot 2 10,021 67 Lot 3 10,021 67 Lot 4 10,021 67 N 44.5' of Lot 5 5,829 67 B 31.9' of Lot 5 & all of Lot 6 14,200 67 Lots 7 & 8 20,043 67 Lot 9 & N 26.5' of Lot 10 13,492 67 S 5o, of Lot 10 6,550 67 Lot 11 10,O21 88-E 67 Lot 12 " 10,021 67 Let 13 10, OZl 67 Lot 1~ 10'021 67 ~ 65, of Lot 15 8,515 67 S 11.5' of Lot 15 & all of Lot 16 11,528 73 Lots 1 & 2; the Eh of Lot 3; the Eh of Lots 4,5,6,~,8 & 9; the E of ~ts 10 & 11 and all of ~ts 12 t~u 20 123,~3 73 Lots al, ~, 23 ~ ~ 3~,~77  LOt ~ 7 LOt 2& ~ 6' of LOt 3 3 ~' of Lot 3 ~d H ~.~' of ~t S3B.~' o~ LOt ~ & ~ 17' of LOt ~ 7,3~ ~ 8 33' of Lot ~ & ~ 22.~' of Lot 6  S ~7.~' of LOt 6 & N 28, of Lot 7 7,3~9 8 22' of Lot 7 & N 33.5' of ~t 8 7,359  s ~.5, of LOt 8 & ~ 39' of Lot 9 7,359 8 11' of Lot 9 & N ¥~.5' of Lot 10 7,359 74 & 5.5' of Lot 10 ~d all of lot 11 7,359 7~ ~t 12 7,425 7~ ~ 15 a s 6;2~, of Lot 16 7,~58 74 N 37.5' o~ Lot ~7, ell o~ Lots 18, 20 & S 37'5' o~ ~t 21 29,835 74 ~ ~2.5' of L°t 21 & all of Lot 22 8,287  Lot 23 6,63q 75 Lot 1 a N ~1' of Lot 2 15,862 75 s 3%.~, o~ ~t ~ m w} o~ ~ ~o.5, ~t 3 75 o~ ~ ~7.4' or not 3,874 75 of S 19.1' of ~t & ~ of 38N .25' of Lot 5 3,871 7~ ~ or s 3e.~, o~ ~ ~ · ~ o~ Lot 6 7,~ 75 ~ o~ ~t 7 75 N 5~' of Lot 10 6,885 75 8 25.5' of ~t 10 & N 38.25' of ~t 11 8,539 76 ~ of Lot ~ 4,668 76 W~ of Lots 3,4,5 & 6 18,672 81 Lots 1 & 2 ~,0~ 81 Lots 3 R ~ 13 510 81 Lot 5 6~755 81 Lots 6 & 7 13,510 81 ~t 8 6,7~5 81 Lot 10 755 8~ ~t n 75~ 8~ ~t ~ 7,3~8 81 Lot 6.75~ 81 Lot 19 6,755 81 ~t 20 & S~ of Let 21 10,132 81 N~ of Lot 21 R all of Lot 22 10,132 8~ ~t ~ 6, 8~ ~tz5 6,755 81 Aot 26 6,755 81 W 50' of ~ts a7 a 28 5,212 81 Lots 27 a 28 less W 50' 8,956 88-F 82 Lots i th~u 12 82,681 82 LOtSl135 & 14 13,510 82 Lot 6,755 82 Lots 16 & 17 13,510 82 Lots 18 thru 23 40,530 or 58, or Lot 82 Lot ~ less W ~.6~' of N 5fl' ~'207 83 Lot 1 & N 18.5~ of ~t 2 less ~ irregular strip 12,507 83 S 201 of N 38.5~ of Lot 2 plus an irregular stri~ & less ~ irre~lar strip 2,700 83 N 18.8' of 338~ of Lot 2 plus an irregular strip 2,856 83 S 19.2' of Lot 2 2,592 83 N 34' of Lot 3 ~ 4,590 83 N 33.7' of S 42.5' of Lot 3 ~,549 83 S 8.8, of Lot~3 & N 26.35' of Lot 4 4,~49 83 S ~1.90' of N~ of Lot 4 1,606 83 Lots 9 & 10 20,655 83 Lots 11 & 12 20,655 83 Lot 13 10,327 83 E~ of ~t ~ & E~ of N~ of Lot 15 7,745 89 Lots 1 & 2 5,701 89 Lot 3 2,850 89 Lots 4 & 5 5,701 89 Lot 6 2,85o 89 Lot 7 2,850 89 Lots 8 & 9 5,676 89 Lot 10 2,~33 89 Lot 11 2,830 89 Lot 15 2,826 89 Lots 16 & 17 _5,372 89 Lots 18 t~u 28 ~3,278 89 Lots 29 t~u 37 30,600 89 Lots 38,39 & 40 & N 9.65' of Lot 41 10,158 89 S 15.35' of Lot 41 & all of Lots 90 Lots 1 thru 8, West of Railroad 30,282 90 Lots 9 & 10, " " " 6,300 90 ots 5,875 11 & 12, " " " 9090 LotsL°ts ,' " " " 5~ 07% 90 Lots 17 & 18, " " " 4,665 ~ " " " 13,846 90 ~ts 19 t~u ~, 91 N 153~ of triangular strip ~between Block 83 & Rai~oad 7,3~ 91 S 76.5' of N 229.5' of tri~gul~ strip between Block 83 & Railroad 2,295 91 S 151.~ of trian~lar strip between Block83 & Rai~oad 1,818 6 Del Ida Park Lot 1 ~,292 " " " " Lot 2 7,500 " " " " Lot 3 7,500 " " " " Lot 4 7,292 " " " " Lots 5, 6 & 7 18,000 " " " " Lot 8 6,000 " " " " Lot 9 6,000 " " " " Lots 10 & 11 12,000 " " " " Lots 12 & 13 15,032 " " " " Lot ~ 7,620 " " " " ~t~ 7,412 " " " " Lot 16 6,000 " " " " Lots 17 t~u 22 36,000 - 6 ~ 88-G 7 Del Ida Park Let 1 6,092 " " " " Lot 2 6,300 " " " " Lot 3 6,300 " " " " Lot54 6,092 " " " " Lot 6, O00 " " " " Lots 6 thru 10 35,962 " " " " Lots 11 & 12 less W 10~ thereof 12.622 " " " " Lot 13 & ~¢ 10~ of Lots 11 & 12 ?,200 " " " " Lot 1~_ 6,000 " " " " Lots 15, 16 & 17 18,000 13 Del Ida Pa~k Lots 1 & 2 11,792 " " " " Lets 3 & ~ 12,000 " " " " Lot % 6,000 Section 8-~6-43 E 123' of S 100' of E~ of Lot 12 less E 33' R/W 9,000 " "" " E 123~ of N 150' of ~2~.,0' of Lot 12 less E 33fS~. 13,500 of " "" " E 123f of N 210f of ~6,0~ of Lot 12 less E 33'Smlw 18,900 of " " "" " E 123~ of S 100t of N 200' of E} of Lot 12 less W 300t & less E 33' R/W 9,000 " " "" " E 123t of N 100' of E~ of Lot 12, less E 33' R/W 9,000 " "" " E 123f of S 3?.%' of E 30?.09' of Lot 11 less E 33' R/W 3,375 Florida East Coast Railroad R/W bound on the East by the center line of said R/W; on the North by the easterly ex- tension of the North line of Lot 5, Block 13, Del Ida Park; on the West by the westerly lineof said R/W ~nd on the South by the easterly extension of the east-west center line of Lot 15, Block 83. 112,268 said benefits to be determined within the Drain Field area in propor- tion to the benefits which will accrue to said lands. AND BE IT FURTHER RF~0L~ that said special assessments against all of the lots and lands as set forth herein, which are specially benefited, shall be and remain liens superior in dignity to all other liens, except liens for taxes, until paid, from the date of the assessment upon the respective lots and parcels of land assess- ed, and which shall bear interest at the rate of eight (8) per cent per annum, and which may be paid in three (3) e~ual yearly install- ments with accrued interest on all deferred payments. Payments shall be made at the same place that taxes payable to the City of Delray Beach are paid, namely, at the office of the City Tax Collector, and upon failure of any property owner to pay any annual installment due, or any psmt thereof, or any annual interest upon deferred payments, the City of De]may Beach may bring necessax,y legal proceedings by a Bill in Chancery to enforce payment thereof with all accrued interest, together with all legal costs incurred, including a reasonable at- torney,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 Clt2 Oouncil shall sit at the City Hall, in the City of De]may Beach, Florida, at 8:00 P.M., on Monday, March 6th, 1961 for the purpose of hearing objections, if any, on said proposed improvement, as set forth herein. PASSED AND ADOPTED by the City 0ouncil of the City of Delray Beach, Florida on this the 6th day of March, 1961.