Loading...
06-12-61 JUNE lZ, 1961. A regular meeting of the City Council of De~ay Beach was held in the Council Chambers at 8:00 P.M., with Mayor George V. Warren in the Chai~, City Manager George Mingle, and Councilmen A1 C. Avery, Dugal G. Ca~q~bell, Glenn B. Sundy and John A. Thayer being present, An opening prayer was delivered by the Rev. J. W. Nabors. It was moved bY ~. Campbell, seconded by ~'~. Avery and ca~ried unanimously that Attorney John Ross Adams be appointed City Attorney. Mayor Warren then invited Attorney Adams to sit at the Council Tablet M~. Sundy moved that Attorney James Nowlin, Jr. be appointed as Municipal Judge to fill the unexpired term of Attorney Adams. The motion was seconded by M~. Thayer and ca~rted unanimously. Mr. Avery then moved that Attorney William Carpenter be appointed to serve out the unexpired term of Attorney Nowlin as Judge Ad-Litem. The motion was seconded by Mr. Thayer and carried unanimously. It was-moved by Mr. Campbell, seconded by Mr. Sundy and unani- mously carried that the minutes of May 22nd & 29th and June 5th, 1961 Council meetings be approved as submitted. Mayor Warren read the following items from June 8, 1961 minutes of the Beautification Coz~aittee Meeting: "1. A motion was made by Mr. Lankton, seconded by Mr. Santo, that the Secretary proceed with the entrance signs, these signs :~o be of old red brick with an inserted ~Delray B~each~' in' Old' English lettering made of Harborite, letterin~ in -.black with a white background, after receiving a~proval 'of' '.the attached .plain .from the City Commission. Motion paSSed ' unanimously. "2. 0hairman Britt appointed herself and M~. Sante to prepare a .budget for inclusion in next year~s city budget for parks and 'landscaping,~ ' "3. The Committee accepted with regrets the resignation of Mr.~J. Ross Adams. In its acceptance, the Committee expressed ~its appreciation to Mr. Adams for his fine service in the past." Concerning Item 1 above, Mr. Avery moved that the design as submitted by'the Chamber of Commerce through the Beautification Committee be approved and that the Oham~er of Commerce be .thanked~ for their~ donation. The motion was seconded by Mr. Thayer and carried unanimously. Mayor Warren read-the following letter regarding Oivil Defense, which letter was signed by nineteen residents: "we need to know many things shoul~ we be threatened~ with radiation fallout. We, the undersigned, are interested in knowing what you, as Mayor, and therefore the head of Civil Defense in Delray are doing in that capacity. We have been able~ to obtain no information about this with telephone Calls to the City Hall. "We are interested in knowing what we are to do in case of an atomic emergency,. We do not even know what type signal listen for.. Will it be a whistle, bell, siren, or what? "What ~prov is ions have been made to shelter our children should' they be in schools at this time? Are' the~e plans to build shelters at the Schools? If not, what procedure should we ~£~llow? "Please give the public some info~mation thru the newspapers a~d the ore, client radio ,tations in the area, and thru the JUNE 12, 1961. Civil Defense classes being held at Seacrest High School. The people con4ucting these classes have no information on you~ local plans which handicaps them no end." Mayor Warren announced that by the next Council meeting an en- deavor would be made to locate citizens within Delray Beach who have had some experience in this and that there will be a Civil Defense Program in Delray Beach. It was suggested that the school authori- ties may have an answer to some of the questions concerning this. Mayor Warren announced that October Z~th will be the eleventh anniversary of United Nations Day and that all cities and communities have been asked to proclaim that day as such, and that at the next regular council meeting committees will be appointed to see that the day is properly recognized. Mayor Warren read the following letter received by Councilman Avery from Dr. & Mrs. A. G. Schlink: 'We see by the Delray News that the' Council is considering placing a bowling on the green facil~ty in the City Park. We wish to back this effort whole hesl~cedly and hope you will urge this Council effort. I'Ve have talked to other Delray friends and they are also enthused." City Clerk Worthing read the follOWing Planning Board Report concerning rezoning of Block 73, dated June 6th~ "The Planning/ZOning Board met on Tuesday, JUne 6th, at 9[30 A.M., with Vice-Chairman James I. Sinks and Board Members Col. Andrew Fabens, Richard Hanna, Richard Jebb and Stuart Lankton being present. "Following general discussion concerning the proposed develop- ment of Block 73, as requested by the City Council at its Spec- ial Meeting held on Monday, June 6th, 1961, Board Member Lankton moved for endorsement and approval of the proposal by the Council as contained in the minutes of said meeting regarding the plans submitted for development of Block 73 and, further, that the part of the North-South alley therein, from 4th Street southerly to the south line of proposed building be abandoned subject to grant of easement for public utilities over, under and across said 16 foot strip (alley) and further for providing ingress and egress over the public Parking area for utility trucks. Motion was seconded by Col. Pabens and upon Roll Call - Messrs. Lankton and Fabens voted in favor thereof, Messrs. Hanna, 'Jebb and Sinks being opposed.. Motion did not ca~y. "There followed further discussion and review of the proposed construction plans submitted by )~. Haggart, and the Board, on motion of M~. Hanna, seconded by }~. Jebb, unanimously approved and strongly urged the REZONING of the West half of Block 73, together with Lots 22, 23 and ZI~ therein, from R-2 to. C-2 Classi- fication, conditioned upon the plan for development of the entire Block 73, as presented by Mr. Haggart at the recent Public Hear- ing held by the Zoning Board on May 4th, 1961,concerning possible rezoning of part of said Block 73, and further subject to the following ~Agreement of Limitations~ as offered by~ Mr. Haggart, which, in the opinion of the Board, after careful study, to be for the best development of the immediate area and in the best interest of the City as to future development and expansion of the general area: 1. ~To improve the entire block in accord with the plan of development hereto attached and made a part of this agreement. 2. Should I sell all or any part of Block 73 prior to the consumation of the attached plan I would stipulate that this agreement recorded with the Clerk of the Court of Palm Beach County would be binding on my successors or assigns. 3. In event conditions beyond my control make it im- possible for me to construct the improvements as -2- 6-12-61 JUNE 12, 1961. "shown on the attached plan of development within a period of ten (10)years, then the lots in Blk. 73 would revert toa classification of ~. I further agree that when developed pursuant to the plan attached I will not permit any of the follOWing C-2 uses in the block. (a) Automobile Sales Rooms with custom~ry service department. (b) Automobile Repair and Servicing Garage. (c) Wholesale Bakeries. (d) No ~esidential development, boarding or ~ooming houses. (e)' Bowling alleys, pool and billiard halls, skating rinks and similar establishments. (f) Bus tex~inals. tg ) Comauercial Green Houses. h) Mortician, Funeral Chapel. (i) Public Garage. J) Retail fai-m implement and tool store. tl) Warehouses. t~l Walled Storage. 'No business that will be objectionable because of odors, noises, fumes, smoke, gases or vibra- tions, t "As an alternate recommendation - Zoning Board Member Mr. Hanna moved t.o propose to the City Council that the intended building oonstruCtiOn,~ as reflected in the plans recently submitted by Mr. Hag~a~t~ ~be located~on Lots 22, 23 and PJ%,~ of Block 73, and facing east"With parking facilities to serve the tenant of the proposed building being provided on Lots 1, 2' and3 of said Block 73' and the public parking provision of 36 spaces be furnishe'd 'as proposed at the City Council meeting; that the alley not be abandoned; that the. area provided 'for parking of the proposed buildingfs tenantls automotive equipment on Lots 1,2 and~ 3 be walled, as proposed, and that the north- south alley, tlt~oughout the Block, be paved to City specifi- cations. ''Motion seconded by Mr. Jebb and unanimously carried." Mr. Campbell. then moved to acknowledge receipt' of the report and further moved that it is not the opinion of the Council that it is in the best interests of the City to g~ant the rezoning of the entire Block 73 as suggested in the first part of the report. The motion was seconded by Mrs,~ Thayer and carried unanimously. Mayor Warren then asked City Clerk Worthing to read the following Ordinance and also the following agreement concerning Block ?3'.' EMERGENCY ORDINANCE NO. G-398. AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE · CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LOTS 1, 2,3, 22, 23 and 24,BLOCK ?3, IN "C-2" DISTRICT, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA', 1960". WHEREAS, the City COunc'il of the City of Del~ay BeaCh, Florida deems it necess'a~Y:'for ~'the best interests of the City to enact this. Ordinance .'On an'Emergency basis to :insure the immediate preservation of the public Safety, welfare and convenience by providing for a more suitable site for the proposed location~Of a Post Office,· ' NOW~ THEREFORE, BE IT ORDAINED B.Y THE' CiT~ ~O1]~0IL OF THE CITY OF DELRAY'BEACH,' FLORIDA, AS FOLLO~. SECTION I. That the following desaribed property in the City of~ ' Del~ay Beach, Florida is hereby remOVed and :placed' in "0-2 (General Commercial District)", as defined in Chapter a9 of the Code of Ordinances fo~ the city 'of. ~' ' '" Delray Beach, Florida, to-wit: · Lots 1~ 2, 3, 22, 23 and 24, Block 73, Del~ ~each, Fla. according to Plat -3- 6-1~-61 20O JUNE ~2, 1961. Book lZ, Page 62, on file in the Office of the Clerk of Circuit Court in and for Palm Beach County, Florida. SECTION 2. That 'the Building Inspector of said City shall, upon the effective date of this Ordinance, change the "Zoning Map of Del~ay Beach, Florida, 1960", to con- form with the provisions of Section 1 hereof. SECTION 3. This ordinance shall take effect immediately upon becoming a law. PASSED AND ADOPTED on first and final reading in regular session on this the 12th day of June, A.D. 1961. AGREE~.~NT RESTRICTING THE USE OF CERTAIN LANDS LYING IN BLOCK 73, DELRAY BEACH, FLORIDA, ACCORDING TO PLAT BOOK 12, PAGE 62, ON FILE IN THE OFFICE 0F THE CLERK OF CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA. This AGREEMENT made the 12th day of June, 1961, by and between the CITY OF DELRAY BEACH, FLORIDA, hereinafter called the "City", and WILLIAM R. HACK)ART, hereinafter called the "Owner", WITNE~ SETH: WHEREAS, William R. Haggart is the fee simple owner of all of Lots 1, 2, 3, 22, 23 and 24, Block 73, Del~ay Beach, Florida, accord- ing to Plat Book 12, Page62 on file in the Office of the Circuit Court in and for Palm Beach County, Florida, and WHEREAS, the aforesaid property is presently zoned R-2 (two family dwelling district), and said William R. Haggart has requested that the zoning of said lots be changed to 0-2 (general commercial district), subject to certain conditions and restrictions, hereinafter specifically set forth, and WHEREAS, the "City" deems it for the best interests of the citi- zens of Delray Beach, Florida, to rezone the aforesaid property, sub- Ject to the hereinafter mentioned conditions and restrictions, in order to insure the public safety of said citizens by providing a more suitable site for the location of the Post Office to be con- structed by said "Owner", NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED, IT IS HEREBY AGREED AS FOLLOWS: 1. The "City" agrees to change the zoning classification of the aforedescribed real property from R-2 to 0-2; SUBJECT, however, to the covenants, conditions and restrictions herein contained to be performed by and to apply to the "Owner". 2. The "Owner" covenants and agrees, for himself, his heirs, per- sonal representatives or assigns, as follows: (a) That the "Owner" will permanently dedicate the North fifteen (15) feet of Lots One (1) and Twenty-four (24) of the afore- described real property to the "City" for right-of-way purposes. (b) That the proposed Post Office Building shall be constructed on a portion of the aforedescribed Lots 22, 23 and 24 and shall be located not less than seventy-five (?~) feet south of the center-line of Northeast Fourth (4th) Street, and that there shall be a driveway on the North side of said proposed Building. (c) That Lots 1, 2 and 3 of said real property shall be used as a parking area for proposed Post Office automotive equipment, and said area shall be walled in with a wall not less than Six (6) feet in heighth of a type of construction agreeable to the present City Council. -4- 6-12-61 (d) That a wall of similar type' as..~hat provided in paragraph 2 (c) above shall be constructed so as. to.~extend Southerly from the South wall enclosing Lots 1, 2 and 3 of said property to Pcutheast Third Street; said wall to be constructed on the west side of a North- South alley to be provided over the East sixteen (16) feet of Lots One (1) through Twelve (12) inclusive of Block 73 being dedicated for such purpose by ~he "Owner" thereof. (e) That a public parking area to accomodate not less than Thirty-six (36) cars with proper ingress and egress shall be provided adjacent to and South of the proposed building; and that said parking lot shall be maintained as such, for the period of Post Office tenancy within the confines of Block 73, as hereinabOve 'described. (f) That the proposed building to be constructed shall face . . south; and that the entire area occupied by the Post Office, includ- ing the public parking area, shall be properly landscaped. (g) That a wall shall be constructed' along the North line of the property and not less than Forty ([~0) feet from the center-line of Northeast Fourth Street, which wall shall extend from the alleyway to be provided, as set forth in paragraph 2 (d) herein, easterly to a point not in conflict with provisions of Ordinance No. G-390, said wall to be constructed of sufficient strength and suitable design, agreeable to the present Ci%7 Council. (h) That no material or debris shall be placed on the Northeast First Avenue side of Block 73 during the period of construction herein referred to, except.~'in that walled'in parking lot area described in paragraph'2 (c) herein. (i) That in the. future development of any portion of said Block 73 which ~now or'hereafter is zoned 0-2, the following uses, normally permitted in a C-2 District, will be prohibited: (1) Automobile Sales rooms with customary service department. (2) Automobile repair and servicing garage. '. (3) Wholesale Bakeries. '(4) No residential development, boarding or-rooming houses. (5) Bowling alleys, pool and billiard halls, skating rinks and similar establishments. (6) Bus terminals. (?) Comm. orcial green houses. (8) Mortician, funeral chapel. (9) Public garage. (10) Retail farm implement and tool store. (11) Second hand ca~ lot. (12) Warehouse° (13) Walled storage. (1~) No business that will be objectionable because of odors noises, fumes, smoke, gases or vibrations. (J) That the "Owner"~ further agrees that this fAgreementl may be recorded with the Clerk of the Circuit Co~t in and for Palm Beach County, Florida, and that the cover~uts, .conditions and ~estrictions contained herein may be enforced by the #Oity" in the following rear, let: (a) That the "Oity" may refuse to grant a building permit until such time as .all of the conditions and covenants herein con- tained to, be performed by the "Owner" 'Prior to the commencement of .construction are performed. (b) That the "City" may-refuse to grant a certificate of occupancy until such time as all of the conditions and covenants here- in contained to be performed by the "Owner" at the time of completion of said Post Office Building are performed. (c) That any violation by the "Owner" of the restrictions contained herein subsequent to the completion of the construction of said Post Office shall be treated as a violation of the Code of Ordi- nances of the City of De]may Beach, Florida, and punishable in the same manner as provided for in said Code of Ordinances, and that each day any violation shall persist shall be a separate offense. -5- 6-12-61 IN Y~ ~e ~ eClty" ha~ caused this OAg~eement, to be executed by seal ~ ~ ~~d ~Poto, ~ bu~ra hie also executed this A~e~t ~ ~ da~ ~i~t a~ ~Itten. Si~ed, sealed ~ delivered in the p~ese~ ~ _ _,, ~ ,. : - ~- - _ _ This is to c~t~2, ~t on tB~ ~th day of ~e, 1961, person- ally appe~ed before ~ t~ ~de~si~ed au~ori~, GEO~E V. ~A~, Mayor of De~a2 ~ach, Florida, ~d ~L~M R. ~A~, ~o~ to me to be ~e i~ivi~uals who e~cuted the fo~egoi~ a~eement and they ack. lodged ~f~e me -that they executed the s~e freely ~d vol~- ~ily fop ~e p~ooe8 ~erein e~osed. }~. ~bell moved fo~ add,ion of ~geney O~dinanoe No. 0-398 together with the a~eement as submitted by the Clerk. The motion was seconded ~ ~. Thaye~. ~. S~dy shifted to ~is resorting ~dina~e bei~ considered as ~ emergency ~d stated that he had some to this conclusion ~ter making several telephone calla today to p~tie8 who had submitted the low bid on cOnot~ction of the Post Office Building. ~g lengt~ discussion, ~. H~d ~arton, ~. H~ Br~k ~d 1,;M. Ed. Sc~dt objected to any rezoning in Block 73. During discussion, ~. C~bell c~nted as fo~ows: "~ere has been some ta~ today about sell-out. I c~ asses you good fo~s on 1st Avenue ~ in that a~ea that there has been no sell-out as far as I ~ concerned a~ I ~ow that I speak for ~ Thay~ when I say t~s. We have the ri~t, ~d not only the rift, it Is our duty to decide what we believe is best in the overall pict~e for the City ~d I want to go on ~ecord for one that I ~ going to vote f~ this pro~am. I ~ going to vote fo~ it on ~ e~rgency basis because I believe ~at it is the best possible solution for a nasty situation over which we had no control from the start. Nobody fount the Post Office Dep~tment more than I did, I th~ Gle~ he~e, and I, pretty ~ch fount along toge~er on it ~d we were licked. The Post Office Dep~tment is on reco~d that ~ey don~t give a d~ ~ether we have a Post Office now or later, and whether it is in the center of the block or at the North end of the block. The decision that is being made is being made because we, yo~ elected officials feel it is the best possible solution fo~ a ve~ nasty situation, I personally would like to have seen the Post Office in the p~ope~ty d~ near the railroad station o~ better yet, next doo~ to the City Hall. We don,t govern the Post Office authorities, we have not~ng to say. They agreed to come d~n t~ seco~ or t~d time to look it over and they never did. We had ~at agreem~t f~om some of the hi.est officials in the dep~tment. We were told that it would go on ~d Avenue and we were told ~at it would go in the center of the block, and Just as the Mayor has said, if it went in the center of the block you would have the parking of the Post Office equip~nt out in the open and you would have the loading platform out in the open, and for fifteen years ~ dO. et think you want to live with that. I ~ow that I don,t and I don,t ~i~ it is good for the City to do it and I ~ on ~ecoPd that I will not go along with the Plying Bo~d that we rezone ~e whole block. I thi~ we are protecti~ the people on 1st Avenue by making what some of y~ may well think is a half-way deal but it is a better -6- 6-12-61 JUNE 12, 1961. deal than to have that in the center of the block, and that's my vote when we o~ to t~e rot, e," M~. Sundy stated that the 1~ bidder had bid to build the Poet Office in the center o~ the block and wondered if there would be any difficulty between the builder and ~. Hagga~t on the sale of the corner property Anstead of the Hropemty in the center of the block. Mr. Hagga~t stated that he had an agreement with a member of the firm who has the low bid, that if and when the award is made anything that the Post Office Department wants to do as for changing the location from the middle of the block to the North end of the block on 2nd Avenue he wall cooperate in. H~. Haggart further stated that unless said emergency ordinance was passed tonight the Post Office would go in the center of Block 73 because that is the only property that the Post Office Department has under option with him. Mrs. H. Neal exPressed disgust at the looks of the presently de- veloped business property on N. E. 2nd Avenue, also that she does not object to the Post Office location in the North end of Block 73 but definitely opposes ~ny further rezoning of the West half of said block. . _Upon call of rolX on the motion to adopt Emergency Ordinance G 39§ together with agreement concerning same, ~. Avery, Mr. Campbell, F~. Thayer and Hayor Warren voted in favor of the motion, Mr. Sund2 being opposed. City Clerk Worthing informed the Council that he had obtained a R/W deed from Mr. Haggart for the North fifteen feet of Block 73 to provide for.an vltimate eighty foot R/W on ~th Street as the pre- ceding Council expressed it,s desire for in 1960. Mr. Worthing also presented the following petition from Mr. .Haggart regarding relocation of the alley in Block "The undersigned, namely WilLiam R. Haggart and Virginia L. Haggart (his wife) being the o.~ere of record of the following described property, to wit~ Block 73, Delvay Beach, Florida, psi. Plat Book 12, Page 62 in the Public Records of Palm Beach County, Florida, hereby petition the City of Delray Beach, Florida, to vacate and abandon the present sixteen (16) foot alley in said Block SUBJECT to dedication,, by the hereinabove named ~.arties, of the East sixteen (16) feet of LOTS 1, 2, 3, ~, %, 6, ?, 8, 9, 10, 11 and 12 of Block 73 to provide for re-lOCation of said alley-way. //~// William R. Haggart Virginia L. Haggart /s/ Hallie E. Yates Witness Cit2 Clerk Wo~thing then read BESOLUTION NO. 1332. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DE~RAY BEACH, FLORIDA, VACATING AND ABANDON- ING T~E SIXTEEN FOOT ALLEY IN BLOCK 73, AND LYING BETWEEN N. E. 3RD AND ~TH STREETS. BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELR~Y FLORIDA - ~HERE~S, petitioners, WILLIAM R. HAGGART and VXRGINIA L' HAGGAR? (hie wife~ have made application to said Council to vacate the follo~ lng described alley, namely The north-south sixteen (16) foot alley in Block 73 and lying between Northeast Third and Fourth Streets, as same appears on Page 62 of Plat Book 12 in the public records of · Palm Beach County, I~lorida, and -7- 6-12-61 JUNE 12, 1961. ~REA~, the petitXoners have, by Quit-Claim Deed, dedicated the East Sixteen(16) feet of ~ts 1 through 12 inclusive, Block 73 (PI.Bk.12-62), for public alley purposes, and WHEREAS, the petitioners have agreed to re-locate existing utilities, if any, f~cm the present alley to the dedicated alley- way hereinabove provided at no coat to the City, NOW, THEREFORE, pursuant to paragraph three (3) of Section seven (7) of the Charter of the City of Delray Beach, Florida, it is hereby declared that the followimg described Alley be vacated and abandoned, to-wit The no~th-south sixteen (16) foot alley in Block ?3 and lying between Northeast Third and Fourth Streets, as same appears on Page 62 of Plat Book 12 - Public Records of Palm Beach County, Florida. PASSED AND ADOPTED this 12th day of ~une, A.D. 1961. It was moved by Mr. Avery, seconded by Mr. Campbell and unani- mously carried to adopt Resolution No. 1332. Mr. Campbell then moved that the City Attorney be instructed to bring to a quick decision and record of all matters pertaining to Block 73 as discussed tonight, and any records that should be made part of the County records should be made promptly and all the other items that have been discussed be carried out to the utmost inca legal manner. The motion was seconded by Mr. Avery and carried unanimously. Mr. Bill George comme~ed the Council on the fine Job they have done, it being done wholeheartedly and to the best interest of the City, but requested that it be explained to him how this situation of rezoning in Block 73 could be classed as an emergency. Following remarks by Mr. Campbell, City Clerk Worthing read the following excerpt from Section. 30 of. the City Charter: "Ail ordinances passed by the city council shall become effective thirty days from the date thereof, except that the city council may, by four-fifths vote of all the members, pass emergency measures to take effect at the time indicated therein. An emergem~y measure shall be defined as an ordinance providing for the immediate preservation of public peace, property, health or safety, or for the daily operating of a municipal department~ in any case, the emergency shall be set forth and defined in a preamble thereto." Mr. Worthing further stated that this Council determined that in view o£ the dictates and word from ~tlanta and other authorities pertain- ing to the improvement of the Block for Post Office purposes, deemed it necessary in the best interests of the City to enact this ordi- nance on an emergency basis, to insure the immediate preservation of public welfare and convenience by providing for 'a more suitable site for the proposed location of the Post Office. City Attorney Adams stated that he thought this situation could be considered an emergency under the definition in Section 30 of the City Charter. Mr. George further stated that he did not think the Council was in order, on the emergency measure, even though he was in favor of what they were doing. Mr. Sundy further objected to this situation being declared a state of emergency. Regarding the request for authorization for execution of the ~.E.C. Railway Company Agreement, City Clerk Worthing stated that this proposed agreement eoncem~s the installation of the 60" dia- meter concrete, sub-grade storm sewer extension beneath the railway~s R/W at N. E. 2nd Street, which matter was brought to Council's at- tention on May 22nd with a request that authorization for execution of this agreement be deferred until paragraph l~,as contained therein, be clarified, which matter tam been done to the satisfaction of the City Manager,s office, and which office further desires to inform the Council of having successfully provided for reduction of the proposed $50 per year fee, in both this agreement and the agreement for -8- 6-12-61 JI~NE 12', 1961. providing a subgrad® conduit beneath the railway.s R/W at N. E. 8th Street, to $1 a yea~. The City Clerk then read RE~OLUTION NO. 1331. A ltE~OL~ION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF AGREEMENT FOR 60 INOH DIAMETER CONCRETE SUBGRADE STORM SEWER BENEATH F.E.C. RR. CROSSING AT N. E. SECOND STREET. BE IT RESOLVED by the City Council of the City of Delray Beach, a municipal corporation of the State of Florida: 1. That the said City of Delray Beach, Florida, consents to and agrees to enter into an agreement with Florida East Coast Railway Company, wherein and whereby said City of Dglray Beach, Florida, is given the right and privilege to install a 60~-inch reinforced concrete subgrade storm sewer across and under the right of way and tracks of the Railway in the City of Del~ay Beach, Palm Beach County, Florida, at the location more particularly described in agreement attached hereto and as per Railwayts Plan corr, File 317-103, dated March 20; 1961. All according to the further terms and conditions of said pro- posed agreement attached hereto and made a part hereof. 2. That the City Manager, with the attestation of the 0ity Clerk, be and they each are hereby authorized and directed to execute the said agreement for and on behalf of the City of Delray Beach, a municipal corporation of the State of Florida. 3. That this resolution shall take effect immediately upon its passage. PASSED AND ADOPTED this 12th day Of June, 1961. It was moved by Mr. Thayer, seconded by Mr. Avery and unanimous- ly carried that Resolution No. 1331 be adopted. City Clerk Worthing informed the Council that application had been received by the Building Inspector to move a frame houSe from N. E..5th Avenue to Lot 11, Block 30 and that the Building Inspector had reported that this building would meet all the requirements of the City as well as all building regulations; also that no obJeotions were received from parties in that vicinity who were notified, .and recom- mends that this application be approved. It was moved by Mr. Avery, seconded by Mr. Thayer and unanimously carried that said application be approved. City Clerk Worthing then presented to the Council another ap- plication that .had been received by the Building Inspector to move a frame house from N. Swinton Avenue to Lot 1, Block A, West Side Heights, and that it had been reported that this building would meet all the requirements of the City and that there had been no objections received from the parties in that vicinity who were notified; also that it had been recommended by the Building Inspector that this ap- plication be approved. It was moved by Mr. Avery, seconded by Mr. Thayer and carried unanimously that said application be approved. The City Clerk informed the council that in compliance with ordinance requirements, the final plat of Delray Beach Heights Extension, Section B, is submitted for their approval and read the following memorandum of the Director of Public Works to the City Manager, dated June 7,, 1961: "The final plat of the subject subdivision has been presented for approval, accompanied by ample and acceptable performance bond for the construction of all facilities re- quired in the preliminary plat. ~"Section B is a portion of the preliminary plat for the entire Delray Beach Heights Extension, which was formerly approved by the Planning Board and by the Council and. modified only to the extent of raising certain street elevations as required by the City Engineer. -9- 6-12-61 "$ub~eet to tho s~Sr~ o~ Y~o dewelopo~s, EEA Inc. and ~ ~t,ea, ~., ~ t~ ~~t ~t~tled ~A~eement f~ the O~a~t~ ~ ~~e~n~" ~m · Su~iwialon~, and subject to ~e C~ ~erk,s a~al ~ ~e ~fo~e bond presented by these ~le, ~ ~~1 ~ ~t a~voval o~ ~ia final plat Follow~ discussion ~t ~s ~ed b~ ~. ~bell, seconded by ~. Ave~ ~ c~od ~~O~ .to app~ve the final plat of Del~ay Beach Ne~$ts ~e~ion, ~t~o~ ~. ~. ~bo~ ~Od ~at t~ ~e~est fe~ ~ezon~ of Lots 13 t~u 18, Bloc~ ~, Oaceola P~k F~ R-~ ee C'3 be ~efe~ to the Pla~in~Zon~ ~o~d Fo~ publ~a hea~. ~e ~tien was seconded by ~. Thayer ~d o~od City Clerk Wo~th~g ~o~ed tb C~il ~at wi~ ~ega~d to bids fo~ fo~ pic~ ~o~, ~ ~o~o o~igi~ally proaented for Cou~ll cona~e~ation ~ Ap~i~ ~ 19~1 ~e fcllow~ng disposition is now ~eqmeated: "~e foll~ing is ~e ta~lat~on of bi~s fo~ 3~ ton pic~ t~mck for ~e In ~o P~ks De~tm~t: '~lo~a Dodge~ale~ Inc., Dodge - Mod.~ D-200 $1,907.78 DeM~co T~actc~ ~ ~lemnt ~o., G~ ~3~ T Pic~p 1,915.95 Ad~ C~v~clet Co., 1~1 ~hev.~ 2534 1,897.~ E~i Wallace Fo~, 1561 Fo~d, ~d. F ~50 1,915.63 "~io~ to ~c~ 19AO, ~e ~ Dep~t~nt ~d a small ~ic~p t~ck w~ch was ~ed to haul the small power mowers ~d tools to v~i~$ lecati~, ~e~e they were to be used, as well as ~or ~e n~ous emil misoellaneous Jobs such as ~eplaci~ sod in small a~eas~ fertilizing, seeding, t~i~ng t~ees and bushes at specific locations and ~y Job to which the fere~ c~ld asel~ one 0~ two men while the maJo~ p~t of his c~ew was working in a diffe~ent location. In ~cember the position of JCa~etake~-N~d~, aa authorized by Co,oil, was filled ~d it bec~e ~e~ative that a pic~p t~uck be assigned to this m~ in o~er to ac- c~plish his ma~ assig~ents, ouch as c~ent~, paint,g, repai~ work, etc. ~e Parks Dep~tment truck was assigned to this position ~d a ~eDlace~nt f~ this truck is now ba~ly needed, due to the ad~itional w~k and dive~sity of locatio~ assigned to the P~ks Deponent. It ia ~ecc~ended that the award be made to the low bidder, Ad~ Chevrolet It was moved by ~. C~pbell, seconded ~ ~. Thaye~ ~d un~ously ca~ied that the bid of Ad~s Chevrolet Co~ in the ~o~t $~,897.86 be accepted. '~he following tabulation is fc~ a 3~ T Pic~ T~uck with utility body to be ~ae~ by be~ mech~lcs at the g~age: '~le~lda Dodge-C~ysler Inc., D~ge, Mo~. D-200 $2,883.19 De~co T~acto~ & I~lement Co., GMC Plc~p 2,~54.00 Ad~s Chev~olet Cc., ~hev. Mod. 2503 2,786.35 Earl Wallace Fo~d, Fo~d, Mod. F-250 2,992.21 "It la ~ec~ende~ that ~e t~uck presently being used by the mechanics be new used as a ~r~ent mount for the T~A fogging ~chine, purchased last yea~ by the city. ~is Is a heavy piece of equipment and ~8t be lifted on an~ off a t~uck By a cr~e each time it is to be uaod. It w~ recog- nized that a pennant mo~t should be p~evi~ed at ~e time ~ equipment was p~aaed, but deeide~ ~at rathe~ than p~chase a new t~uck fo~ ~ls p~coe we would wait a use~ one was availab~e ~ it iS ~eco~ended t~t the award be made to the l~est bidde~ which is the A~ Chevrolet Co, any." ~. C~bell mewed that ~is awaFd be given to the 1~ bidder and fu~the~ that the department be ~e~tted to use the p~esent truck fo~ -10- 6-12-61 JUNE 12, 1961. the mounting of the TIFA fogging machine as requested. The motion was seconded by M~. Avery and carried unanimously. "The following is a tabulation of bids for a 1/2 T 4-wheel drive pickup truck for use by the foreman of the garbage department: "Adams Chevrolet Co.,Choy. Mod. K-~1~34 $2,108.97 DeMarco Tractor & Implement Co.,GMC Pickup 2,392.00 Earl Wallace Ford, Ford, Mod.F-100 2,276.68 "It is recommended that no award be made at this time. "Since the function of cleaning the beach has recently been assigned to the public works department we have been engaged in some experimentation to develop a piece of mechanical equipment which could rake and dispose of the seaweed much more economically than by doing it by hand as at present. As you know, we have recently ested a simpli- fied version of this equipment and found it to be feasible. "It is requested that the money from this pickup truck, together with the money saved on the previously recom- mended two trucks, be encumbered for the development of this beach cleaning equipment. It would be understood that no expenditure would be made until further authorized by the Council." It was moved by ~.~. Campbell to accept the recommendation made by the Director of Public Works. The motion was seconded by MP. Avery and carried unanimously. "The following is a tabulation of bids for 1/2 T pickup truck for use by the water department: "Florida Dodge-Chrysler, Dodge, D-lO0 $1,695.12 DeMarco Tractor & Implement Co., GMC Pickup 1,734.00 Adams Chevrolet Co.~ Obey. Mod.C-1404 1,658.37 Earl Wallace Ford 61 Ford - 1,720.63 "This truck will be for the use of both water plant operators and will replace Truck # 42, a 1949 Chevrolet 1/2 T pickup. It was originally intended that this truck be sold or traded in, however, since the Council has recently authorized an additional employee to operate the city nursery it will be necessary for him to have a pickup truck in order to collect donated plants and cuttings, haul materiSA and tools, trans- port plants to locations as desired, etc. It is recommended that this truck be held for the nurseryman and it is also recommended that the award be made to the low bidder, Adams Chevrolet Company." It was moved by Mr. Campbell, seconded by Mr. Thayer and unanimously carried that the award be given to the low bidder' and further that the department be authorized to continue using the 1949 truck as requested. The City Clerk informed the Council that the following bids had been received for - One Operated Pipe Cutter for 8" to 30" Cast Iron Pipe, complete with miscellaneous Cutting Wheels and Storage Case, and that the requisitioning department and the City ~nager have re- commended that the award be made to the low bidder: Ellis & Ford Supply Co. Davis Meter & Supply Co. ~,110.90 It was reported that there were necessary funds provided for the purchase of this item, after which Mr. Avery moved that the award be made to the low bidder. The motion was seconded by ~. Campbell and carried unanimously. City Clerk Worthing informed the Council that bids had been re- ceived as follows for Teen Town Center general reapirs and that it had been recommaended by the City Manager,s office that the low bid be awarded the contract: J. P. Callaway Norris W. Bird ~2,037.00 Upon question, City Manager Hingel reported that there were sufficient funds available to cover the Iow bid. Hr. Avex,y reported that the floor of this Teen Town Center build- ing was also in need of repair and that it had been estimated this repair would cost approximately $350.00. - I~. Ayery moved that J. P. Callaway be awarded the bid in the amount of ~1,~71.25. The motion was seconded by Hr. Campbell and carrled unanimous ly. Hr. Avery then moved to direct the City Manager to get bids on putting the Teen Town Center building floor in shape, provided the Director of Finance can produce the money to pay for it, this to be considered at the next Council meeting. The motion was seconded by P~. Thayer and carried unanimously. City Manager Mingle informed the Council that he would solicit bids for this floor work but that it needed no further Council approval. City Clerk Worthing reviewed a report of alleged nuisances exist- ing in violation of Ordinance No. G-147 furnished the City Manager by the Fire Department. (list of nuisance violations is attached to and made a part of the official copy of these minutes)Pages 212-A thru 212-E. It was moved by Hr. Campbell, seconded by Mr. Avery and unani- mously carried to direct the City Clerk to comply with Ordinance No. G'388 as applicable to this nuisance survey report. The City 01erk read the following letter from Joseph A. Baldwin, Jr., dated May 23rd: "Back in January, I was elected and installed as president of the Voters League. After considerable thought, I have come to the conclusion that it is almost impossible to serve effectively as both president of the League and member of the Beach Committee. Therefore, with deep re- grets, I hereby tender my resignation as a member of the Beach Committee. I wish to thank you for appointing me over the years and I want you to know that I have really enjoyed working with the other members of the Committee." The City Clerk further stated that the remaining members of the Beach Committee had submitted the names of Willie Franklin and Harry Hagwood either one being a satisfactory replacement on said committee. Hr. Thayer then moved that ~' Baldwin's resignation be accepted with re- gret and that Mr. Willie Franklin be appointed as a member of the Beach Committee; also that a letter of appreciation signed by the Mayor be forwarded to Mr. Baldwin. The motion was seconded by 2.~r. Campbell and carried unanimously. City Clerk Worthing read the following resolution of the Exchange Club of De]may Beach: "WHEREAS, the City Council of De]may Beach has enacted an Ordinance requiring a ten foot setback on Fifth and Sixth Avenues to be used for beautification, and WHEREAS, Fifth and Sixth Avenues are the entrances and main routes of travel to and through Delray Beach, and WHEREAS, the purpose of the Ordinance is to make De]may Beach a more attractive city, and WHEREAS, it is in the best interest to residents and visitors that the Ordinance be strictly enforced, NOW THEREFORE, BE IT RESOLVED that THE EXCHANGE CLUB OF DELRAY BEACH favors a strict enforcement of the Ordinance requiring a ten foot setback on Fifth and Sixth Avenues. ADOPTED this the l?th day of May, 1961. THE EXCHANGE CLUB OF DELRAY BEACH By_ .D, Mer i. tt ~' President - ATTEST: _~ /s/ _Peter N..C__hr.. i.stophersen ..... Secretary" '-12- 6-12-61 JUNE 12, 1961. Mr. Avery moved that this Resolution of the Exchange Club be received and noted, and a letter of appreciation sent them. The motion was seconded by }~. Thayer and carried unanimously. Mayor Warren ex, teased the wish that more clubs would take such interest and let the Council know how they feel. City Clerk Worthing read ORDINANCE NO. G-397. AN ORDINANCE AMENDING SECTION 12 OF 0RDI- NANCE NO. G-383, ;~OWN AS THE COMPREH~NSIVE ZONING REGULATIONS FOR THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE EXTENSION OF PEP~LISSIVE U~ES IN R-IAA AND ALL OTHER LESS RESTRICTIFE DISTRICTS TO INCLUDE PRIVATE GOLP COUPLES. In pursuance of the authority conferred by .Section 16 of Ordi- nance No. G-383 which grants the City Council the authority to amend, supplement, change, modify or repeal by ordinance the boundaries or ~istricts or regulations or restrictions heretofore established by said Comprehensive Zoning Regulations for the City of Delray Beach, Florida; and for the purpose of extending recreational facilities and encouraging the most appropriate use of land throughout the City; IT IS HEREBY ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: SECTION 12, entitled "General Provisions and Exceptions", of Ordinance No. G-383, known as the Comprehensive Zoning RegulatiOns for the City of De]may Beach, Florida, is hereby amended by adding Subsection 13 to said section, which shall read as follows: 13. In all R-IAA districts of the City of De]may Beach, Florida, together with all less restrictive districts, the following additional uses will be permitted: (a) Private Golf Courses. PASSED AND ADOPTED this 12th day of June A.D. 1961. There being no objections to Ordinance No. G-397 on this second and final reading it was moved by Mr. Avery that said ordinance be adopt- ed. The motion was seconded by Mm. Campbell and carried unanimously. The City Clerk ~mfcrmed the Council that Ordinances G-395 and G-396 expressed their intent to annex certain lands and due to a Suit filed in the Office of the Circuit Court protesting the proposed annexation of those lands in Section 8-~6-43 it has been determined to file for dismissal of the Suit based on Council rescinding said Ordinances G-395 and G-396 which were passed and adopted on May 8, 1961. It was moved by Mm. Campbell, seconded by Mr. Thayer and unani- mously carried that said ordinances be rescinded, without prejudice. City Manager Mingle presented the following report from the Director of Public Works, dated June 7th: "In the past it has been the practice to close the pool on Monday so that it might be drained and.cleaned. With the existing equip- ment this process requires approximately twenty hours. The in- stallation of a larger outfall line, intake filter, larger intake line and larger pump would be very costly and should not be under.~ taken except as a last resort. "The necessity for draining the pool to clean it could probably be eliminated by the installation of a filter and re-circulating equipment. However, this again, is extremely costly and there is not sufficient room in the existing pump room for this type of in- stallation. Extensive remodeling would be required. "The third possibility is to purchase reliable vacuum cleaning equipment with which the pool may be cleaned without being emptied. Mr. Alvarez, State Health Sanitarian, states that he would not -13- 6-12-61 "g~arantee that this equipment would completely eliminate the necessity for occasionally draining and cleaning the pool, how- eve~, it would substantially cut down the frequency cf this oper- ation. The total cost of a satisfactory cleaning unit, including cleaning tool, pt~ tu~it, compressor unit,.hgses, couplings, otc is listed by cae reliable manufacturer at $780.15. "Beyond the cost of this equipment the only additional expense to the city would appear to be as follows: "Extra labor cleaning pool (2 hours a day) $78.00 per month. Cashier (1 extra day per week) $3~.O0per month. Life~Aard (1 extra day per week) $~.50 Per month. Total additional cost per month - $158.50" Ilr. Sundy moved that the recommendations of the Director of Public Works be accepted and that money be provided to keep the pool open seven days a week the ~ear around, the cheapest and most efficient way that can be found, the motion being seconded by 1ir. Campbell and carried unanimously. It was reported that the Westaide pool is being kept open as requested. City Manager Mingle read the following report regarding Competency Certificates for sub-contractors that was submitted May 31st by the committee appointed for this study, said committee being Julian Wells, Chairman, R. A. Hughson, Secretar~j and T. Woolbright, ~m. J. Snow, III, and George Mingle: "The committee that was appointed by the Mayor to study ways and means to help control contractors, sub-contractors and speculative builders as to competency in their respective fields met in the office of the Building Official and sub- mitted the following recommendation: "That,-before any occupational license is issued to any contractor, sub-contractor or speculative builder by the license department of the City of Delray Beach, a State and County license must be presented. "The committee feels that as long as the County requires a Certificate of Competency to be' acquired by any contractor, sub-contractor or speculative builder each year before obtain- ing a State and County license, this would also give the City of Delray Beach and the general public the.protection we should have. "We feel that if this recommendation is accepted and an 0rdi- nance to this effect is passed, it would be beneficial to our Contractors Examiners Board in establishing reciprocal agree- ments with the County and other Cities in the County, and eliminate the necessity of duplicate examinations for the Contractors." Following discussion, Mr. Avery moved that the City Manager be directed to require an active County Occupational License as a pre- requisite to obtaining a city license. The motion was seconded by ~r. Thayer and carried unanimously. City Manager Mingle read the following report submitted by Ralph Hughson which had been requested by the Council on May 22nd regarding directional signs. "Only developers of three or more acres would be allowed to have his or their directional sign e~ected at a designated point after approval by the City Building Official and City Engineer. "These directional signs would be uniform in appearance and of a size and shape selected by the Building Official and placed at intersections nearest to a direct approach to the Subdivision. Any such signs would not indicate anything but '14~ 6-12-61 JUNE 12, 1961. "the na~e of the Subdivision or Development on an arrow shaped sign l~tl~g to the general direction of such Sub-division or Development. "Application fo~ amah signs would be made to the Building Official and if approved world be ordered by the Engineering Department and erected at such points as the Developer in- dicates on the application. "Only two such signs would be allowed for any one Subdivision or Developer. "These signs would be Double ~aced and would resemble our uniform street signs. "The cost of these signs would be charged to the applicant when he applies for a permit to have such signs erected." City Manager Mingle further reported that the City Engineer is in the process of purchasing equipment and material to make the city street signs and that the signs referred to in the above report could also be made by the city and placed on the city street sign standards and would be completely under the control of the city and the Engineering Depratment. It was moved by M~. Campbell that the plan be accepted and put into effect. The motion was seconded by Mr. Thayer and carried unanimously. Concerning the report from the ~lorida Power & Light Company con- cerning improved lighting of various thoroughfares within the city, Campbell moved that a committee of three, one member of the Council, the City Engineer and the Building Inspector, be appointed to study this report and then report to ~he Council at a later date. Mayor Warren then appointed Councilman' Glenn Sundy, City Engineer M~rk Fleming and Building Inspector Ralph Hughson as said committee. The motion was seconded .by Mr. Thayer and upon call of roll, ;~r. Avery, Mr. Campbell, ~. Thayer and Mayor Warren voted in favor of the motion, and Mr. Sundy abstained fro~a voting. Mr. Avery stated that in view of the fact that the Post Office is going on N. E. ~nd Avenue between 3rd and 4th Streets and that N. E. 2nd Street is' very busy and there is a railroad crossing at 4th Street, feels that the Council should consider a railroad crossing at N. E. 3rd Street in order to have access to the Post Office from the Federal Highways, and moved that the City Manager be directed to in- stitute a feasibility study for conside~ing a crossing at N. E. 3rd Street. The motion was seconded by M~. Thayer and carried unanimously Concerning the very unsatisfactory drainage condition on N.' E. 2nd Avenue in the vicinity of 22nd Street, Mr. Avex~y moved that .the City Manager. be directed to contact the proper County authorities and the property owners involved and ascertain what. can be done and to what extent the City would participate. The motion was seconded by 1~. Campbell and carried unanimously. Concerning press releases in connection with the police departmen Mr. Avery read a proposed resolution and moved that it be placed on th agenda for the next meeting. Mr. Sundy moved that the City ~Ianager and Police Chief Study this proposed resolution and to see if it is feasible and workable and the item to be placed on the agenda for the next mee$1ng. Pollowing ~om- ments Mr. Campbell seconded the motion. Upon call of roll, Campbell, 1iv. Sundy, ~. Thaye~ and Mayor Warren voted in favor of the motion and Mr. Avery was opposed. Mr. Campbell informed the Council that the Lit~.!~ Theatre Group are having a dinner on the 24th of this month and tha$ the !1~grs of Delray Beach, Boca RatOn and Boynton Beach have been asked $~'~ake part in a little skit and moved that MaYor ~arren invite tha'~Ayors and their wives from Boynton Beach, Boca Raton, Highland Beach, Ocean Ridge and Gulfstream to this affair, with dinner at the City's expense if it is found legal to do so. The motion was seconded by Mr. Thayer and c art led unanimous ly. .~ -15- 6-12-61 Mayor War~en referred to a dueumenta~y film by Freedom Foundation of Valley Forge that would be shown f~ee on Wednesday evening June 14 at the Del~ay Beach Elementary Sahool. Mayor Warren read the following letter w~itten by City Manager Mingle to T~opic Isle Development Company: "Reference is made to the letter addressed to the Tropic Isle Development Company for Mr. Henry Mellon~ dated March 23, 1961, ,, requesting the installation of certain 18 concrete pipe and 21"-pipe, together with necessary manholes and catch basins, as shown on Drainage Plat # 1 of Tropic Isle Subdivision. ; "All inquires and requests, from the City, regarding this matter dating as far back as April of 1957 have been ignored by your company. It is therefore the City,s decision to pro- - vide this installation at an estimated cost of approximately $4,700, and to take the necessary legal action to reclaim this amount from your company. Our City Attorney advises that, if necessary, the amount required for this construction may be withheld from the payments being made to the Tropic Isle De- velopment Company by the City of Delray Beach for the amorti- zation of the water main extending to the subdivision of Tropic Isles. "We deeply regret that your indifference to the welfare of the residents of this subdivision, and to the desires and rights of this City have made this action necessary." Mayor Warren asked for authorization to proceed with this drainage. City Engineer Fleming reported that Mr. Howard Brown and Mr. Lindsey Eve of the Tropic Isle Development Company came to see the City I~.~nager as a result of the above letter, and seemed to feel that other areas have been permitted to drain into what is now Tropic Isle Trading Center, and that the State Highway Department had incurred some re- sponzibillty in contributing to the drainage which runs across this area. Mr. Fleming stated that it had been explained to Mr. Eve and Mr. Brown that the City is dealing directly with the developers of Tropic Isle Section # 1. and not with any .'~her parties, but as a matter of courtesy agreed that the City would wait until they had consulted with Mr. Carlton of the State Highway Department to see if the State Highway people would take care of part of the cost of this installation, before the City took any action on this matter. A memorandum from CXty Engineer Fleming concerning the status of sanitary sewage program was presented and ~. Campbell suggested that a very minute study be made of what was started out to do originally, which was to try to study and-clear up without delay the emptying of live sewage into the Inland Waterway. He further stated that he wOUld like to see it be made the first part of the study, that a complete study be made of the possibility of putting the present plant or a similar plant into operation which would take care of the present 1000 odd that are in use in the center of the City; also stating that he does not think an additional expense should be added to the residents - since there will soon be drainage assessments against a large number of properties and also feels that there is no necessity at this time for a plan that would cost approximately three million dollars. City Manager Mingle presented the following bills for approval: General Fund $ 72,117.37 General Fund 7,400.87 Water Fund - Operating Fund 24,476.23 Water Fund - Operating Fund Water .Rev. Cert. Series 1957 Interest Sinking fund. 140,66~.00 Bond Fund 9,688.05 On motion by MI'. Thayer, seconded by ~.~. Campbell a~d unanimously carried the bills were ordered to be paid. The meeting adjourned at 10:30 P.M. ~ _ R.. D. WORTHIN.G ..... M~A~-Y 0--R-'-- :~'~ ~--- "'' -16.-. 6-12-61 mOPERTIES IN VIOLATION OF ORDINANCE G-147 , , .& S,.ECTI, QN, t5'3..&,,4_ OF_ THE_ CI,TY, CODE, ,, , , OWNE~. .ADDRESS LOT,B~,,&, S/D CITY CODE A.Grace S!ane Weir P.O. Box 477 Nl$0'of 8250' of E~ of Lotl2,1ess E33' R/W & S100' 3 & 4 of E~ of Lot 12, less 33' R/W Sec. 8-46-4S Pine trees along Swin~on Avenue tO be moved or topped. Melville & Susan B, 1400 Dale Lane Lot 3 - Blk. 6 4 Brown Delray Beach, Fla. Del Ida Park S. Kamikami P.O. Box 157 Lot 4 - Blk. 6 4 Boca Raton, Fla. Del Ida Park Miss Francis Turner 94S Nelson St. Lot 8 - Blk. 6 4 Jacksonville, Fla. Del Ida Park D. H. Turner P.O. BoxS29S,Station Lot 9 -Blk. 6 4 "F", JackSonville,Fla. Del Ida Park Mrs. Helen Edwards 115 N. E. 4th St. Lot iS - Blk. 6 4 Delray Beach, Fl&. Del Ida Park Olympic & Victoria 10 S.W. 7th St. Lot 16 - Blk. 6 S & 4 Bosco Delray Beach, Fla. ])el Ida Park John E~ & Rice W. 313 Lotis Way Lots 17 thru 9.2 4 Nassie & Mrs. D.D. Louisville 7, Ify. Blk. 6 Del Ida Park Wb.~ttinghill ~yrtle M. Rath, et al lS19 Hill St. Lots 9 & 10 Blk. 4 4 McIfeesport, Pa. Del Ida Park Herbert L. Post 521 N. Swinton Ave. Lots 11 & 12 Blk. 4 4 Delray Beach, Fla. Del Ida Park Ale×&rider & Margaret 178 Split Rock Rd. Lot 1S - Blk. 4 4 McDonald Syosset, New York Del Ida Park Delray Beach Develop- P. O. Box Z485 Chevy Chase Lots ment Co. Delr~f Beach, Fla. 1,3,8,16,21,22,24, 4 26,36, 50, 51, 52,53, 54, 55,56,60,62 Walter J. Seymou~ P. O, Box 2485 Chevy Chase Lot 9 4 C ' . onstruc~lon c'o Delray Beach, Fla. ~arJorie V. Watkins ~1 Raynold Rd. Chevy Chase Lot 34 4 Mountain Lakes, N.J. Herber~ F. & Mildred C. 212 King's Lynn Chevy Chase Lots 4 johnson Delray Beach, Fla. 58 & 59 State of Florida R/W S,R. #9 4 Section 17 & 18-46-43 City of Delray Beach Sec. 18-46-4~ --- That part of SE~ lying S of S R/W Li of At1. Ave., W of W R/W li of S.R. #9 & E of E R/W Li of S.A.L.R.R. less W} of NE{ of NE} of SE{ lying E of E R~W Li of S.A.L. R.R. & Less SE~ of SE~ of SE~ lying bet. E R/W Li of S.A.L.R.R. & W R/W Li of S.R. #9 4 Allis.C. Adams 221 Dixie Blvd. Sec. 18-46-43 Delray Beach, Fla. SE% of SE} of SE~ lytng'E of S.A,L. 4 R;R. S less R/W of OWNS__R ADDR LOT; ,BL..OC , Ethel S. & Faith S Box 347 Sec. 17-46-43 W~ Williams Delray Beach,Fla. of NW~ of SW~ of 4 SW~, less S.R. R/W Ethel S. & William C. Box 347 Sec. 17-46-43 III Williams Delray Beach,Fla. of SW~ of SW~, less R/W S.R. 4 #9 M.F. Riley Jr. & Box 625 Sec. 17-46-43 E$2.99' Walter A. Wallace Delray Beach,Fla. of Wa of NW¼ of NW~ 4 of SW~ Harry Hagwood Box 94~ Rte. #1 Lot 9 4 Delray Beach, Fla. Williams S/D Ethel S. Williams Box 347 Lot 10 4 Delray Beach,Fla. Williams O,D. Sr. & Thelma A. 228 S.W. 1st Ave. Lots 6-12 Elk.2 4 Priest Delray Beach,Fla. Priests Addn Afl. Pk. ~ardens Sylvester Berry P.O. Box 29 Lot 19 Elk. 2 4 Delray Beach,Fla. Priests Adch~ Afl. Pk. Gardens City of Delray Beach Alleys in Odman's s/D - Elk' 3 - 16'W running E'to W - also intersecting Bi N to S. - Alley 16'W running N ~:o S in B1 2.of Priests Addn to Atlantic Park ~ardens " 4 David A. f~ Kathryn 531 N.W. 4th Ave. Lot 4-6,10,11 4 Rainbo Delray Beach,Fla. Lake Ida Manor Add #1 William M. Yount, Broward Natl'Bmnk Lots 7,9 & 1§ 4 Estate Trust Dept. P.O. iake Ida Manor Add #1 Drawer 6~,- For~ Lauderdale,.: Fla, John 6: Janice 400 Enfie~d Road Lot 8 Lake Ida Federspiel Delray 'Beach, Fla. Manor Add #1 4 Joe Conyer 240 N.W. 3rd Ave. Lots 1 & 2 . 4 Dell-ay Beach,Fla. Elk. 3 Odmans S/D Mary A. Hannah 210 S.W. 3rd Ave. Elk 3 - Wa of Lot 5 Delray Beach,Fla. all of 6& 7 4 Odmans S/D David & Maude 1715 N.W. 3rd Ct., Lots 8 & NeWbold Miami 36, Fla. Odmans S/D David Newbold 1715 N.W. 3rd Ct., Lots 9 & 10 Blk.3 4 Miami 36, Fla. Odmans. S/D Louise D. Meade P"O. Box 1391 Lot 14 Elk. 3 4 Delray, Be~h, Fla. Odmans Walker & Mattie Mae 'P.O. Box 1887 Lot 20 Blk. 3 4 Haynes Delray Beach,Fla. Odmans S/D. Maude Newbold 1715 N.W. Srd Ct., Lots 21 & 9.2 Blk.3 4 Miami 36,, F1a. Odmans S/D Hester Gray 2160'N.W. 75th St. Lots 26 & 27 Blk,S 4 Miami, Fla. Odmans S/D P.L. & Lttcille 2400 N. Federal Hwy..Lots 1 & 6 Blko 1 4 Pi~zer Pompano Beach, Fla. Colonial Heights Hardrives of Delray, P'O. ~Box 536 Lots 2 thru §Elk.1 4 Inc, Delray Beach,Fla.~ · Colonial Heights o~.NE~ A~pDR,,ESS LOT.BLOCK & SID .CIT~,, .C0,b.g C. Edwin Brunner 1810 S.E. Riverside Lots l&2 Blk.3 4 Dr., Evansville, Ind. Colonial Heights L.B. & Vera Lee Cupps 1707 .$.Kentu=ky Lots 3&4 Blk.3 4 Evansville, Ind. Colonial Heights Hardrives of Delray, P.O. Box 536 Lots 5&6 Blk.2 4 Ino. Delray Beach,Fla. Colonial Heights D.W.B. Wholesale P.O. Box 444 Lots 5-9 Blk.3 4 Builders Supply Co. Nc. Miami Beach, Fla. Colonial Heights Margaret Archibald 71-15 35 Ave. Lot 1 Blk.6 4 Jackson Heights Rosemont Park Long Island, N.Y. Daniel & Julia Bassi 8730 N.W. 8rd Ave. Lots 2&$ Blk.6 4 Boca Raton, Fla, Rosemont Park Matthew Feroan 5257 S. Ocean Blvd. Lot 4 Blk. 6 4 Palm Beach~ Fla. Rosemont Park R.M. McLaughlin 108 E. Atlantic Ave Lots 5~,,6 Blk.6 4 Delray Beach, Fla. Rosemont Park Virginia Chambers 212 West 102 St. Lot 16 Blk.ll4 4 : New York City, N.Y. Walter' I. & Hazel E. 210 N.E. 1st Ave. Lots 14 & S24.7' of 13, Hanson Delray Beach, Fla. all of 15 & 16 - Blk. 53 4 Harry Albert & 722 Wadsworth St. Lots 14 & 15 4 Genevieve Theresa Taylor Syracuse, N.Y. Blk. 65 August Hube~ 323 Hallock St. Blk. 136 S50' of Pittsburg 11, Pa. N161, of W165' Ida C. Verschoor P.~O. Box 1648 So. 40' of Lot 6 4 Delray Beach,Fla. all of lot 7 - Blk. 126 J.W. Nowlin Drawer E Lot 1 Blk.87 4 Delray Beach, Fla. O,D. Priest 214 S.W. 1st Ave. Lots l&2 Blk.4 4 Delray Beach,Fla. Odmans S/d David & Della Jones 325 S.W. 5th Ave. Lots 3-6 Blk.4 4 Delray Beach,Fla. Odmans S/D A.Simon Essa P.O. Box 35 Lots 1-4 Blk,2 4 Delray Beach,Fla. At1. Pk. G~rdens William Miles .P.O. Box 91 Lots ~&6 Blk.2 4 Delray Beach,Fla. Afl. Pk. ~ardens Sam Moore 127 S.W. 4th Ave. Lots 7,8,&9 Blk.2 4 Delray Beach,Fla. Afl. Pk. Gardens Joseph Knowles P,O. Box 1224 Lots 10-11 Blk.2 4 Delray Beach,Fla. Afl. Pk. Gardens John Nelson Kabler,Jr P.O. Box 1051 Lots 3&4 Blk.5 4 Delray Beach,Fla. Atlantic Gardens Niel E. & Nellie M. P.O. Box 1633 Lots 10-11 Blk.5 4 MacMillan Delray Beach,Fla. Atlantic Gardens Thelma A. Priest 328 S.W. 1st Ave. Lot 3 & W} of 4 4 Delray Beach,Fla. Blk. 8 Afl. GArdens O.D. Jr. & Ruth T. 111 8.W. 4th St. Lot 5 & E~ of 4 4 Priest Delray Beach, Fla. Blk.8 Afl.Gardens 212-D, 3.P. & Ella Lee ~217 N.W. 5th Ave.' Lots ~&7 Blk.8 41 Fuller Delray Beach, Fla. Atlantic .Gardens Harry Hagwood Rt. #1, Box 945 Lots 10-11 Blk.8 4 Delray Beach,Fla. Atlantic Gardens J.C. Hildreth & J.W. 707 S.E. 3rd Ave. Lots 1 & 2 Blk. 1 4 Williamson Delray Beach,Fla. Belair Heights O.D. Sr. & Thelma A. 228 S.W. lstAve. Lot 3 Blk. 1 4 Priest Delray Beach,Pla. Belair Heights Earkis & Susie Mae P.O. Box 1836 Lots 5&6 Blk. 1 4 Hill Delray Beach,Pla. Belair Heights O.D. Priest, Sr. '228 S.W.. 1st Ave. Lot "A" Blk.2 4 Delray Beach, Fla. Belair Heights Clara Myriok 'P.O. Box 1084 Sec. 17-46-43 WS0' Delray Beach,Fla. of E300' of 8130' 4 of N145' of Lot 9 Esta Lamb Rt. #1, BOx 1112 Lot 1 ' 4 Lake Worth, Fla. Myrick S/D Curtis H. Dodson P.O. Box 2545 Lots'2 & '3' Delray Beach,Pla. Myrick S/D Fred H. & Gladys Bain 1750 N.W. 75th St. Lots 4 & 5 Miami, Fla. Myrick S/D Priest Land Co.,Inc. 228 S.W. 1st Ave. Lots 1-5 Blk.5 4 Delray Beach, Fla. City of Delray Beach Alleys in Odman's S/D - Blk 4, 2 alleys Alleys in Afl. Pk. Gardens Blk. 2, 2 alleys ~klleys i~::Atl. Gardens Blk. $ & 8, 4 alleys ,. Alleys in Belair Heights Blk. 1 & 2, 4 alley~ and' Block 5, 1 alley 4 Eugene W. & Ruth E.~ 2400 6th St. S.W. LOt 16, Blk.4 4 Ennis & Howard H. Cedar Rapids, Iowa Totterdale Cherry, Sr. E,B. ~ Maurietta. H.~ 102 S~ Federal Hwy. Lot 17, Blk.4 4. Nichols Delray Beach,Fla. Totterdale City of Delray Beach Street R/W S.W. 14th Ave. South from S.W. 7th St. 4 Street R/W S.~W. 5th Ave. South from 7th St. .. 4 Street R/W S.E. 9th St., from 5th AVe. to .... 6th Ave. . , 4 H.B. Ebert P.O. Box 43 Lot 2, Blk,2 Boca Raton,Pla. Seagate Ext. George H. & Pauleen B.71 W. Genesee St. Lot 1, Blk.2 4 Ketcham Baldwinesville, N.Y.Seagate Ext. Metropolitan Trust 955 S. 3rd St. Lot 1, Blk.3 4 Inc. Louisville 3, Ky. Seagate Ext. Lewis E. & Lava D. 1016 E.Wilshire Ave Lot 1, Blk. 4 4 Robinson Fullerton" Calif. Seagate Ext. Edgar M. & Florence P.O, Box ~028 Lot 21r~, Blk. ~, 4 C. Tutwiler, Jr. Charleston, W. Va. Seagate Ext. Winthrop B. & Mildred P.O. Bo:c t4 Lot 14, Blk. $ 4 E. Norton Oyster lkmd Seagate Ext. Edga rto~' F~ass. Bayview Limited % Hallett,Whitney Lot 22, Blk. 5 4 & Patton' Seagate Ext. Hamilton, Bermuda K.E. & Katherine A. 280 Garnett St. S.W.Lot 23, Blk. 5 4 Edwards Atlanta 3, Ga. Seagate Ext. John B. & Lois 74 Clubview Dr. Lot 27, Blk. 5 4 Spielman Irwin, Pa. ' Seagate Ext. Domenick Cappetta 103 E. 84th St. Lot 28 & N65' of ~ New York, N.Y. 29, Blk. 5 4 Seagate Ext. William 3.B. Pedrick 2325 N.E. 28th St. S35' of lot 29 Pompano Beach, Pla. all of Lots 30,31 32,33,34,35, & 36 Blk. 5 Seagate Ext. Harold & Alice 2005 W. OklahomaAve E75' of Lot 38 Mueller, ~o Mueller Milwaukee, Wis. Blk. 5 Climatrol Corp. P.O. Box 401 Seagate Ext. Charles R. Risdon,Jr. 233 Ridge Rd. W50' of .Lot 39, Grossee Point Farms E25' of 40 Blk.$ Michigan Seagate Ext. Mary L. Plym Kawneer Co., W75' of Lot 40Blk.5 4 ~o Lawrence 3. 'Plym Niles, Michigan Seagate Ext. Sarah E. Twyeffort 936 5th Ave. Lot $ New York 21' N.Y. Ocean Breeze Estates 4 Anna:Webb Petter Blandville Road Lot 12 4 Paducah, Ky. Ocean Breeze 'Estates Wray B. & Wilma~ Bailey 18061 Santa Barbara Lot 10 & S33.3' 4 ~ Detroit 21, Mich. .of 11 - Seabreeze Park Anthony T. Totero,M.D.4 E 89th St. Lot 9 less EiO' ~' New York 28, N.Y. Blk. "F" High ' ' 4 Acres 1st Addn. Thcs. J, & Isabell 15 Spruce Ter. Lot § Blk. 1 4 ' Pritchard ' Packanak Lake,~.3. Totterdale Addn Walter & Mary Wisocky P.O. Box 402 Lot 7, Blk. 1 4 . Delray Beach,Fla. Totterdale Addn. Frank 'L, & Dorothy M.: P.O, Box 1637 Lots 8,9,610 Blk.1 4 Sprayberry Delray Beach,Fla. Totterdale Addn. Russell E. & ~ene 7028 Ragland Rd. Lot 1, Blk. 1 4 H. Forshee Cincinnati 44, Ohio Totterdale Addn. Submitted ~o the City Council by the City Manage~ this 12th day of June 1961.