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07-10-61 JULY lO, 1961. A regular meeting of the City Council of De]may Beach was held in the Council Chambers at 8:00 P.M., with Mayor George V. Warren in the Chair, ~City Manager George Mingle and Councilmen A1 C. Avery, Glenn B. Sundy and John A. Thayer being preseut. An opening prayer was delivered by the Rev. Robert G. Morey. On motion by M~. Thayer and seconded by Mr. Sundy the minutes of June 26th Council meeting were unanimously approved. Mayor Warren welcomed those present and asked that, under recognition of public requests from the floor, anyone having anything to say concerning annexation of property involved in the ordinances to be read for the second time tonight leave their comments until later in the evening when the ordinances are read. Attorney Neil MacMillan presented the following Resolution on behalf of the Palm Beach County Taxpayers League, Inc. "Whereas the City of Delray Beach has indicated its intention of ~nnexing various lands ad~acent to the city, without referen- dums of the areas involved or without consent of th~' ~roperty owner8, ~d "Whereas there was recently called 8 meeting of the residents in the surrounding areas of Delray Beach, at which meeting there were in attendance in excess of one hundred and fifty (150) persons, the great majority of which object to this action on the paut of the City of De]may Beach, and "Whereas a committee was appointed to take such action as may be warranted to object to and contest the action of the city. "NOW THEREFORE BE IT RESOLVED BY SAID COMMITTEE AS FOLLOWS: "1. Objection is hereby made to annexation of County lands by the City of Del~ay Beach without consent of the parties involved or without referendum of the areas involved for the following reasons: "a. Such action is Un-American and Un-Democratic in that annex- ation by small land parcels does not allow those involved to ex- press their desires (objections) without resorting to legal action. Such action on the part of the city is repugnant to freedom loving people. "b. Such action on the part of the city will create friction and hard feelings with its neighbors and friends living outside the perimeter of the City Limits. If it is felt that those outside are not welcome within the city, the city should directly say so and those outside can trade and shop elsewhere. (The Post Office Depratment determines what mailing address shall be used based on the adressee,s location.') "c. There is no foundation in fact for the argument of the city attempting to ~square up, its boundaries. The irregularities in many instances were created by city's action for exazmple annex- ation (i.e. annexing of North Seacrest Blvd. with a few odd lots adjoining thereto.). Further there will always be voluntary annexations which create additional irregularities. What dif- ference does it make if boundaries are irregular? Boundaries are at best nothing more than arbitrary lines which would con- tinually be changing! "d. Such action on tho part of the city is apparently also based on the premise that those outside the city are receiving 'some- thing for nothing,. This is a fallacy as those outside pay for the services rendered them i.e. pay for their county garbage service, provide their own wells for water or where using city 7-10-61 · ,T!l ]. y ]0, water pay twice the city rates. Certain areas outside the city receive fire protection from Del-Trail Fire ~Eepartment, Inc. for which they pay membership dues. They are subject to all the zoning and other regulations of the county which in many instances are higher than the city. Many of them support directly or in- directly many of the services they use in Delray Beach i.e. Library otc. "e. Those living outside the city are no more tfree-loadingt on the city than the tourists that we all welcome in the winter season or all those who live in Boynton Beach, Gulfstream, Boca Raton, or other municipalities or other parts of the county who do business, trade in, or pass along the streets of Delray Beach. "2. That the City of Delray BeaCh, if it desires to expand its city limits rely on its ability to be able to render sufficient services to Justify those on the outside preimeter voluntarily requesting annexing to the city. If the services rendered do not Justify voluntary annexation and the accompanying taxes, it is suggested the city spend more time on providing better services at more economical rates. "3. That the city and all those living in the community area, in or out of the city, spend more time on creating a friendly atmo~sph~ere. Coercion can only result in financial and e~Onomic lOSses' 't~ the merchants and buSiness men of the area, and will tend to stagnate the normal growth of the area. Our reputation for friendliness will be greatly damaged. (Remember the results of the Ocean Ridge action?) ~ "4, That all annexations by the City of Delray Beach other than voluntary or by referendum of the areas involved be resisted to the fullest extent legally possible by this committee. "5. The committee commends .the City Council of Delray Beach in rescinding their recently adopted ordinance which would have t annexedt without referendum or consent of the property owners involved. It is the sincere hope of the committee that no further action of this type will be taken by the city, and that our present friendly relationships may continue. "6. That a copy of this resolution be furnished the City of Delray Beach, Delray Beach Chamber of commerce, Delray Beach Realty Board, Honorable Ben Sundy, Chairman of the Board of County Commissioners, the Palm Beach County LegislatiVe dele- gation, and such other organizations or medias of information concerned with the general welfare of the Delray Beach area. "Adopted this 13th day of June 1961. Committee in Opposition of Forceable Annexation /s/ Geo. W. Abberger, Chairman /s/ John W. Wilmer, Secretary" Mayor Warren asked City Attorney Adams to read the following Florida Supreme Court Case of 1952 which was sited again, with approval, in 1959: "The emphasis was on the individual and his protection, Perhaps it is but a testimonial to the currently prewaillng philosophy of togetherness and the organized man, but in cases of this nature the emphasis is no longer on the rights of the individual but on community expediency. This shift was aptly chronicled in Gillette v. City of Tampa, when the Florida Supreme Court approvingly quoted from a Virginia case. "It is no answer to an annexation proceeding to assert that individual residents...do not need or desire the governmental " services rendered by the citY. A county resident may be willing to take a chance on police, fire and even tolerate the inadequacy of sewerage, water and garbage service. As long as he lives in -2- 7-10-61 -!u!y ]0, ]96]. "an isolated situation his desire for lesser services and cheaper government may be acquiesced in with complacency, but when the movement of population has made him a part of a compact urban community, his individual preferences can no longer be permitted to prevail. It is not so much that he needs the city government, as it is that the area in which he lives ~eeds it." Mm. Monk Famram, who lives in the county between Delray Beach and Boynton Beach, said that in the past it has been proven that Delray Beach did not have enough to offer the outlying areas, but if the new Civic Center is used properly and the people in the outlying areas having something concrete that the city is doing for them, think that they would take annexation in stride. Mr. Farrar also stated that the people in the outlying ameas had met with a lot of arrogance, snobbish- ness and social climbing and a lot of bragging about nothing _-Nd that is what people resent. When De]may Beach produces something and makes this a friendly atmosphere and welcomes these people they will want to come into the City and be proud to be a part of it. Mr. Melville Riley, a long time resident of Delray Beach, inform- ed the Council that when he read in last weekls De]may Beach paper that the managers of the Tennis Courts and the Swimming Pool have been ordered not to give lessons and not to sell things in those places, he was much surprised and asked the Council to reconsider this action,. because you cantt have a professional of a tennis court or swimming pool who cannot give lessons and have things conducted satisfactorily for the City. ~. Riley also pointed out that Mr. Steve Forsyth is nationally known as a swimming instructor and considers him to be one of the greatest assets of the City and thinks De]may Beach is losing a tremendous advantage if they do not have someone that can give swimming and tennis lessons. Mayor Warren stated that the city has a Recreation Committee that spends many hours of study concerning the swimming pools, tennis courts and other forms of recreation thmoughout the city and that there has been a new Director of Recreation employed, also an. assis- tant suDervisor for the community center, these two having been se- lected by the Recreation Committee, not the Council, but that all consideration will be given to both of the teachers at the tennis courts and swimming pool and that the Council is aware of their ability. Mayor Warren further stated that it had been questioned if a man is paid for an eight houm work day, should he be compensated for giving lessons during the pemiod of time that he is working for the city. Mr. Riley stated that he had never seen Mr. Forsyth clear the pool 'to give a private lesson. Mayor Warren read the following letter from 'Mr. Cottingham Allen dated July 6th'to Dr. Munroe Father, Chairman of the Recreational Advie-x,y Board: "I am writing you with reference to action being taken by our city's recreation department, as reported in todayts issue of the News-Journal. "I hope you will do all in your power to impress upon the City Commission a realization of how important it is to rescind this action and to follow a practice more in keeping with the ob- Jectives of our community, and particularly the tennis enthusi- asts therein. "No doubt the young man so recently appointed recreation director is acting in good faith and, although he has not even had time to familiarize himself with conditions in our community, I hope his error was made purely as a result of his teachings elsewhere and was not, as some believe, a course of action d~Ictated to him by a commissioner with an ax to grind. "Some textbook referring to city recreation facilities may pre- scribe the formula proposed and, possibly, it might be most ap- propriate for use say in P~inesvXll.e,Ohio. But this is Delray Beach, Florida, a resort area. -3- 7-10-61 "It has taken you and many others years to build our city tennis activities up in quality and caliber to a point where resident and discriminating tourist alike take pride therein and par- ticipate with genuine pleasure. A real professional is essen- tial to such a facility and no real-~-6fessional can be expected to serve without the stan_dard r~Ht~s and privileges of his pro- fession." -- Mrs. Whalley, a former Council woman stated that she does not know of the swimming pool ever having been cleared for swimming lessons, and thinks it would be a mistake if there was not an in- structor who could give private lessons. Mr. Hamry Brock complained about the condition of a piece of property at the intersection of N. E. P_nd Street and 1st Avenue and said that the lot was in violation of all the ordinances pertaining to the conduct of a piece of real estate in the City of Delray Beach. It was agreed that Councilmen Thayer and Sundy would inspect said piece of property with Mr. Brock. Concerning the court case that Attorney Adams read tonight, Att,y Neil MacMillan stated that the city might have the legal right to annex property but asked, as a citizen, .taxpayer and business man, that the Council not arouse everyone by forceably annexing property but try to offer them something so that they will come in voluntarily, further stating that he believed if the Council proceeds on the pre- sent basis there will be trouble. Mayor Warren gave the assurance that any future annexation will probably be handled in a different manner other than what will be followed through on tonight, in what manner he doesn,t know at this t ime. Mayor Warren read the following two items from the JUne 29th Beautification Committee Meeting Minutes: "Chairman Britt read a letter of thanks from a winner of the Committee,s certificate of merit." "After looking over plans for the p~oposed new scout hut, a motion was made by 2~. Sante, seconded by Mr. Merritt, that the Committee go on record favoring the plans as submitted by the Scout Committee." The Mayor then read the following three items from the July 6th Beautification Committee Meeting Minutes: "On motion by ~. Knowles, seconded by ~s. Little, the Beauti- fication Committee minutes of June 29, 1961 were corrected to include under budget request items, 'the employment of a Parks Direc tot. t "A motion was made by Mr. Enowles, seconded by M~. Lankton, that the Council be requested to follow up on the boat land- ing improvement at 10th Street as proposed by Palm Beach County. "A motion was made by Mr. Lankton, seconded by Mr. Knowles, that the Council be requested to increase the number of coco- nut palms, or varieties, along Ocean Blvd. using trees donated to the city, cost of moving these trees to be taken from the Beach Improvement or Beach Disaster Funds or from interest accrued on these funds. Number of trees needed and estimated cost involved to be investigated and reported to the Council by Ym. Knowles." City Clerk Worthing read the following letter from the Office of County Engineers, Palm Beach County, dated July ?th: "I am enclosing herewith Deed for execution by the City of Delray Beach covering a proposed Boat Launching Site located in part of Lot 9, Block 2, Model Land Company Subdivision of the West half of Section 21, Twp. 46 S., Rge. ~3 F. 7-10-61 "Together with a sketch showing the approximate location of the land covering the Deed. This is in accordance with previous correspondence with City and County." Mr. Worthing further stated that Palm Beach County has made pro- .vision to improve tb~ boat raz~p to the extent of $6,000.00 but it is their policy to require a deed to whatever property they are contem- plating improving. This R/W deed comprises that portion of the North 100 feet of Lot 9, Block 2, Model Land Company Subdivision of the West half of Section 21, Twp ~6 S., Rge. 43 E., as .recorded in Plat Book 1, page 128, Palm Beach County Public Records, which lies east of a line parallel to and 40 feet easterly of, measured at right angles to the southerly extension of the east right-of-way line of 7th Avenue as same as shown on the plat of Rio Del Rey Shores, as recorded in Plat Book 25, page 5, Palm Beach County Public Records, making a parcel of land approximately 100~ by 80, and that authorization of this R/W deed is recommended by the City Manager. Upon question about the reverter clause, Mr. Worthing read the following paragraph from said R/W. deed: "This deed is made for the purpose of giving and granting to the party of the second part, its successors, legal representa- tives and assigns, a right-of-way and easement in and to said lands for public purposes; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned for public purposes the title to ~he same shall thereupon revert to and revest in the party of the first part or its successors or assigns." It was moved by ~. Sundy, seconded by Mr. Avery and unanimously carried that said deed be executed. City Clerk Worthing presented an application for Certificate of Public Convenience and Necessity from Fred Jones of 11~ N. W. 10th Avenue for the operation of a Taxicab service. It was moved by Mr. Thayer that this application be processed in the usual manner, that a Public Hearing be provided for July PJ4th and that in the meantime licensed Taxicab operator~ be notified of such Public Hearing. The motion was seconded by Mr. Sundy and carried unanimously. City Clerk Worthing read the following letter from William L. Carpenter, dated June 29th: "For personal reasons, it is necessary that I tender you here- with my resignation as MUnicipal Judge Ad Litem, of the City of De]may Beach, Florida, effective immediately." It was moved by Mr. Thayer, seconded by Mr. Sundy and unanimously carried that Mr. William L. Carpenter,s letter of resignation be accepted. It was then moved by Mr. Avery, seconded by Mr. Sundy and unani- mously carried that Attorney Charles Byron be appointed as Municipal Judge Ad Litem. City Clerk Worthing reviewed a report of alleged nuisances exist- lng in violation of Ordinance No. G'i~? furnished the City Manager by the Fire Department. It was moved by ~h~. Thayer, seconded by Mr. Sundy and unanimously carried to direct the City Clerk to comply with Ordinance No. G-388 as applicable to this nuisance survey report. (Copy of list of nuisance violations is attached to and made a part of the official copy of these minutes.) Pages P/~-A thru 2/~-F. City Clerk Worthing read the following letter from Linda M. Jarovitzky dated July ?th: "Your notice to clear our lot described as the N} of Lots 17 & 18, Block 12, Dell Park, was forwarded to me in Highlands. "As we have Just recently arrived here for a much needed vaca- tion through July and August, I regret that I will be unable to attend to this lot clearing until my return to Delray on September 5th. -5- 7-10-61 Ju!¥ 10, 1~6! "Last sum~er, at the City's request, I had this lot machine ~eared, all growth uprooted and hauled away, at a cost of $?$.00. The present g~owth can nOW be cut down easily and ~r. Jarovitzky wishes to do this himself on our return. "I respectfully request that the City Council grant us this extension of time, which will be very much appreciated. "Our address until September 1st is c/o General Delivery, Highlands, N.C. With many thanks for your kind interest and favor." It was moved by Mr. Thayer to grant the request of additional time · with the understanding that said property would be cleared by volun- tary procedure or by city forces dUring the month of September. The motion was seconded by Mr. Avery and carried unanimously. City Clerk Worthing then read the following letter from Attorneys Byrd & Whitley, dated June 29th: "Re: N 150' of S 250~ of E} of Lot 12, less E 33' R/W and S 100' of E~ of Lot 12, less 33' R/W, Sec. 8-46-43. "Your letter of June 13th addressed to our client, Mrs. A. Grace Slane Weir, notifying her as the owner of the above described lands that the City Council of the City of Delray Beach did, on June 12, 1961, declare that a nuisance existed upon said property 'by weeds exceeding eighteen inches in height, also ,trees which by reason of height, proximity to neighboring'structures or physical conditions are hurricane hazards ! . "Please inform the City Council that Mrs. Weir is presently at her summer cottage in the mountains of North Georgia and does not plan to return to Delray Beach until about October first. That she has caused the above described premises to be cleaned of all weeds in excess of eighteen inches in height by having the said premises completely mowed and disced at her expense. "Regarding the trees on said premises Mrs. Weir does not want them cut or pruned by anyone until she can be present to super- intend said cutting and pruning. She emphatically denies that said trees are a hurricane hazard, and that the same will en- danger any of the buildings in the neighborhood other than her own buildings--for which she will assume all liability and re- sponsibility. "It appears to the writer that without some formal specifications as to the amount of trimming or pruning of the trees that it will be impossible for Mrs. Weir to comply with the City's notice. Regardless of whether or not the City or anyone else decides to prune these trees ~s. Weir wishes to notify ~you not to go upon the premises until she returns and comes to some amicable agree- ment with some representative of the City as to the amount of trimming or pruning required to be done in order to remove the alleged hurricane hazard created by said trees. "It would be appreciated if you would inform the City 'Council that Mrs. Weir has cleansed her property of weeds and respect- fully requests that no further action be taken in regards to said notice as to the cutting of the trees until she returns in the fall, at which time proper arrangements can be made so that all parties interested can come to some agreement regard- ing said pruning and trimming of the trees. "I am sure that this request by Mrs. Weir is not urareasonable, as she is one of Delray Beach ts largest tax payers, and I trust that this request will meet with the favorable consideration of the City Council." -6- 7-10-61 Mayor Warren stated that this property had been inspected by the Council today and it is four~l that the ground is two or three feet higher than the street level and above that is a berry bush of about four feet height all a~ound the property; also that theue are some fifteen trees along Swinton Avenue, but that the property within this area has been cleaned. 2"here was discussion concerning the corner hazard of the growth on this property and it was decided to investi- gate what should be cleared at the co~ner of Swinton Avenue and N. W. ~th Street in regard to said property and consult with Mrs. Weir ts attorneys concerning what needs to be done. Mayor Warren asked City Manager Mingle to contact Att.y. Byrd and see how this can be taken care of to everyone ts satisfaction. City Clerk Worthing informed the Council that the preliminary plat of the entire Delray Beach Highlands Subdivision was approved by them on December 5,. 1960 at which time it was determined by the developer, with Planning/Zoning Board and Council approval, to plat only portions thereof as determined by the developer. It is now the developers de- sire that the final plat of Delray Beach Highlands Section 2 be ap- proved which approval is recommended by the City Manager and Director of Public Works. It was moved by Mr. Thayar, seconded by Mr. Sundy and carried unanimously that the final plat of Delray Beach Highlands, Section 2 be approved. City Clerk Worthing presented the request of Mr. R. J. Holland for transfer of Liquor License No. 1110, issued to Paradise Incorpor- ated, from the former manager Willie Franklin to Robert A. DtAmore who has been checked in the usual manner and approved by the Police Department. It was moved by ~. Thayer, seconded by Mr. Avery and unanimously carried to grant said requested transfer of Liquor License. City Clerk Worthing presented the following bids that had been received for supplying the City Water Plant with a 10" Sparling flanged tube meter and stated that it had been recommended that pu~- chase be made from the low qualified bidder. Hersey-Sparling Co. $640. O0 Charles Sales Corporation $?37.00 It was moved by Mr. Sundy, seconded by Mr. Thayer and unanimously carried that the bid be awarded to the Hersey-Sparling Co., in the amount of $640.00. The City Clerk presented the following bids that have been re- ceived for a power tamper for the City Streets Department stating that it had been recommended that the low bid be accepted: Allstate Equipment & Rentals, Inc. $ 976.00 Kelley Machine Division $i, 176.00 It was moved by Mr. Avery, seconded by Mu. Thayer and unanimously carried that the bid be awarded to the Allstate Equipment & Rentals, Inc. in the amount of $976.00. City Clerk Worthing presented the following bids received for furnishing one steam cleaning unit and stated that '+he .bid of Aeroil Products Company has been determined not to be in accordance with the specifications furnished nor meeting the requirements thereof, and it is therefore recommended that award of purchase be made to B & B Chemical Company. Aeroil Products Co., Inc. $825.00 B & B Chemical Company, Inc. $895.00 It was moved by Mr. Sundy, seconded by Mr. Avery and unanimously carried that the award be made to the B & B Chemical Company in the amount of $895.00. The City Clerk presented a request from the Church of Christ for perraission to erect a tent on S. W. 12th Avenue at ~nd Street for a period of three weeks, and stated that in prior years Council approval -7' 7-10-61 222 July for such service had been granted subject to thorough inspection of the tent proposed to be used by the Chief of the Fire Department to assure its being fireproof. Mm. Sundy moved that said request be gmanted. The motion was seconded by M~. Avery and carried unanimously. City Clerk Worthtng read the following letter from the Jaycees dated June 9th: "The Del~ay Beach Jr. Chamber of Commerce requests that the City of Delray Beach lease to the Chamber a piece of city owned land for the purpose of erecting a club house. Along with the club house we would attempt to beautify the grounds in accord- ance with the City Beautification Committee. At present M~. Leroy Merritt is chaizmmn of the club house project, and as you may know, is also a member of the Beautification Committee. "At ou~ general business meeting June ?, 1961 we discussed several parcels of City property which seemed to us to be a good location for' a JayCee club house. We settled on three choices and they are listed below. We are considering the purchase Of a frame house and moving it to the property. If this would not meet with the zoning bosmds approval on the sites selected, please advise me. "The property the JayCees selected is listed below according to choice: 1st - South Swinton between 9th and 10th Streets 2nd West Atl. near present P.B.A. club house 3rd '- Lake Ida Road (NW 4th St.) North side. "I await word from you on this proposal, aud if there are any questions you may have please let me know." It was moved by Mm. Sundy that this request be referred to the Planning/Zoning Board to see if they Can work out some deal. The motion was seconded by PM. Avery and carried unanimously. City Clerk Worthi~g read the following letter from Reverend G. B. Bennett, dated June 26th.' "I, Reverend G. B. Bennett, pastor of Church of God and Christ of Delray Beach, Hlorida, submit a request for permission to use a hall located on: Lot 25, Block 1, Atlantic Park Gardens, Delray Beach, Florida. "We are Just beginning to build up a Congregation here and eventually will build a better Church, therefore, we respect- fully ask your permission to go on with this work. We have contacted all residents in that neighborhood and we have their full cooperation. Thanking you for your kind consideration." It was moved by ~. Thayer that this item be referred to the Planning Board for their review, public hearing thereon and recommendations. The motion was seconded by ~. Sundy and carried unanimously. After question from a member of the press, it was moved by Mr. Sundy that the press box be raised, the motion being seconded by Mr. Thayer and carried unanimously. Mayor Warren then asked the City Manager to see that this was taken care of. City Clerk Worthing read ORDINANCE NO. G-399. AN 0RDINAI~E OH THE CITY OF DELRA¥ BEACH, FLORIDA, ANNEXING CERTAIN LANDS HEREINAFTER DESCRIBED AND BEING IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST. WHEREAS, the City Council of the City of Delray Beach, Florida, has determined that the hereinafter described lands are contiguous to the ?-10-61 existing municipal boundemy limlts of the City of Delray Beach, Palm Beach County, Florida; and WHEREAS, LAKE 'IDA DEVELOP}~.NT CORPORATION is the fee simple title holder of the property hereinafter described, and has consented and given permission for the annexation of said property by the City of Delray Beach; and WHEREAS, The City of De]may Beach, Florida, has heretofore been authorized to annex lands in accordance with Chapter 27510 as con- tained in the Special Laws of Flarida, Acts of 19~l. NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the City Council of the City of De]may Beach, Palm Beach County, Florida, does hereby annex to said City the follow- ing described tract or parcels of land located in PaLm Beach County, Florida, which lie contiguous to the existing boundaries of said City; to-wit: The S 334.37' of the W 1043.36' of Lot l?; Lot 18 less the S 200t of the E 260' and less the N 468.33~ of the E 300'; also the %/ } of Lot 19 less the N 130~ of the S 150~ of the W 620~ of the E 660t and less the Rd R/W; the N ~ of the W } of~the E -~ of Lot 19 less Rd R/W; and the SE ~ of the SE ¼ of the NW ¼ of the SW 4; also the N } of the NE ¼ of the SW ¼ of the SW¼; ALL of described lands being in Section 8, Town- ship 46 South, Range 43 East. SECTION 2. That the boundaries of the City of Delray Beach are hereby redefined so as to include therein the above described tract of land, and said land is hereby declamed to be in the corporate limits of the City of De]may Beach, Florida. SECTION 3. That said lands hereinabove described shall immediate- ly 'become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities (except that said lands, being annexed hereby, shall not be subject to ad-valorem taxation until the taxable Year commencing January 1st, 1962, and further, that assessment there- of, for taxation purposes, shall be in the amount of $1,500.00 per acre, until such time as said lands shall become platted), ordinances and laws to which lands in the City of De]may Beach are now or may be, and any' persons residing thereon shall be deemed citizens of the City of Delvay Beach. SECTION 4. That all of the property hereinabove described and hereby annexed to the City of De]may Beach, Florida, shall, upon the effective date of this Ordinance, be zoned and placed in "R-1AA Single Family Residential District", as defined in Chapter 29 of the Code of Ordinances of the City of De]may Beach, Florida. SECTION 5. That if any word, phrase, clause, sentence or part of this Ordinance shall be declared illegal by a Court of competent Jurisdiction, such record of illegality shall in no way affect the remaining portion. SECTION 6. This ordinance shall take effect .immediately upon becoming a law. PASSED AND ADOPTED in regular session on this second and final reading this 10th day of July A.D. 1961. There being no objection to Ordinance No. G-399 it was moved by M~. Sundy, seconded by ~. Avery and unanimously carried that said Ordi- nance be passed on this second and final reading. -9- 7-10-61 July !0, 1961 City Clerk Worthing read ORDINANCE NO. G-400. AN ORDINANCE DECLARING THE INTENTION OF THE CITY OF DELRAY BEACH TO ANNEX CERTAIN LANDS IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, TO THE CITY 0F DEI~RAY BEACH, FLORIDA. WHEREAS, it is deemed for the best interest, safety, health, and general welfare of the citizens of the City of Delray Beach, Florida, that certain lands be annexed to the City of Delray Beach; and WHEREAS, said tract of land is contiguous to the present boundary of territorial limits of the city and that, when annexed, it will con- stitute a reasonably compact addition to the incorporated territory with which it is combined; and WHEREAS, there are less than ten freeholders contained in the area which is to be annexed; now, therefore BE IT ORDAINED BY THE MAYOR AND CITT COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA; (1) That in accordance with Section 185, as amended, of the Charter of the City of Delray Beach, upon the expiration of 15 days from the final passage of this ordinance, the City of Delray Beach shall by ordinance annex the following described lands, making them a part of the corporate limits of the City of Delray Beach, Florida, all of said lands being in Section 9, Township 46 South, Range ~3 East: That part of Lot 1~ lying East of Intracoastal Waterway and that part of Lot15 !v~ing N of De~l~ay Isle S/D (PI.Bk.24-1165); also the N ~ of the N ~ of the W ~ of Govtt. Lot 1; That part of Lots 12 & 13 lying East of Intracoastal Waterway and LESS Rd R/W; also Lot 32; Lots 30, 31 and 33 ALL LESS R/W of Roads. (2) That this Ordinance shall be published in full once a week for two consecutive weeks, in the Delray Beach News-Journal. (3) Qualified objectors may object to such annexation within the time and in the manner provided by said SectiOn 185, as amended, of the Charter of the City of Delray Beach, Florida. (4) Should any section, clause or provision of this Ordinance be declared by a Court of Competent Jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole or any part thereof, other than that part so declared to be invalid. (5) This Ordinance shall be in full force and effect immediately upon its final passage and publication in a newspaper published in Delray Beach, Florida. PASSED AND ADOPTED this the 10th day of July, 1961. It was pointed out that ~an agreement had been made concerning zoning, assessed valuation of the lands contained in said Ordinance. There being no objections to Ordinance No. G-400 it was moved by Mr. Sundy that said ordinance be passed and that it be a part of the agreement that D~. Ra~ho~nts property be zoned C-1 and said lands be exempt from the bonded indebtedness; also that when the Christenson~s sell their property the agreement concerning nuisance violation does not apply. The motion was seconded by ~. Avery and carried unani- mous ly. Attorney Clinton Scott read the following letter addressed to John A. Thayer, Chairman of the De/ray Beach Annexation Committee and dated July 10th: -10- 7-10-61. "You asked that I express in letter-form the arguments I ad- vanced in our meeting on Saturday morning last, opposing the annexation ordinances to be presented for second and final reading this Monday.; while'I entertain little doubt that the City Com~ission will pass these annexation ordinances, you nevertheless felt that I should w~ite my letter. "To begin with, let me say that as a Delray Beach home-owner, taxpayer, booster, and this being the town where I practice my profession, I would not represent a cause contrary to the City, since I believe anti-annexation is in the best interests of the City, I have agreed to represent Marineway Gorporation and The Wedgewood in opposing Ordinance G-401. "My reason for feeling that annexation moves by the City are a detriment to the City is the ill-will it has created and will continue to cause unless the City withdraws from its present tact of forceful annexation and follows instead a course of peaceful annexation. "Referring to your letter,'Mr. Thayer, I take no particular issue withwhat you'have said, except it does seem the City could have waited a reasonable time after your letter was mailed, for recipients living in the unincorporated outskirts of Delray Beach to approach the City, instead of immediately following your letter with these ordinances. '~or example, I.believe the City should use some of its capable officers to solicit these people individually, showing them that in many instances where they are paying double for City water, that by coming into the City they would nearly, off-set the resulting taxes; in some instances, hazard insttrance is less for property within the municipality. In the case of our tennis, and shuffleboard courts, swimming pools, Recreation Center and Library, why not make it a membership proposition, charging non-residents 3 or 4 times the dues you would Charge City tax-payers? In other words, this town is attractive; why not sell it to our neighbors out of the City limits rather than trying to cram it down their throats? "The City as it now exists has an ample tax-base, that is, suf- ficient tax revenues are now realized to meet the budget for City services. While annexation may increase the tax-base, it also increases the demand for City services; it seems to me this business works both ways. Further, Delray Beach is build- lng up; there are many vacant properties; as these lots are built upon, the City will have a natural increase in its tax- base with little relative increase in cost of services. "It occurs to me the real heart of the matter is the ill-will the City causes by forcing annexation; I fear economic re- prisal, Just as has been the case of Ocean Ridge against our downtown merchants. Ask any of our merchants how.the City's policy on a Colored beach has affected trade with Ocean Ridge customers. This same result could accrue from antagonizing our neighbors outside of town who are now the source of sub- stantial business for our local trades people; while the leaders of the anti-annexation movement disavow such thoughts, I sense its presence in some of the statements which have been made. "Delray Beach has long been recognized as a harmonious, friendly town, and because of this, it has attracted people of the high- est caliber; lately the press coverage has conveyed an entirely different impression, a hostile, aggressive City Com~ission, bent on harboring a Colored beach in a neighboring all-white community, trying to save a few dollars by awarding the City Hall and Re- creation Center construction to out-of-town firms, and now at- tempting to annex unincorporated areas, simply to 'square off' its boundaries, and incidentally, to receive more tax money. For the good of Delray Beach, I respectfully ask the City Commis- sion to stay all annexation proceedings pending further study. -11~ ?-iS- . 2S6 "In the case of Marineway, ~. ~ichaels tells me that his first choice of location was the former Harris property at the South- east corner of the' Atlantic Avenue bridge; however, he was pre- vented by the City from building there because his use was non- conforming under the City Zoning Code; he thereafter chose what he felt was a less desirable location, at the 8th street bridge. Now the City wants to take Marineway into the City; is it fair to have prevented Marineway from being built in the City in 1957, and Just four years later, in 1961 after the building is up to insist that they pay City taxes? "In the case of Wedgewood, it has attracted extremely desirable Winter visitors to Del~ay Beach; these cooperative owners pur- chased their apartments based upon assessments which excluded City tdXo. s j' Now when' nearly everyone of the owners is up North for the Summer, the City takes its action to annex. Certainly for these good people, a moratorium on G-401 is in order until these folks get back down here next Season. "As for both Marineway and Wedgewood, what services can the City offer? For police protection, they have the County Sheriff's Department; for roads, they have County maintenance; for trash, they have a private agency; for fire protection, ~hey have Boynton Beach and Del-Trail; for water, they have gone to the expense of digging wells. Annexation for them means Just one thing: City taxes; even their insurance will remain the same cost. "~t is true that Boynton Beach and Boca Raton now reach our North and South borders, but what difference does this make to Delray Beach? I hope for their sake that these towns are able to offer adequate services to their sprawling City limits. As for Delray Beach, we seem to do alright the size we are; as the area around us grows, let the people Join the City who want to come in, but letts not try to make these people on our out- skirts unwilling residents of the City. "The i~waediate reaction of the Cityts annexation move was mass meetings, called and attended by Pesponsible people. It should 'be manifestly clear to the City Commission that annexation is not favored by our neighbors in the outskirts. As a matter of fact, I seriously doubt whether the average taxpayer of Delray Beach wants to forcibly annex any outlying areas. "Recall. the furor over the design of the new City Hall, and the sale of the Golf Course - both drew wide public criticism, and in both instances, the City Commission, charged as it ia with carrying out the electoratefs wishes, asked for public hearings and acted accordingly. I hope the City will now see the folly of this annexation attempt before more harm is done; I hope the City will not make the mistake of acting hastily and un- wisely, only to regret its action later when the damage has been d one. "Aside from the Constitutional question whether the City can do indirectly by small grabs of .less than ten property owners per ordinance, what it cannot dO directly, I believe since you and Mr. Worthing tell me that some people are voluntarily ask- ing for annexation, that a Referendum should be held in all the areas a~ound the City; if two-thirds of these people vote 'Yes', you have at least used Democratic methods to annex them. .I ~romos~e .that. a_l_l annexation b_e stayed for. 180 days, long enough tO hold a R~ferendUm after the City has done a public relations Job to sell itself to the outlying areas. The alter- native to my proposal will be protracted litigation with attend~ ant bad publicity and irreparable ill-will." Councilman Avery then commented as follows: "Mr. Mayor, we have set down and discussed the need for certain annexation. There are eerte~n ~re~s oont~uous to ou.~ ~cwn that, fo~ the.good of our town, need annexing. For the reason of our public good, the approach to our to~n because of police action that stems from that town because -1~- 7-10-61 they control the approaches to our town are highly necessary and you will find in the City Hell here an agreement that I signed expressing the need for this annexation and I stand firm on the fact that there is a definite need and I agree with Mm. MacMillan· ~und I dontt think there is anybody in the room that cares to sit down and discuss with me the crying need to this town, to the protection of our merchants, the need to police, the many things that sincerely really affect the people in our town and the welfare of our town; however, I have had some very pointed calls today and a lot of discussion. One taxpayer and voter and a merchant who is much in favor of this annexation gave the proposition of what this is going to cost. Ail of these people who are being annexed and the majority are indicating that they will, what is the litigation going to cost us? It can be very, very ex- pensive when we get a little $100.00 bill for a guy Just telling us no. If we get into action, if it goes into a lower court and then up to a higher court, I think that we should have some counsel as to where we are going financially. We have a statement from you earlier that future action would probably be done differently. If it will, why doesn.t it apply to this action? I ran on a platform .... Will it build friendship and good will .... Is it fair to all concerned---. I am very concerned with some developments as to certain members of the Annexation Committee and their statements. I feel that I need further investigation before I am qualified to vote on these things. As a result, I think it is only fair, and I ask because I feel that I need more time to consider all the facts of these things which have developed mainly today, that this action be tabled, and I so move." Mm. Sundy said that he did not quite understand Mr. Avery.s line of thinking on this as he was the one that made the motion two weeks ago tonight to proceed immediately with these annexations. Nm. Avery further stated: "~.~. Mayor, let me clarify that for l~Ir. Sundy if I may. I made the motion and I said I s~end firm on the need, however I would like to emphasize the fact that I will never come into a public meeting with a closed mind, and I reserve the right always to change my mind or my statements or any motion." City Clerk Worthing then read ORDINANCE NO. G-401. AN ORDINANCE DECLARING THE INTENTION OF THE CITY OF DELRAY BEACH TO ANNEX CERTAIN LANDS IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, TO THE CITY OF DELRAY BEACH, FLORIDA. WHERF~S, it is deemed for the best interest, safety, health, and general welfare of the citizens of the City of Delray Beach, Florida, that certain lands be annexed to the City of Delsey Beach; and WHEREAS, said tract of land is contiguous to the present boundary of territorial limits of the city and that, when annexed, it will constitute a reasonably compact addition to the incorporated terri- tory with which it is combined; and WHEREAS, there are less than ten freeholders contained in the area which is to be annexed; now, therefore BE IT ORDAINED BY THE I~YOR AND CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: (1) That in accordance with Section 185, as amended, of the Charter of the City of Delray Beach, upon the expiration of 15 days from the final passage of this ordinance, the City of De]may Beach shall by ordinance annex the following described lands, making them a part of the corporate limits of the City of De]may Beach, Florida, all of said lands being in Section 9, Township 46 South', Range 43 East: 1. The South 2501 of Lot 6 lying East of McGinley & Gosman S/D and West of the Intracoastal Waterway ?.~S Rd R/%~; 2. The East 256' of all that portion of Lot 6 lying East of McGinley & Gosman S/D & West of the Intracoastal Waterway LESS Rd R/W and LESS the S 250' thereof: -13- ?-10-61 '23 July lC, 1961 (2) That this Ordinance shall be published in full once a week for two consecutive weeks, in th~ Delray Beach News-Journal. (3) Qualified objectors may object to such annexation within the time and in the manner provided by said Section lBS, as amended, of the Charter of the City of Delray Beach, Florida. (4) Should any section, clause or provision of this Ordinance be declared by a Cou~t of Competent Jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole or any part thereof, other than that part so declared to be invalid. (5) This Ordinance shall be in full force and effect immediately upon its final passage and publication in a newspaper published in Delray Beach, Florida. PASSED AND ADOPTED this the 10th day of July, 1961. There being no further objection to Ordinance No. G-401 it was moved by Mr. Thayer to pass said ordinance on this second and final reading. The motion was seconded by Mr. Sundy and upon call of roll, Mr. Sundy, Mr. Thayer and Mayor Warren voted in favor of the motion, Mr. Avery being opposed. City Clerk Worthing read ORDINANCE NO. G-402. AN ORDINANCE DECLARING THE INTENTION OF THE CITY OF DELRAY BEACH, FLORIDA TO ANNEX CERTAIN LANDS IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, TO THE CITY OF DEIRAY BEACH, FLORIDA. %~HEP~S. it is deemed for the best interest, safety, health, and general welfare of the citizens of the City of Delray Beach, Florida, that certain lands be annexed to the City of Delray Beach; and WHEREAS, said tract of land is contiguous to the present boundary of territorial limits of the city and that, when annexed, it will constitute a reasonably compact addition to the incorporated terri- tory with which it is combined; and WHEREAS, there are less than ten freeholders contained in the area which is to be annexed; now, therefore BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL 0F THE CITY OF DELRAY BEACH, FLORIDA: (1) That in accordance with Section 18~, as amended, of the Charter of the City of Delray Beach, upon the expiration of fifteen (15) days from the final passage of this ordinance, the City of Del- ray Beach shall by ordinance annex the following described lands, making them a part of the corporate limits of the City of Delray Beach, Florida, all of said lands being in Section 9, Township 46 South, Range 43 East: SOPHIA FREM~. Subdivi~sion Block ~ P_lat Book_ k, Lot 1 less S 8' Rd R/W and Lots 2, 3, 4 & 5; Lots 6, 7, 8 & 9; Lot 10 less S 10' and Lot 11. (2) That this Ordinance shall be published in full once a w~ek for two consecutive weeks, in ~the Delray Beach News-Journal. (3) Qualified objectors may object to such annexation within the time and in the manner provided by said Section 185, as amended, the Charter of the City of Delray Beach, Florida. (4) Should any section, clause or provision of this Ordinance be declared by a Court of Competent Jurisdiction ~o be invalid, the same shall not affect the validity of the Ordinance as a whole or any part thereof, other than that part so declared to be invalid. -14- 7-10-61 July lO, 1961 (5) This Ordinance shall be in full force and effect immediately upon its final passage and publication in a newspaper published in Delray Beach, Florida. PASSED AND ADOPTED this th~ 10th day of July, 1961. Mr. Madison Cash objected to his prorerty, contained in the above ordinance, being annexed to the City as he felt that the City had been very unfair in the past in refusing to pick up his garbage and trash even though part of his property was within the City limits, and he also objected to annexation because of the additional taxes he would have to pay. There being no further objection to Ordinance No. G-402, it was moved by Mr. Thayer to pass said Ordinance on this second and final reading. The motion was seconded by Mm. Sundy and upon call of roll, Mr. Sundy, Mr. Thayer and Mayor Warren voted in favor of the motion, Mr. Avery being opposed. City Clerk Worthing read ORDINANCE NO. G-403. AN ORDINANCE DECLARING THE INTENTION OF THE CITY OF DELRAY BEACH, FLORIDA TO ANNEX CERTAIN LANDS IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, TO THE CITY 0~ DELRAY BEACH, FLORIDA. ~tEREAS, it is deemed for the best interest, safety, health, and general welfare of the citizens of the City of Delray Beach, Florida, that certain lands be annexed to the City of Delray Beach; and WHEREAS, said tract of land is contiguous to the present boundary of territorial limits of the city and that, when annexed, it will constitute a reasonably compact addition to the incorporated terri- tory with which it is c omblned; and WHEREAS, there are less than ten freeholders contained in the area which is to be annexed; now, therefore BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF .THE CITY 0F~ DELRAY BEACH, FLORIDA: (1) That in accordance with Section 185, as amended, of the Charter of the City of Delray Beach, upon the expiration of fifteen (15) days from the final passage of this ordinance, the City of Delray Beach shall by ordinance annex the following described lands, making them a part of the corporate limits of the City of Delray Beach, Florida, all of said lands being in Section 9, Township 46 South, Range 43 East; ENMONT S/D,. _FIRST .A,DDI.T.I.0N ~Pla.t_ Book 22, Ps.ge, .2~.. Lot 21; Lot 22; Lots 23, 24, 25, 26 & Lot 28 less W 15'; West 15t of Lot 28. (2) That this Ordinance shall be published in full once a week for two consecutive weeks, in the Delray Beach News-Journal. (3) Qualified objectors may object to such.annexation within the time and in the manner provided by said Section 185, as amended, of the Charter of the Oity of Delray Beach, Florida. (4) Should any section, clause or provision of this Ordinance be declared by a Court of Competent Jurisdiction to be invalid, the stone shall not affect the validity of the Ordinance as a whole or any part thereof, other than that part so declared to be invalid. -15- 7-10-61 July 10, 1961 (5) This Ordinance shall be in full force, and effect immediately upon its final passage and publication in a newspaper published in Delray Beach, Florida. PASSED AND ADOPTE~ this the 10th day of ~uly, 1961. There being no objections to Ordinance No. G-403 it was moved by Mr. Thayer to pass said ordinance on this second and final reading. The motion was seconded by Mr. Sundy and upon call of ro11, Mr. Sundy, Mr. Thayer and Mayor Warren voted in favor of the motion, Mr. Avery being opposed. City Clerk Worthing read ORDINANCE NO. G-404. AN ORDINANCE DECLARING THE INTENTION OF THE CITY OF DELRAY BEACH TO ANNEX CERTAIN LAND~ IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, TO THE CITY OF DELRAY BEACH, FLORIDA. WHERF~$, it is deemed for the best interest, safety, health, and general welfare of the citizens of the City of Delray Beach, Florida, that cerSain lands be annexed to the City of Delray Beach; and WHE~$, said tract of land is contiguous to the present boundary of territorial limits of the city and that, when annexed, it will con- stitute a reasonably compact addition to the incorporated territory with which it is combined; and WHEREAS, there are less than ten freeholders contained in the area which is to be annexed; now, therefore BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL DELRAY BEACH, FLORIDA: (1) That in accordance with Section 185, as amended, of the Charter of the City of Delray Beach, upon the expiration of 15 days from the final passage of this ordinance, the City of Delray Beach shall by ordinance annex the following described lands, making them a part of the corporate limits of the City of Delray Beach, Florida, all of said lands being in Section 9, Township 46 South, Range 43 East: HARRY S~MILLER Subdivision .P. lat Book 9.~ Pa~e That. part of Lot 5 lying West of State Rd 5 (U.S. # 1) That part of N 198.96t of Lot 6 lying W of State Rd That part of 8 !!4.38t of Lot 6 and Ail of Lot 7 lying West of State Rdj %; Also Lots 1 thru 19 inclusive and 16. alley thru N-S center and 8t alley a~djacent to and on S~ side of BLOCK "B" in IA HACIE~DA S/D, per Plat Book 1~, Page 6. (2) That this Ordinance shall be published in full once a week for two consecutive weeks, in the. Del~ay Beach News-Journal. (3) Qualified objectors may object to such annexation within the time and in the manner provided by said Section 185, as amended, of the Charter of the City of Del~ay Beach, Florida. (4) Should any section, clause or provision of this Ordinance be declared by a Court of Competent Jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole or any part thereof, other than that part so declared to be invalid. (%) This Ordinance shall be in full force and effect immediately upon its final passage and publication in a newspaper published in Delray Beach, Florida. PASSED AND ADOPTED this the 10th day of July, 1961. --16- 7-10-61 Regarding Ordinance No. G-404, Attorney Alfred Aronovitz of Miami commented as follows: "Genelmuen, I represent Realma~t, Inc., and Fo~d Fair Stores Palm Beach, Inc., the owners of Lot 5 and Lots 1 thru 19 inclusive which is the subject of this proposed annexation. I have listened tonight to the communities discussion concerning the interest of the citizens and I tm reminded that the community as we know it was devolved from the Roman law that Cicero spoke of. Comotatis, a community of interest and what I believe I have seen tonight is a community of dis-interest, and it's that dis-interest Gentlemen that I propose to discuss with you tonight. My Client has well water, they have their own security protection, they have their own gsmbage disposal, they have the property, they have ~- D~oved it, the~e is nothing that tho'bity can do to benefit this particula~ property. The~e is no benefit that can be conferred. Absent of benefit, Gentlemen, there is no authority to annex this property, but we believe the deficiency is more serious than that. We believe that the notice that was provided is insufficient at law. You had three methods by which to p~oceed to annex property, one which is conferred in the General Law under Chapter l?l and two con- fer~ed by your Charter. Now I mean to call attention to the means that your Cha~ter gives to make annexations. Under Chapter 185 which purportedly governs this particula~ proceedings and which is similar in some respects to the General Law 17104, I call youm attention to the fact that it is different only in the following ~espects. It is different in that it shortens the time from 30 days to 15 days for the presenting of objections to the annexation that it Increases the number of property owners, not property owners, it changes the words property owners to freeholders. Now I want to let you know Gentlemen nha~t I .don,t ~e~.esent a freeholder, I represent a property owner. cer cnapteP I85 there isn,t one provision that would allow ustc come in and be heamd and we suggest therefore that you can,t proceed aS to these corporations under Section 185 of youP Cha~ter. You see, under the General Law it is provided that if at any time before the expiration of 30 days, any l0 registered voters of said city or town or any two owners of real estate in the district so proposed to be annexed shall object to such annexation, they maY apply by petition to the Circuit 'Court. Your Chsmter says that if at any time before the expiration of 15 days, any 15 freeholders of the City of De]may Beach or any 4 or mo~e freeholders of real estate in the district so proposed to be annexed shall object to such annexation, they may apply by petition to the CiPcuit Court of Palm Beach County. So there is no remedy for corporate objectors in this p~oceeding under Section 18~ which is a requirement under the Florida Law that for every wrong there must' be a remedy. Now, in addition to that technic- al problem, and I~m going to deal with that further in a moment; we suggest that the need for restraint even if you Gentlemen had the power would be one of the reasons for providing the power that was given to you, but to fly in the face of objectors, and there appear to be many, we believe it is just simple agrandizement for the pose solely of increasing the tax rolls. It was said once that there would be no taxation w.~thout representation and Gentlemen you are applying this annexation for the sole and simple purpose of taxing properties that were improved without any connection o~ benefit the City of Del~ay Beach, that being so, you are attempting here to- night in this intent to annex, to tax without representation, because if we were to follow Section 185 there would be absolutely no ~emedy and no way for us to oppose any action by the City. We suggest fur- ther that any action by this City through its officers to make deals with taxpayers is patently unconstitutional. You can,t tell us, you couldn,t agree if you wanted to, to tell us that the tax that we would pay next year would be $50.00, the next year $60.00, because you are obligated under you~ duty to the populace of this city to make a tax roll that reflects the value of property and you cannot serve two masters, You can,t serve the people who you move to annex, to conJole them in, and serve the citizens of Delray Beach in applying an accurate and fair and uniform tax basis. Now, I may tell you fur- ther because I have been here and I have listened to some of those objections and I remember that Mr. Cknistenson,s parcel had to do with grass growing. I am unaware of any authority that any city has to allow any one individual to be free from the police powers. It is true, you have the authority unde~ your zoning ordinances which are specifically set out in the Charter, specifically set out in the General Law, you have the authority to allow certain zoning variances but you can't tell one person that you are going to police their -17- ?-10-61 July ]0, ]961 property any differently from any one else. You haven,t that authority Gentlemen and so I am not here asking you to police our area any differently, I am not here asking you to tax it any differ- ently, Ilm here telling you Gentlemen that you don~thave the author- ity, by this method, to annex this property and I refer to your Section 185.1 tAnnexation of Territory by Ordinance' ~ection a. Consent of land owners prerequisite to passage on first reading. The City of Delray Beach, Florida may change its territorial limits by annexation of any unincorporated tract or tracts of land lying contiguous thereto and within Palm Beach County by ordinance duly passed, provided however that before any such annexing ordinance is placed on its first reading by the City Council the City of De]may Beach shall have secured the consent and permission of the owner or - owners of such tract or tracts p~oposed to be annexed. Now I call your attention to the difference in 185 which says that the City of De]may Beach, Florida may change its territorial limits by the annex- ation of any unincorporated tract (singular) of land---Gentlemen, this isntt a tract of land, it is owned by more than one person, it is composed of two subdivisions, or portions of them, it is a tract in the plural which requires, we suggest, the application of Section 185.1 of the Charter. We further suggest that in the dispute that arises between the times of notice, namely the 15 day requirement under the Charter and the 30 day requirement under the General Law that the 30 day requirement is imposed and must be followed. How- ever, we suggest that because these matters are as we have set out here and because we dontt mean to be taken in, at least not by this method, Gentlemen, that you vote against this intention to annex here tonight. Now, I may tell you that I had no knowledge prior to July 6th of any intention by the City to annex the property. I would suggest in this case and in others that annexation is not an im- possibility. It may be that you Gentlemen do have and the City does have some benefit to confer, but to try to make us drink the medici~e~. that's provided with this type of notice after first reading and we believe contrary to your Charter, is, we suggest, unfair and wrong. Now, I have set out what I believe to be the technical features of this problem that arises here, but I believe that absence of technic- al features that the best way to get annexation is with the people's approval. It seems to me that if you have a community of people whe. dislike you, no one really benefits from it and I cantt say that corporate dislike shows itself by trying to destroy government, I don~t believe it does. I don~t even ~elieve that individual dislike does that, but there is something here that differs here in our society from societies elsewhere and that is the right of the in- dividual to choose. Now what did these individuals choose, they chose to remain out of the City of Delray Beach, now that is not, we suggest, beyond salesmanship, beyond the ability to redeem, we believe that if a program is offered, not by offering them tax benefits that you couldn,t rightfully confer upon them without creating a problem elsewhere, but by offering them a service that my client would be amicable to it and I SUggest that all people would be too. But that Isn't what 'has been done here and in suggesting the technical defici- encies I don't mean to create the wrath that undoubtedly goes with any lawyer coming up and telling a group of elected officials that they canlt do it, but I sincerely and whole heartedly believe that you can,t do it and even if you could, you shouldn,t, and that, Gentlemen, is my position." Mayor Warren stated that the legal advise given them determined this action to be in order and asked Attorney Adams if he had any comments to make. Attorney Adams commented as follows: "True, there are General Laws and Specific Laws and it is my interpretation that Specific Law that the legislature granted the City of Delray Beach is the one that controls here. General Laws control the cities that came in under the General Law. Now, if the thing is 'contested and if they show that the burden would be upon them to show that not only are they not getting benefits now but als¢ they are devoid of any prospect of any benefits each of these tracts would depend on the particular facts and if they were taken to court I wouldn,t say positively one way or another, whether they would decide there were sufficient benefits. As far as the notice, we went strictly by the Charter and I think the Special Law here in this case would control it." -18- ?-10- 61. It was moved by Mr. Thayer that Ox~dinance No. G-404 be passed on this second and final reading. The motion was seconded by Mr. Sundy and upon call of roll Mm. Sundy, Mr. Thayer and Mayor Warre~ voted in favor of the motion, ~. Avert being opposed. The City Clerk read ORDINANCE NO. G-405. AN ORDINANCE DECLARING THE INTENTION OF THE CITY OF DELRAY BEACH TO ANNEX CERTAIN LANDS IN SECTION 21, TOWNSHIP 46 SO~TH, RANGE 43 EAST, TO THE CITY ~ DELRAY BEACH, FLORIDA. (copy of which is attached to and made a part of the official copy of these minutes) There being no objections to Ordinance No. G-405 it was moved by Mr. Thayer and seconded by Mr. Sundy that said Ordinance be passed on this second and final reading. Upon call of roll, Mr. Sundy, Mr. Thayer and Mayor Warren voted in favor of the motion, Mm. Avery being opposed. The City Clerk then read ORDINANCE NO. G-406. AN ORDINANCE DECLARING THE INTENTION OF THE CITY OF DELRAY BEACH TO A~E~EX CERTAIN LANDS IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, TO THE CITY OF DELRAY BEACH, FLORIDA. (copy of which is attached to and made a pa~t of the official copy of these minutes) There being no objections to Ordinance No. G-406 it was moved by ~. Thayer and seconded by ~. Sundy that said ordinance be passed on this second and final reading. Upon call of roll Mr. Sundy, Thayer and Mayor Warren voted in favor of the motion, Mr. Avery being opposed. City Clerk Worthing read ORDINANCE NO. G-407. AN ORDINANCE DECLARING THE INTENTION OF THE CITY OF DELRAY BEACH TO ANNEX CERTAIN LANDS IN SECTIONS 29 and 32, TOWNSHIP 46 SOUTH, RANGE 43 EAST, TO THE CITY OF DELRAY BEACH, FLORIDA. (copy of which is attached to and made a part of the official copy of these minutes) There being no objections to Ordinance No. G-407 it was moved by Mr. Thayer and seconded by ~. Sundy that said ordinance be passed on this second and final reading. Upon call of roll ~. Sundy, Thayer and Mayor Warren voted in favor of the motion, Mr. Avery being opp os ed. City Manager Mingle presented bills for approval as follows: General Fund $4~,.736.42 Water Fund - Operating Fund 2,432.53 On motion by Mr. Thayer and seconded by ;~. Avery, the Council unani- mously approved payment of the bills. It was moved by Mr. Avery that the following letter addressed to Mayor Warren from Harold J. Roig, dated July 6th, 1961 be made a part of the official minutes of this meeting and that it be answered by the Mayor. The motion was seconded by Mr. Sundy and unanimously carried. "You have doubtless learned of the 'vicious vandalism at our home ' in' D.elray Beach over ~he weekend of Ju~el l?~h when bur home.~was broken into and reduced to a shambles. The Police have now apprehended the ten boys and girls involved and I am told that appropriate proceedings will be had in the Juvenile Court. "The newspaper accounts (Delray Beach News-Journal June 22nd and 29th) gave only a meager idea of what took place. The pictures which the Police have and the facts that Detective ~. G. Roddick can furnish will give you the full story. -19- 7-10-61 .Tuly ~ 0 1'761 "This letter is to request that, in the interest of the welfare of the community and of the so-called I Juvenile delinquent, them- selves, you and the members of the City Council investigate this whole matter of Juvenile immorality and crime in Delray Beach and take appropriate steps to cope with it. "Unfortunately, our case is not an isolated instance. We have had frequent similar, though less flagrant, experiences in Delray Beach. I am told that this sort of thing is of common occurrence here and that organized gangs of young hoodlums operate freely in our community in the summer months with virtual immunity. The time for a hush-hush policy is past. The fact that similar things may occur in other places does _ not relieve Del~ay Beach of its responsibility for the situation there and is no excuse for inaction on the part of its duly con- stituted authorities. The existence of this sort of thing in Delray is Delrayls problem and one of its # 1 problems. So long as this condition exists here, what other places do or fall to do is no concern of ours. Delray must wash its own dirty lin6~ regardless of what others do about theirs. "Under Florida Law, the Police cannot give me the names of the participants in this disgraceful affair or the names of their parents and the latter have no civil liability for the loss and damage sustained. J. Edgar Hoover of the F.B.I. has said that this type of legislation promotes Juvenile delinquency. Not one of the parents of the boys and girls involved, whom I ara told are tprominent residents t of the community, has come forward with so much as an apology,- an appalling evidence of parental indifference and irresponslbility. "I respectfully submit that the City Council should take action to protect property owners of Delray Beach and, more important, to protect the youth and safeguard the morals of the community and to protect the ' ~uvenile delinquents~ against themselves and against growing up in an environment of irresponsibility and indifference. "I am sending copies of this letter to the other members of the City Council, the State.s Attorney, the County Solicitor, and to the local newspapers and others." The meeting adjourned at 11:00 P.M. WORTHING R. D. ..... City Clerk APPROVED: · ,/'M A Y 0 R -20- 7-10-61 PROPERTIES IN VIOLATION OF ORDINANCE 0-1~? & SECTION 15-3 & ~ of THE OITY CODE OWNER ADDRESS LOT.BLOCK & Valerle S. Nichols Delray Beach, Fla. of S} of S} of less N25' R/W Section 8-~6-~3 Vincent J. Ruth Box 1703 WiO0' of E25~' of S} Delra¥ Beach, Fla. of Sa of S~ of LOt6 _less N25' Section 8-~6-~3 BuShman & Ruth,Iht0 Box 1703 W189.?' of N~ of NF~ ef Delray Beach, Fla. Lot ? less W25' Section 8-~6-~3 David A. & Kathryn 531 N.W. ~th Ave, Sgo' of N390' of El~3.' of M. Rainbo Delray Beach, Fla. Blk. 3 & Lot 8, Blk. Ida Lake Terrace Joseph & Helen M. 2 Beach Ave. SlOO' of N200' of El~3' Gordon New Dorp Block 3, Ida Lake Terrace Staten Island 6, N.Y, Fairfax of Holly- 1909 Tylor St. Lot 1 wood Development,Inc. Hollywood, Fla. Block 115 c/o J. JaySimons Edward J. & Doreen ~+ N,E. 6th Ave. Lots 8.& 9 N. Persons Delray Beach, Fla. Block 108 less WS' R/W, Blk. Graham & Mary M. 139 So. Gratiol Ave. 85.2' of Lot 3, Ail of less WS' R/W, Blk. Herbert L. & Edna 511 N. Swinton Ave. Lot 8 less W~' R/W Post Delray Beach, Fla. Block 11~ Edward P. & Marvel 239~ Riverside Dr. Lot 8 less ES' & N30' of Barnard Green Bay, Wisc. Lot 9, Block 105 George H, & Florence ~23 Hermitage Ct. Lot 26, Block 105 M. Soule P.O. Box ?0~ Charlotte, N.C. R.H. Wuepper 9 S.E. 15th St. Lot 15, Block 105 Washington, Ind. Theo. Roth 398 .N.E. ~th Ave.. Lot 3, Block 97 Delray Beach, Fla. Earl G. Brown & P.O. Box 2326 Lot ~, Block 97 Curtis H. Dodson Delray Beach, Fla. Joseph G. Rose ~1~ N.E. 6th Ave. Lots 17 & 18 Delta y Beach, Fla. Haller& Grootman A~rs. Anne Fontaine BOx 1527 Lot 12 ~aury Adams 'Delta y Beach, Fla. McGinley & Gosman Edward U. Roddy & 332 S_. County Road Lots 13,1~,15,16 & 17 Son Palm Beach, Fla. McGinley & Gosman A.G. Ranson Box 115 Lot 28 Delray Beach, Fla. ~cGlnley & Gosman Edward U. aoddy & 332 S. County Road Lots 29,30,31,32 & 33 Son Palm Beach, FAa, ~cGinle~ & Gosman ROPE I ,S V OLATXON OF O OINA C . & S .CT 0N a CO0 ~ ADDR~S ~.BLOCK a~ S~ C~ ,,CODE Sanclar Realty, P.O. ~x 212 ~t 1 Inc. Delray ~aCh, ~a. ~an Addn. Paul S. ~owles 1302 Pelican ~ne Lot 2 & ~ of Del~y Beach, ~a. less EIO', Hogan Ad~. James Houghton Box ~53 ~t ~ & S25' of ~t Nelson, et al H~tington, W. Va. S39.85.' of Lot 2~, All of ~ts 2~ & 25, Ho~ Addn. Bruce W. Regnemer & 1055 E. Atl. Ave. ~ts 26 & 27 Richard M. Regne~r Delray Beach, ~a. Hof~n Addn. c/o Paul ~drtdge J. Phil Hoyle ~21 N.E. 6th Ave. ~ts 32 th~ 3~ Delmy Beach, Fla. ~fman Addn. A. Hofman 515 N.E. 7th Ave. ~ts ~8 th~ ~ 'Del~y Beach, Fla. ~~ Addn. A. Hof~n, Wm. A. 515 N.E. 7th Ave. Lots ~ th~ ~9 Hof~n & Clara A. Del~y Beech, ~a. ~fman Addn. S~erson Roy W. & Georgia 35 Seaspra~ Ave. Lots 1,2 · 3 less W%' E. Cronacher Delray ~ach, ~a~ Block 106 Lloyd C. & Irene l~ S.E. 1st St. ~t ll, Block Erny Delray Beach, ~a. Vera H. ~vall 9~ ~las Ave. Lot 12, Block 99 Elgin, Ill. Rhoda M. Gardner 25~ N.E. 5th Av~ ~ts 27~28,29 Deiray '~ach, Fla. Block 98 Jack Mason, Trustee P.O. ~x 2091 ~t ~ Delray ~ach, ~a. Dri~ater Addn. 4 Dr. Rolle & L.C. 209 S.E. 3rd~Ave. ~ts 8 & 9 Dryfuse Delmy ~ach, ~a. Dri~ater Addn. J. Philip ~yle P.O. ~x 2085 Lots 18 & 19, S~ of ~t 26 Delray ~ach~ ~a. & 27, McGinley Jo~ S. Hu~r P.O. ~x 103~ ~ts 7 & 8 Delray Beach, Fla. ~ller & Groo~n Joa~a C. & 955 Hibiscus ~ne Lots i & 2 Havelock A. Hubbard Delray ~ach, ~a. Block 61 & ~ry Kather~e & Ke~eth C. ~rray Jos. A. & Grace A. 280~ ~in St. ~ts 3 & ~ Schutz, et al Buffalo 1~, N.Y. Block 61 ~uls S~ Brizzolara 3837 N. Ken, re ~t 8, Chicago, Ill. Block 69 E.E. & E~ice H. 22 S.E. let Ave. ~t 22, Brown Delray Beach, ~a. Block 69 T.M. O'Neal 20 S.E. 2nd Ave.. ~t 2~, Block 69 Delray Beach, ~a. Sirkirt Corp. 217 S.W. 1st Ave. ~t 7 less N16' ~. Lauderdale, ~a. Block 77 Fairfax of Holly- c/o J. Jay Simons Lot 9 & S25' ~ ~t wood Development, 1909 Tyler St. less WlO' , B~. 109 Inc. Holl~ood, Fla. P OP TI S I" VI0mTION OF O NANCE The ~ve ~mpany P.O. ~x 977 ~ts 12,13 a 1~ less Delray ~ach~ ~a. WiO'~ Blk. 109 P~operty Hold~s~ ~ca ~ton~ Fla, E~ Blk. 112 Inc. Rose D. Giordano ~2 S.E. 7th Ave. Lots 19 a 20 less ES' Del~y Beach~ ~a, Block 110 E~ard C. a 2~ Briny Breeze Blvd,~t 17, less E~' R~ ~r~aret D~~ Briny Breeze, Delray Block ~ach, FlOrida Ester Wils~ 1~ $.E. 5th Ave. ~ts 1~ a 16 less E~' Powe11 Delay Beach, ~a, Bl~k 110 ~orida Coastal ~x 12W ~ts 16,17,18 a E17.~' of Theatres, Inc. Jacksonville, Fla. ~t 1~, Blk. 117 Leo~rd L. Surles, 2~8 S.E. 6th Ave. Sl~' of Lot ~ · N36.2' George E. · Del~ay Beach, ~a. Lot 6 less W~' R~ Charlotte K. ~Coy Block 11~ Joseph Gilbert Rose ~1~ N.E. 6th Ave. Lots 8 ~ ~ less W~' Delray ~ach, ~a. Block '11~ Edith O. Taylor 133 N.E. ~th Ave. ~ts ~,5 ~ 6 less ~' Delta y ~ach, Fla. Block 119 Jesse F. & Helen ~0 N.E. 35th St. ~t 6 ~. Li~ ~ca Raton, Fla. Bl~k 1, Osceola Park' W.C. ~Page ~x 23~. Lots 7 a 8 less ES', B~. Delay ~ach, ~a. South. vacant ~rt-Approx. O~ceola Park Oaul E. ~ Persis W. 227 N.W. 17th St. ~t 8, Blk. "D" Demick Delray ~ach, Fla. High Acres 3rd Ad~. Fontaine Fox 12 S.E. ~th Ave. w~O' of ~t 2 · ~t 3 c/o ~wlin a Adams ~lray ~ach, ~a. less W2~' · less SlO' B~ "E" Palm ~ach S~re Acres A~. ~rt R~ 1, ~x 298 W~O' of SlO' of ~t 3 86 ~ckingham St. ~ of ~t ~ less W25',~k.,,~ Waterbury; ~. Palm Beach S~re Acre~ Triple "D" Bldg. Corp. ~15 Andrews Ave. W~35.5' of ~} of ~t c/o ~gal Campbell Delray ~ach, ~a.W~.~' of ~ of ~t W353' of S} of ~t 5 less S25' of W335.~3'. a less W Palm ~ach S~re Acres Alex · Beatrice P,O. ~x 107 ~ts 12, 13 less SlO' of Wilson Delray Beach, ~a. W~' a ~ts 1~ · 15 less SlO', Block 3, De~ Park George Tal~t, Jr. 126 N. Oce~ Blvd. ~t ~ R N25' eT ~t Delay ~ach, ~a. Oce~ Breeze Estates Fairf~of ~lly- 1~9 Tyler St. ~t 8 & S5.~' ~ ~t wood DeWeto~nt, ~ll~ood, Fla, Ocean ~ach ~ts North c/o J.:' Jay Joel a E~ Hoch %~6 S.W. llth St. ~ts ~ a 77 Miami, F1a. Tropic Isle' PRO m im vIO TXO ORDINAnCe. G-i ? a OF CmY CODS OW~ ADDHmS LOT ~BL~K..& S~ ~ Vance M. & 2~O5 Sea Island Dr. ~t ~ Jea~le G. CUrrin ~. Lauderdale, ~a. Tropic Isle Leland J. · Loretta Almo~, Wisc. ~t ~ A. ~th Tropic Isle C~s. D. & Ruth 3961 ~N. Ivey Rd.,NE ~ts 55 & 56 R. Fi~ Atlanta, Georgia Tropic Isle M. Frances Glascott 959 Tropic Blvd. ~t 57 Delray ~ach~ Fla. Tropic Isle T~s D. a Isabel ~O1 S. Cowry Rd. Lot 59 V. Hauck Palm Beach, ~a. Tropic Isle 3 Tropic Isle 3~5 S. Fed. Hwy. ~ts 1,~10,18,33,60.61~ Develo~ent Co. Delmy ~ach, ~a. 75,93,~,76,78,96 & 98 Tropic Isle H.E. & Bessie B. 3018 N.E. 22nd St. ~ts 62 ~ 63 Mulholland Ft. ~uderdale, Fla. Tropic Isle Lloyd R. Red, ton 2803 Crest Ave., 8. ~t 6~, Tropic Isle A~entown, ~high Co., Pa. Verner C. · 732 N.E. 16th Ave. Lot 65, Tropic Isle Valborg E. Jonson Ft. ~uderdale, Fla. James D.H. Smith 9371 S.W. 5~th St. ~t 67, Tropic Isle Miaml, Fla. Wm. C. & Gerald B. 129 Quincy St. ~t 68, Tropic Isle Anderson Oak Ridge, Te~. James Smith 535 N.E. 2nd St. ~ts 69 & 72, T~pic Isle " Delray ~ach, ~a. Thomas P. & ~atrice 1616 ~dison St. ~t 7~, Tropic Isle M. Dalzell ~Crosse, Wisc. ~rry R. Clarage 1705 Timber ~ne Dr. ~ts 80,81 & 82, Kala~zoo, ~ch Tropic Isle C~rles A. & 2~O Wil~n Blvd~ ~ts 83,8~,85 & 86 ~ldred C. Olms~ad Arlington, Va. Tropic Isle Ralph · ~rie Anema 2201 N.E. 15th Ter. ~ts 87 a 7, Tropic Isle Ft. ~uderdale, ~a. R.D. & Phyllis~ J. 825 N.E. 6th Ave. ~t 88, Tropic Isle ~~ttom Delray ~ach, ~a. c/o Tropical ~rber Shop G~rge V. & Lucy J. 808 Shore Dr. ~t 89, Tropic Isle Feltis ~ynton Beach, ~a. Martin R. & A~a M. 815 S~re Dr. ~t 90, Tropic Isle D~kin Boston Beach, ~a. Harry F. & ~y D. 205 N.E. 1st St. ~t 91, Tropic Isle Kestner Ft. Lauderdale, ~a. Henry · Ellenore 3524 Toga Wo~ ~. ~t 92, Tropic Isle H~ien Hopkins, ~. George & Pearl 321 S~set Drive Lots 9~ & 95, Tropic Isle E~et ~. Lauderda~, ~a. C~rles H. ~ller 216 S.E. lSth Ave. ~t 97, Tropic Isle Ft. ~uderdale, ~a. coo . LOOK ~oel Hoch~ E.L. ~O6 Professio~l Bldg. ~ts ~,99,1~,1~ Harrison a HiT. ~. ~uderdale, ~a. 19.101.102,105,10$, Brown, T~stees 107 & 109 thru 11~ Joel Hoch, E.J. ~llender · less 111 & 117 N.S~. Merkel, Trustees T~opic Isle Orlo J. & ~rgaret 21~0 N. 72nd St. ~t 10~, Tropic Isle G. Vlall Wa~atosa 13, Wise. Ernest L. & ~ith ~12 N.E. 3Oth St. ~ts 2 & 28, Tropic Isle L. ~rrison Ft. Lauderdale, ~a. Robert L. Gibbs 1725 N.E. 26th Dr. ~ts 3 & 12, Trop~ Isle ~. Lauderdale, Fla. Jo~ L. · Luclle 2715 Brockman Rd. ~t 4, Tropic Isle M. Beattie A~ Arbor, Mich J~e E. ~wls & R~ ~1 ~t 5, Tropic Isle gmrt~ A. Park Plattsb~g, New York Foster L. & Alice 7667 S.W. 52nd Ave. ~t 8, Tropic Isle ~. ~y, Jr. Mia~, Fla. ~obert N. ~azer ~rion, Kentucky ~ts 9 · 21, Tropic Isle ~oseph A~lna, Jr. 6135 N. ~rs~ll St. Lot 11, Tropic Isle ~ Sophie S. Adkins Philadelphia 20, ~a. ~t~len L. Smith~ 2717 N.E. 30th St. Lots 13 m 14, Tropic Isle Ft. ~uderdale~ ~a. ~Uriel N. Fr~ 301 Bayview Bldg. ~t 1%, T~pic Isle o/o Tolar, ~thel Ft. Lauderdale, ~a. & Adler William E~ King & 900 East Sunrise Blvd. ~t 16, Tropic Isle ab~am W. Rossl~ton Ft. Lauderdale, Fla. Edgar ~ ~orence ~X ~55 Lot 20, Tropic Isle DeCarlo Delray Beach, Fla. Harvey O. ~ Bernice 2800 N. 72nd St. Lot 22, Tropic Isle F. Mi~ Milwa~ee, Wisc. William~& Thel~ 258 N.E. 15th St. ~t 23, Tropic Isle C~mberlin Delray Beach, ~a. De~rco~ & Sons, P.O. ~x 3~8 ~t 2W, Tropic Isle Inc. ~ca Raton, ~a. M. Frances Glascett ~ Prince St. ~ts 25 & 26, ~ ~d Hook, N.Y. TroPic Isle ~nuel E, Xmec~e 125~ S~ker Blvd. ~t 27, Tropic Isle A t. 705 Cleveland 20, Ohio Elmore N. · ~bel 2330 Grove St. ~t 30, Tropic Isle R. ~Free~ Sarasota, ~a. L~ ~e Sc~uer 221 Nurmi Dr. ~t 31, Tropic Isle Ft. Lauderdale, ~a. PROPERTIES IN VIOLATION OF ORDINANCE G-157 & SECTION 15-3 & $ OF THE CITY CODE OWNER ~ ~O_~T. ~B~oc~ .a s~ c. rr¥ CODE Lloyd R. Remington 2002 Highland St. Lot 32, Tropic .Isle- Lehigh County Allentown, Pa. Joel Hoch 2250 East Sunrise Blvd. Lots 37,38 & 39 Ft. Lauderdale, Fla. Tro pic Isle Robert W. Bourne 3621 N.W. 7th St. Lot ~5, Tropic Isle Ft. Lauderdale, Fla. Submitted to the City Council by the City Manager this 10th day of July, 1961.