08-14-61 255
AUGUST 14, 1961.
A regular meeting of the City Council of Delray Beach was held
in the Council Chambers at 8..00 P.M., with Mayer George V. Warren in
the Chair, City Manager George Mingle and Councilmen Dugal G.
Campbell, Glenn B. Sundy and John A. Thayer being present.
An opening prayer was delivered by Mr. ~Oharles ~enicr.
(see last page for approval of minutes.
Mayor Warren welcomed Mrs. Padgett, City Olerk of Beynton Beach,
to the meeting.
Mayor Warren read the following Beautification 0ommittee Meeting
Minutes dated August 3rd, 1961:
"The Secretax,; was instructed to amend the fifth paragraph
of the minutes of July 20th, 1961, to include tthe Board
of Realtors would underwrite the cost of a flag pole on
the north entrance to the city provided :.that someone assume
the responsibility of putting up and taking down the flag. f
"An offer by Mr. Galinat to accept the responsibllit7 of
raising and lowering the flag on the north entrance was
welcomed and approved by the Committee.
"On a motion by Mr. Lankton, seconded by Mr. Galinat, the
Committee accepted the appointment of Mr. J. B. Smith, Sr.
as a member of the 0ommlttee, subject to the approval of
the Council.
"The Secretary was instructed to write a letter to County
Oommissioner Ben Sundy concerning the disposition of the
Tenth Street Boat Landing improvements.
"Ken Lilly, Chairman of the Chamber of Commerce Parking
Committee, discussed suggestions for possible beautification
improvements on Atlantic Avenue. Ken Ellingsworth was in-
structed to investigate suitable types of palms, along with
their costa, that could be used throughout unplanted areas'
of Atlantic .Avenue, in addition to other possible landscape
improvements for this area.
"A discussion was held concerning the Ocuncilts request that
the Committee investigate and make recommendations for beach
beautificat~on improvements. Paul Knowles, Stuart Lank-ton
and Ma~Jorie Evaul were appointed by Chairman B~itt, to make
a study of the a~ea and report back to the Committee."
Concerning paragraph ~ of said minutes, Mr. Sundy moved that
Mr,-J. B. Smith, Sr. be officially appoXnted to the Beautification
Committee. The motion was seconded by Mr. Thayer and carrxed unanl-
mously.
City Clerk Werthing presented a reguest from the Florida Power
and Light Compan~ for execution of the following Easement;
"Florida Power & Light Company
Miami, Florida
Gentlemen=
In consideration cf the payment Of $1.00 and other valuable
considerations, receipt of which' is hereby acknowledged, the
undersigned, successors, heirs and assigns grant and give to
you and your successors the right to install and maintain 1
guy stub, ~__~y wires and ! anchor for an electric--'-
transmission a---~d--distribution line, on' oU~ property described
as follows:
"The West 2 feet of the South 85 feet cf the East 17 feet
of the NE,i of the NE¼ of Section 18, Township ~6 South,
Range 43 East, Palm Beach County, Florida.
8- 4-61
AUGUST 14, 1961
"One anchor to be located 85 feet North of the South line,
one guy stub to be located 30 feet South of said anchor
with guy wires running from said anchor to guy stub to the
South line of the above described property.
"The City herein reserves the r. ight to terminate this ease-
ment at any time after thirty (30) days notice to the Grantee.
"In the event this Easement is termmnated, the Grantee shall
have the right to remove any improvements thereon.
CITY OF DELRAY BEACH
In the presence of: By.._
cltyManager~' ' ' - ....
Attest~
(C0 PORATE SEAL) "
It was moved by Mr. Sundy, seconded by Mr. Campbell and unanimously
carried that the request for Easement be granted.
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. It was moved by M~.' 0am~bell, seconded by M~.
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 p_art
of the official copy of these minutes.) see Pages 268-A thru 268-E.)
The City Clerk presented an application received from Bernice
Weisenberg for transfer of liquor license No. 1008, issued to
Bradscar Corporation, operating as Hotel BOn Aire and stated that
this applicant and references have been checked by the local ~olice
Department and were found satisfactory and that the State Beverage
Department has approved such transfer. It was moved by Mr. Sundy,
seconded by M~. Thayer and unanimously carried that said request for
transfer of liquor lmcense be g~anted.
Following discussion Mr. Campbell ~queated that the City
Attorney be asked to give the CounCil full explanation at the next
Council meeting as to procedure necessary to get away from the Council
having to approve the .transfer of such licenses.
Regarding further consideration of application for certificate
of public convenxence and necessity for taxi operation by Mr. Fred
Jones, City Olerk Worthing info~med the Council that the application
had been satisfactorily completed and then 'read the following~ letter
from Attorney Gene Moore 'dated July 26th, 1961:
"On behalf of the six individual taxi-cab licensees presently
operating in the section of your city to be affected by the
above application, we hereby reiterate their formal objection
to the issuance of a Certificate of Public Convenience and
Necessity to said applicant. We respectfully submit that the
testimony adduced at the public hearing held in connection
with said application on Monday, July 24th, indicated that no
ppublic necessXty exists nor would the convenience of
le affected be served by the issuance of an additional
certificate at this time. In addition, it is felt that the
issuance of an additional certificate would adversely affect
the economic interests of those licensees presently operating
under your city ordinance and we feel that, .in fairness, they'
are entitled to protection from unreasonable competition where
the best public interest will. not be served by such competition.
"It is further submitted that the actual application filed ~n
this case does-not meet the requirements of Section 26-6 of
your Code of Ordinances in the following particulars:
-a- 8- 4-61
257
AUGUST 14, 1961.
"It fails to act forth=
~ufficient eX~e~lence i~ transportation of passengers.
(c) Sufficient grounds that public convenience and necessity
exists.
(d) ~he color scheme or markings on the vehicle to be used.
"In summary, we again submit that in the light of the items
set forth above, the Council should refuse to issue subject
Certificate, based upon a finding that the public necessity
and convenience required by you~ ordinance does not presently
exist."
It was moved by M~.' 3undy, seconded by ~r. 0ampbell and unanimously
carried that said application for certificate of public convenience
and necessity be g~anted.
0ity Olerk Worthing read ORDINANCE NO..G-408..
AN ORDINANCE OF THE CITY COUNCIL OF T~E C1TY
OF DELRAY BEACH~ FLORIDA, ADOPTING FLORIDA
MODEL TRAFFIC ORDINANCE IN ACCORDANCE W~TH THE
PROVISION~ OF CHAPTER 186, FLORIDA STATBTES;
REPEALING ALL ORDINANCE~ AND PARTS OF ORDINANCES
IN CONFLICT THEREWITH; PROVIDING A PENALTY FOR
V~0LATIONS; AND PROVIDING AN EFFECTIVE DATE,
WHERF~S, Chapter 186, Florida Statutes authorizes the 0itu of
Delray Beach to adopt, by reference, any oF all of the provisions of
the Florida Model Traffic Ordinance without setting forth such pro-
visions in full, and,
WHERF~S, the City Council of the City of Del~a~ Beach deems it
necessary for the public welfare and safety of the citizens of this
City to have a more complete and comprehensive traffic o~dinance,
NOW THEREfOrE BE XT ORDAINED BY THE CITY COUNCIL OF THE CITY
DELRAY. BEACH, ~LORIDA, AS FOLLOWS ~
~p_t n~.' All of the provisions and requirements of Chapter
186, Fl-~ri-d-~-~atutes 1961, known and cited as the ~Florida Model
Traffic Ordinance" in regard to regulation of traffic on highways,
insofar as such provisions a~e applicable to the driver of a vehicle
in the municipality of Del~a2 Beach, Florida, except those which by
their wording could have no application, are hereby adopted lry re-
ference in accordance with the authority granted in Section 186.02,
Florida Statutes.
here$~w~ Ail ordinances or parts of ordinaries in conflict the same are hereby repealed.
~ In the event arty section, paragraph, sentence, clause,
phras~on of this ordinance be held unconstitutional, invalid
or ineffective, the same shall not repeal, nullif2 or in any manne~
affect an2 other section, paragPaph, sentence, clause or portion of
this ordinance.
ORDINANCE PASSED in regular seselon~ second and final reading
on this the l~th day of August, 1961, to be effective thirty days
from said date. ·
There being no objections to Ordinance No. G-~08 it was moved by M~.
3undy, seconded by ~. Thayer and unanimously carried that said ordi-
nance be adopted on thxs second and final reading.
City Clerk Worthi~g read ORDINANCE NO. G-~09.
AN ORDINANCE OF THE CITY COUNCIL OF TRE CITY
OF DELRAY BEACH, FLORIDA, REPEALING ORDINANCE
NUMBER G-~O0, WHICH DECLARED THE INTENTION OF
THE CITY OF DELRAY BEACH TO ANNEX CERTAIN LANDS
XN SECTION 9, TOWNSHIP
TO THE CITY OF DELRAY BEACH, FLORIDA.
-3- 8-1 -61 .,
258
AUGUST 14, 1961.
WHEREAS, Ordinance Number G-400 declaring the intention of the
City of Delray Beach, Florida, to annex certain lands in Section 9,
Township 46 South, Range 43 East to said City was passed and adopted
on July 10, 1961, and
WHEREAS, the City Council of the 0ity of Delray Beach, Florida,
deems it for the best interests of the citizens of said City, to
rescind said action;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Ordinance Number G-400 is hereby repealed.
PASSED AND ADOPTED this the 14th day of August, 1961.
There .being no objections to Ordinance No. G-409 it was mowed by Mr.
Campbell, seconded by Mr. Sundy and unanimously carried that said
ordinance be adopted on this second and fxnal reading.
On July 24th the Council directed the City Manager to prepare
plans and specifications and estimated cost for the construction of
a sidewalk on past of' S. W. 1st Street and past of $. W. 3rd Avenue
and Resolutions 1337 and 1338 were prepared concerning same.
RESOLUTION NO. 1337.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, REQUIRING PLANS,
SPECIFICATIONS AND ESTIMATE OF COST TO CON-
STRUCT A SIDEWALK ON THE SOUTH SIDE OF S. W.
1st STREET BETWEEN S. W. 3rd AND 4th AVENUES;
ALSO ON THE WEST SIDE OF S. W. 3rd AVENUE BE-
TWEEN S. W. 1st AND 2nd STREETS.
WHEREAS, the Cxty Council has deemed it a matter of public
safety and welfare to provide a sxdewalk on the south side of S. W.
1st Street between S. W. 3rd and 4th Avenues; also on the west side
of S. W. 3rd Avenue between 8. W. 1st and 2nd Streets, the entire
cost of such improvements to be borne by the owners of lands abutting
thereon;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Delray Beach, Florida, as follows:
SECTION 1. That the City Manager be required to submit plans,
specifications and an estimate of the cost of such improvements to
be made, and thmt the same shall be placed on file in the office of
the City Manager.
PASSED AND ADOPTED by the City Council of the City of Delray
Beach, Florida, on this the l~th day of August, A.D., 1961.
On motion by Mr. Thayer, seconded by Hr. Sundy and unanimously
carried, Resolution No. 1337 was passed and adopted.
RE~0LUTION NO. 1338.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ORDERING TEE CON-
STRUCTION OF A SIDEWALK, FIVE (5) FEET IN
WIDTH, ON THE SOUTH SIDE OF S. W. 1st STREET
BETW~.w.N S. W. 3rd AND 4th AVENUES; ALSO ON
THE WEST SIDE OF S, W. 3rd AVEN~E BETWEEN S. W.
1st AND 2nd STREETS.
WHEREAS, the City Council of the City of Delray Beach, Florida,
did, on the 14th day of August, 1961, adopt a Resolution requiring
the Cxty Manager to prepare plans, specifications and an estimate
of cost for the construction of a sidewalk on the south side of S.W.
1st Street between S. W. 3rd and 4th Avenues; also on the west side
of S. W. 3rd Avenue between S. W. 1st and 2nd Streets, said side-
walks to be fmve (5) feet in width, and requiring said plans,
specmfications and estimate of cost of such improvements to be
placed on file in the office of the City Manager, and
AUGUST 14, 1961.
WHEREAS, the City Council deems it to be necessary for the
safety and convenience of the .public to make the above described
impr ov omen ts,
NOW, THEREFORE, BE IT RF~OLVED by the 0ity 0ouncil of the City
of Delvay Beach, Florida, that it is determined to make the follow-
ing described improvements, to-wit:
CONSTR~TION OF A SIDEWALK, five (%) feet
in wxdth, on the south side of S. W. 1st
Street between S. W. 3rd and ~th Avenues;
also on the west side of $. W. 3rd Avenue
between S..W. 1st and 2nd Streets, the total
cost, as estimated, for such improvements
being $2,000.00.
BE IT FURTHER RE~OLV~ that the enti~e cost of such improvements
shall be borne by the owners of lands abutting thereon, by Special
Assessment;
of w of Lot I · w of of Lot
~--
" " E~ of W 89~ of Lot 1 & E 44~ of W 89~ of N 29.5'
of Lot ~.
" " " E 4~.1~ of Lot 1 & E ~4~.1~ of N 29.5~ of Lot 2.
" " " Lot 9 & N 29.5t of Lot 10.
" " " ~ 47~ of Lot 10 & N 3~ of LOt 11.
" " " Lot 12 & $ 73.5' of LOt 11.
S~ or 38 LOt 13.
" " " Lot 12.
" " " Lot 9.
" " " Lot 8.
" " " :Got 1.
said benefits to be determined and prorated according to the front
footage of the respective properties as set forth immediately above.
BE IT FURTHER RESOLVED that said special assessments against all
the lots and lands as set forth herein which are specially benefited,
shall be and remain liens superior in dignity to all other liens,
except liens.for taxes, until Paid, from the date of the assessment
u~on the respective lots and parcels of land assessed, and which
shall bear interest at the rate of eight (8) per cent per annum, and
which may be paid in three (3) equal yearly installments with accrued
interest on all deferred payments. Payments shall be made at the
same place that taxes payable to the City of Delray Beach, Florida,
are paid, namsly at the office of the City Tax Collector, and upon
failure of any property owv~r to pay any annual installment due, or
any part thereof, or any annual interest upon deferred payments, the
0ity of Delray Beach may bring necessary legal proceedings by a Bill
in Chancery to enforce payment thereof with all accrued interest to-
gether with all legal costs incurred, including a reasonable attor-
ney's fee. The total amount of any lien may be paid in full at any
time with interest from the date of assessment.
IT IS ORDERED that the 0ity Council shall sit at the 0ity H. all
in the City of Delray Beach, Florida, at 8:00 P.M., on August 2~th,
1961, for the purpose of hearing objections, if any, on said proposed
improvements as set forth herein.
PAS~ED AND ADOPTED by the City Council of the City of Delvay
Beach, Florida, on this the l~th day of August, 1961.
On motion by M~. Campbell,_seconded by M~. Thayer and unanimously
carried Resolution No. 1336 was passed and adopted. Mr. 0ampbell
asked that the records show that this improvement takes it's rightful
place on the list of improvements and there is no indication as to
the date when this improvement will be made.
City Clerk Worthing then read RE~OL~ION NO. 1339.
260
AUGUST 14, 1961.
RESOLUTION NO. 1339.
A RESOLUTION OF THE 0ITY 00UNCIL ~."T~E CITY OF
DELRAY BEACH, FLORIDA, A~SES~ING C0~TS FOR ABATING
NUISANCE~ UPON CERTAIN LANDS LOCATED WITHIN SAID
CITY: SETTING OUT ACTUAL O0~TS INCURRED BY SAID
CITY TO AOOOMPLISH SUOH ABATEMENT AND LEVYING THE
COST OF SUUH ABATEMENT OF SAID NUISANCE~, AND DE-
CLARING S~ID LEVY TO BE A LIEN UPON ~AID PROPERTY
IN AN AMOUNT AS SHOWN BY REPORT OF THE CITY
MANAGER OF DEIRAY BEACH, FLORIDA.
(copy of Resolution No~ 1339 is attached to and madeapart
of the official copy of these minutes.) See pages 268-~ thru 268-H.
It was moved by Hr. Sundy, seconded by M~. Campbell and unanimously
carried that Resolution No. 1339 be passed and adopted,'
City Clerk Worthing informed the Council that as a result of in-
formation from the Postal Authorities and others involved in the con-
struction Of a Post Office Building on N. E. 2nd Avenue the following
resolution was prepared.
RESOLUTION NO. 1340.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, PROVIDING FOR TEMPO-
RARY VACATION AND ABANDONMENT OF THE SOUTH
FEET OF THE NORTH 143} FEET OF THE ALLE~ LOCATED
IN BLOCK 73, DELRAY BEACH, FLORIDA, DURING THAT
PERIOD OF TIME WHICH THE U. S. GOVERNMENT POST
OFFICE DEPARTMENT OCCUPIES THE BUILDING WHICH IS
TO BE ERECTED ON THE NORTH PORTION OF SAID BLOCK ?3-
WHEREAS, WILLIAM R. HAGGART, the owner of Block 73, Delray Beach,
Florida, has made application to the 0ity Council of Delray Beach,
Florida, for the temporar-y abandonment of a portion of the alley
located in said Block,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA ~
That pursuant to Section Seven $?) Paragraph Three (3)
of the Charter for the City of Delr_a2 Beach, Florida,
3 ereby declare that the ~outh feet of the North
feet of the Alley located in Block ?3 in the City
of Delray Beach, Florida, is temporarily abandoned for
that period of time which th· U. S. Government Post
Office Department occupies that certain building which
is to be erected on the North portion of said Block 73.
This Resolution is being made with the understanding that a
building to be occupied by the Post Office Department is to be con-
structed on the North portion of said Block 73 in the immediate
future, and that this abandonment shall apply only during that period
while the Post Office Department is occupying the said building.
PASSED AND ADOPTED this fourteenth day of August, 1961.
Hr. Campbell pointed out that the parking space to be used for
the Postal equipment only will be completely walled in with the only
entrance being from N. E. 2nd Avenue.
On motion by Hr. Camp.bell, seconded by Hr. Thayer and unanimously
carried, Resolution No.. 1340 was passed and adopted.
City Clerk Worthing then mead the following AGREEMENT.
"The undersigned, WILLIAM R. HAGGART and VIRGINIA L. HAGGART,
hereby grant to the City of Delray Beach, Palm Beach County,
Florida, an BASEMENT for ingress and egress over the follow- ing described parcel of land, to wit~
261
AUGUST 24, 1961.
"A parcel of land, twenty (20) feet in width,
lying between the west right-of-way line of
Northeast Second Avenue and the Easterly line
of the North-3outh Alley in Block 73, adjacent
to and im~nediately south of the six foot width
sidewalk to be constructed on the south side
of the proposed building to be located on the
north portion of Lots 22, 23 and 24, of said
Block 73."
"The. purpose of this Easement is to provide egress to N. E.
Second Avenue from the Alley in Block 73, with suitable
radius on the south-east corner of said alley and easement
intersection. It iS agreed, however, that over this twenty-
foot easement automobiles may enter f?om N. E. Second Avenue
for the purpose of public parking in the first tier of park-
ing places immediately south of said twenty foot easement,
which parking Rtaces are a portion of those to be provided
in accordance with that certain agreement entered into be-
tween MR. WILLIAM R. HAGGART and the CITY OF DELRAY BEACH,
dated June 12th, 1961.
"It is further understood that said~Easement, hereby provided,
is only for that period of time during which the temporary
abandonment of the South 128 } feet of the North 143~ feet of
the alley in Block 73, as set forth in Resolution No. 13~0,
copy of which is attached hereto and made a part hereof, is
in effect, as agreed upon in a three-way phone conversation
of August 10th, 1961, between M~. William R. Haggart, City
of De]may Beach Vice-Mayor Dugal O. Campbell and Mm. W. A.
lC, lox.
WITNESSES
...... a OOA -T .....
STATE OF . .... )
)
This is to cert~y, ~t on the ~ay of August, 1961,
personally appeared before me the u~er~d au~ority,
~~M R. ~GGART ~d VIRGIN~ L. ~A~, ~ to me to be
the ~dividuals'whoe~cuted the foregoing agree~nt and they
ac~owledEed before me that they executed the s~ freely and
vol~t~ily for the p~poses there~ e~ressed.
Notax-s Public "
City Attox, ney Adamts report on the requested abandonment and
replatting of an area in Tropic Isle is as follows:
"Re l P~oposed rePlat of Tropic Isles Subdivision lots
now contained in a maintenance spoil area.
"This letter is responsive to the suggestion made at the
last regular meeting of the Council that I review the
problem erected by the location of a spoil area within
the platted a~ea of Tropic Isles SubdiviSion, and that
I advise the Council as to the status or interest which
the City has in the pending request for a replat.
"Legally, the City could grant this request{ however,
in my opinion the matter is a policy decision which
should be resolved rather than a legal decision relating
to the Cityls standing in the matter.
262
AUGUST 14, 1961.
"The Cityls interest on the one hand is that upon the
alleviation of the situation, homes can be constructed
upon approximately ten non-accessible lots and the City
will enjoy increased tax revenues at that time. On the
other hand there are three property owners in the vicinity
cf the spoil area who will be affected by any such decision and
· .the City undoubtedly will wish to apprise the~A ~£ the sitU-
ation prior to any action on the pending request.
"The City, in m~ opinion, should attempt one of two
alternatives ~
"1. Refer the matter to the planning board. The -
planning board could perhaps then' work with the
developer toward the eventual solution of this matter.
"2. Deny the request as being premature. The developer
could then be advised that h~ should return at some future
date with the consent of the affected property owners; or
in the alternative he should obtain a release of said area
from the U. S. Corps of Engineers."
It was moved by Mr. campbell that this request be denied and to
go on record to the developer that he will clean up all the items that
stand between he and the City and the owners of the property involved
before he comes back and asks for relief. Mr. Campbell further stated
that well over a year ago the Council asked that he clear up the
situation and to his knowledge nothing has been done to clear it up,
and also that at such time that another request is made it should be
made by a duly recognized official of the Corporation. The motion
was seconded by Mr. Thayer and unanimously carried.
The following is a copy of a proposed lease with the' Pioneer
Boys Association, Inc. which has been prepared by City Attorney Adams:
Ie 'C 0 a -municipal corporation
in Palm Beach~Oounty, Florida, party of the first part, and
hereinafter called the Lessor, and PIONEER BOY~ ASSOCIATION,
INC., a non profit corporation, party of the second part,
and hereinafter called the Lessee,
~WITNE~SETH, That for and in consideration of the sum of
One Dollar ~$1.O0)..this day paid by the LeSsee to the Lessor,
and in further consideration of the covenants herein contain-
ed on the part of the said Lessee to be kept and performed,
the said Lessor does hereby lease to the said Lessee, the
following described property in Palm Beach County, Florida.~
"That part of the Southeast 1/4 of Lot 5
in Section 8, Township 46 South, Range 43
East, lying Northeast of Lake Ida Road,
Delray Beach, Florida.
"This lease shall be for a term of twenty-five .years from
this date, and the Lessee shall pay an annual rental of
One Dollar ($1.00) on.each'anniversary of this lease.
"This lease is made'by the Lessor for the purpose of enabling
the Lessee to conduct Boy Scout activities, and to erect a
building or buildings to be used in furtherance of said pur-
poses. In the event that this property should ever be used
for any other purpose, then this lease may be declared
terminated by the Lessor by giving the Lessee ninety days.
notice to terminate this lease. This lease may be declared
terminated by the Lessor in the event said Lessee ceases to
exist and operate as the Pioneer Boys Association, Inc. In
the event this lease is terminated, the Lessee may have the
right to remove any building or buildings placed thereon.
263
AUGUST 1~, 1961.
"tt is mutually understood and agreed by the pa~ties hereto,
that the Lessor may terminate this lease at any time, upon
a determination by the City Council that such action is for
the best interests of the citizens of Delray Beach. Termin-
ation shall be effected by giving Lessee notice of its in-
tention to terminate sixty {60) days prior to the date of
termination, with the understanding that upon the termination
date any buildings will be completely removed from the pre-
raises and the premises be vacated. If the Lease is terminated
in the manner provided for in this paragraph the Lessor hereby
agrees to provide other land for the re-location of said build-
ing, and will pay for the costs of removal or the cost of
placement whichever is less.
"The Lessee covenants that it will make no unlawful, improper
or offensive use of the said premises, that it will not as-
sign this lease or sublet any part of the said premises with-
out the written consent of the Lessor, that it will use said
premises only for the purposes set forth above.
"The Lessee will carry Liability Insurance upon said leased
property for the benefit and protection of Lessor, in an
amount and with companies approved by Lessor, which insur-
ance shall be for the purpose of indemnifying and holding
the Lessor harmless against any accident or ~inJux~y that may
occur as a result of the use of said leased premises.
"It is hereby covenanted and agreed that if the Lessee shall
violate any of the covenants of this lease that the Lessor
shall be entitled to re-enter and retake possession of the
above described premises upon giving ninety days t notice to
the Lessee as set forth above.
"The Lessee covenants and agrees that it will maintain the
above described property in a clean and orderly condition
and that it will remove, and keep removed, ~ubbish, papers
and debris of all kinds, and further that Lessee will land-
scape and maintain the premises in keeping with the beautifi-
cation policy now in effect in this Cit"y.
II, WITNESS WHEREOF,. the Lessor has caused t~is lease, to be
executed by its Mayor and attested by the City Clerk and the
City Seal to be affixed thereto on the day and Ye~ first
above written, and the Lessee has executed this lease on
the day and year first above w~itten.
CIT~ OF DELRAY BEACH
ATTEST:
PIONEER BOYS ASSOCIATION, INC.
ATTEST:
By _ _ . , , ,~ ~_ (Seal)
- ~eSident
Approved as to form:
Signed, sealed and delivered
in the presence of;
-9- 8-U -61
AUGUST 14, 1961.
Mm. Campbell questioned the amount of liability insurance to be
carried upon said lea~ed property and was informed that the amount
would be determined and approved by the City Clerkts office in con-
Junction with the City Manager and Cit~ ~tterney.
It was moved, by M~. Sundy that said lease be signed, sealed and
delivered. The motion was seconded by M~. Thayer and carried unani-
mous ly',
City Clerk Worthing informed the Council that action was de-
ferred at a previous meeting on a request for rezoning of Lots 13
thru 18, Block 14, Osceola Park, and then read the following Planning
Beard Report dated July 18th:
"On June 30th, 1961 at its regular meeting a hearing was
held before the Planning and Zoning Board on the matter of
a request received from Del~ay Septic Tank and Specialties,
Inc. requesting .a change of Zone from R-iA to 0-3 Lots 13
thru 18, Block 14, Osceola Park.
"At this meeting only two members of the Board were in the
city and able to attend. The meeting was held and the evi-
dence received from Mr. Joe Kern who represented the Company.
No other persons attended the hearing.
"On Monday July 3, 1961 a quorum of the Board was available
and a meeting held at which time all evidence received was
submitted and discussed.
"It was duly moved and seconded that the request be denied
on the basis that it alone could constitute a spot zone.
This motion voted 4 in favor and one opposed.
"Similar requests have been before the Board on several
previous occasions. The Florida Power and Light Co. ad-
Jacent and this are both non conforming uses. The entire
surrounding area is R-iA. There appears to be no logical
reason to tlegalize, such non conforming uses in this
particular area in view of the surrounding area. Continued
expansion of these presently indumtrial activities could
only tend to lower the standards in the adjacent surrounds
ing areas."
Mr. Campbell moved that the petition for rezoning be denied, but
that the records Show that the Council has been informed that Mr.
Kern has been given, by the Board of Adjustment, the right to con-
struct the building that he has asked for and that the building
permit will be granted and that this is done with the knowledge of
the Council and the knowledge of the Planning Board'. Following
discussion, the motion was seconded by Mr. Thayer and carried
unanimous ly.
City Clerk Worthing presented a Planning Board report dated
August 6th regarding a request from an a~ent represen.ting a property
owner on Ocean Blvd. who owns Lots 1 & 15, Williamson Deibel S/D,
Lot 1 being zoned R-3 and Lot 18 being much smaller and adjacent to
the west is zoned R-1AA, and were of the opinion that where a zoning
district boundar~y line divides a lot, parcel or tract of land, the
use classification of the larger portion may be extended to the re-
mainder by the Planning Board without recourse to amendment procedure.
(Sec. 29-77.6 par. 5 of Code of Ordinances) The Planning Board ruled
that they did not feel that this paragraph applied in this case.since
the property consists of two lots of record and the line exists be-
tween them, and that Mr. DeRice or his agent should apply for re.
zoning and a full public hea~ing be required.
It was moved by Mr. Thayer, seconded by Mr. Sundy and unanimously
carried that the owner of the property be informed of the action of
the Planning Board and that to make use of the smaller lot would re-
quire rezoning and that he further be advised as to proper proceduPe
to follow in applying for rezoning if that is his desire.
~:.~ City Clerk Worthing read the following Planning Board report dated August 6th:
~.-. -10- 8-14-61
AUGUST 14, 1961.
"At a regular meeting held on July 28, 1961 the Planning
and Zoning Board, lacking a quorum-three members being
present, held a hearing on a request made by Rev. G. B.
Bennett, Pastor of the Church of God, for permissive ~se
of a hall located on Lot 25, Block 1, Atlantic Park Gardens,
Delray Beach.
"The Board heard the evidence presented and reoonvened on
August 4, 1961 with a quorum to establish the recommendation
to be offered to the City 0ouncil. (Six members present)
"There were six persons present all of whom objected to this
new church. According to their testimony a similar church
is located about a block and a half south of this area which
has a loud speaker located out side the building which oper-
ates from time to time until late hours of the night consti-
tuting a nuisance in the area. Further that a church in
this location would create parking congestion since the
property is small and no off street parking could be provided.
"Neither the Reverend or any representative appeared at the
hearing, so we were unable to verify any details pertaining
to a potential nuisance.
"The Board unanimously voted (six members being present)
that the request be denied on the basis that the area of
the Property and the size of the building were too small
for a church and that further the matter of parking would
be a source of trouble to the adjacent property owners
since all parking~ would have to be along a main adjacent
street which is 14th Ave. between Atlantic Ave. and N. W.
1st Street."
It was moved by Mr. Sundy to uphold the recommendation of the
Planning Board and deny said request for Permissive Use of a Church
of God on Lot 2~, Block 1, Atlantic Park Gardens. The motion was
seconded by Mr. Thayer and unanimously carried.
There was discussion concerning the Police follow-up regarding
a loud speaker located outside of a church building in the S. W.
part of town, as mentioned at the Public Hearing for Permissive Use
of a Church of God.
The following Planning Board report dated August 6th was read:
"At a special meeting held on Aug. 7th the Planning and
Zoning Board considered the request of the Jaycees dated
June 9th requesting that a piece of land be leased to
them by the city so that they may erect .a club house
thereon.
"Their first choice of property between ~EO and Swinton
Ave. between 9th and 10th Street was approved by the Board.
"The Board strongly recommends that such a lease should be
short term with options for renewal. The Board further
feels that any building erected thereon should be moveable
similar to the Chamber of Commerce building.
"Since the boys plans are all in the future as far as
raising funds are concerned, a lease of not more than
two or three years with option to renew should give
them adequate time to get on their feet with a project
of this kind.
"The Board does not want to see any piece of city property
tied up for long periods of time as there is little enough
of it as is, and some unforseen and necessary use may arise."
Discussion followed concerning the size of the plot of ground in
question, type of building, term of lease, etc.
It was then moved by Mr. Campbell, seconded by Mr. Sundy and
unanimously carried that this matter be tabled for further study.
-ll- 8-~-61 "~
266
Oily Manager Mingle presented Bills for Approval as follows:
General Fund $ 40,460.10
Water Fund - Operating Fund 694.~l~
It was moved by Mr. Thayer and seconded by Mr. Campbell that
the bills be paid.
Mr. Sundy called attention to bills from other garages and asked
if the city garage and city employees could take care of the city cars
instead of having them overhauled elsewhere and City'Manager Mingle
answered that it was his understanding that the city does not have
sufficient mechanics to take care of all the city equipment.
Mr. Sundy also brought to the attention of the Council an item
in the amount of $390.04 of the Delray Beach Fire Department and
stated that included in this was a run on July 21st to the city dump,
and questioned the $1~8.00 expense for extra firemen for this run.
Upon questio..n, Fire Chief Gregory said that the firemen were paid at
the rate of $2.00 per hour, or fraction thereof, on any of these runs,
this being paid to the volunteers that are called out and to the off-
duty men that are called back, and that this has been a practice of
many years.
Mr, Campbell asked if the Police are paid extra when they are
called out on an emergency and was info~med that they were not. Mr.
Campbell further stated that it is the first time he has heard of a
Fireman being paid for emergency work and wonders why the Firemen
are paid and the Police are not, for emergency work.
Upon question as to any authorization for such payment Fire
Chief Gregory reported that this is a procedure that has been followed
for years and that from time to time it had been discussed with the
past City Managers and is always reported.
Mr. Campbell asked that the City Manager give a report at the
next meeting as to the authority for paying the paid' Firemen under
the conditions that have been referred to tonight and also as to why
the Firemen should be paid and the Police not under the same emergency
c end itions.
Upon call of roll the motion to pay the bills was unanimously
c~rried.
The City Clerk informed the Council that on April :~4th they had
taken action that beginning with May and continuing thru the summer
months there would be two regular council meetings held. each month
and that special meetings would be held only~ when called and asked
when they planned to return to four meetings a month.
It was moved by Mr. Campbell that the schedule~ for council
meetings on the 2nd and 4th Mondays of the month be continued thru
the month of September, the motion being seconded by Mr. Sundy and
unanimously carried.
Mayor Warren read a note signed by the various members of the
Press present at tonightts meeting extending their appreciation for
the Press Box having been raised.
Mayor Warren advised the Press that it was concluded by a
majority of the Council this morning at the caucus meeting, that the
Press is welcome at the caucus meetings and other than item~ which
might be considered for general discussion to be off the record,
which will be so stated, that any other items may be used for publi-
cation at any time~
Mr. Sundy read the following communication that he had received:
"Will Douglas LaPage, five year old son of Mr. & Mrs.
Wilbur LaPage asked his mother. 'Why dontt we have
horses on the swings in our City Park like they do in
Boca Raton?' Would you be so kind as to bring this
up at your next meeting. Thanking you in anticipation
of his request."
It was then moved by Mr. Sundy that the Recreational Director
look into the horse swings in Boca Raton and see what the possibility
would be of getting some like them for Delray Beach. The motion was
seconded by M~. Thayer and carried unanimously.
.... 8- -61
26?
AUGUST 14, 1961.
Mayor Warren announced that Councilman Thayer is leaving to-
morrow for a eacation in the north and wished him a good Journey
and safe speedy return.
Mr. Warren Grimes presented to the Council the following letter
along with the other information and specifications furnished him by
the Resources Development Board of Palm Beach County. Mr. Grimes
received..this Heliport Criteria as a member of the Aviation Committee
of said Resources Development Board.
'~nClosed you will find Heliport Criteria furnished by
H. O. Conners, President of the Heliport Association of
America, for your information.
'tit is suggested that members make a preliminary study
of possibilities in each a~ea, pending a meeting of the
Committee. We also have model ordinances for the use of
municipal Commissions o~I Councils as they may be needed
to correct obsolete ordinances."
During lengthy comments Mr. Grimes said that he felt the Council
would be wise in selecting or setting aside a piece of ground for that
purpose.
Mr. Sundy informed the Council that the Palm Beach County League
of Municipalities were also of the opinion that steps should be taken
for the Jet age in providing for Heliports in the area.
It was moved by Mr. Campbell that this matter be referred to
the Planning Board for study. The motion was seconded by Mr. Sundy
and carried unanimously.
The meeting adjourned at 9:30 P.M.
R,~ D.~ WORTHING
City Clerk
APPROVED:
'~AYOR
The item of approval of minutes was omitted on page one
of these minutes and is as follows:
On motion by Mr. Campbell and seconded by Mr. Thayer
the minutes of July 24th and 31st Council meetings
were unanimously approved.
268-~
'~RO~ER?XE~ ~N~VIOLA?I~N OF ORDINanCE G-147 & SECTION 15-3 & ~ of T"E CITY CODE
O~,~NER ADDRESS LOT, BLOCK & S/D CITY CODE
Mathis & Fannie M. 238 N.w. 5th Ave. Lot 20, Lincoln Park 4
Hunt Delray Beach, Fla.
~illiam&: Nancy 3311N.E. 17th Ct. Lot 21, Lincoln Park 4
Richards Ft. Lauderdale, ~la.
Mack Lowery Box 139 Lot 3, Block 7, 4
c/o Rev. Delray Beach, Fla. Atlantic Gardens
Andrew Ridley
Ruthle Mae Bush General Delivery East Vacant ~art of 4
Delray Beach, Fla. Lot.2Blk 7, Atl. Gardens
Southeastern P.O. Box 237 ~st vacant pt. of lots
Housing Assn. Inc,Boca Raton, Fla. 4,5,6,7,8,9,10,11,12
Block 7, Atl. Gardens 4
O.D. Jr., & 228 S.!~'. 1st Ave. Lot 19, Blk. 7 4
~. P. Priest Delray Beach, Fla. Atlantic Gardens
O.D. Priest Jr. 111 S. w. 4th St. Lots 20,21~22,23~ & 24 ~
Delray 2each, Fla. £1k.7, Ail. Gardens
City of Delray City Street R/W,S.~. llth
Beach Ave. S. from S.W..
2nd. St. to'S.W. 3rd St. ~
O. D. Priest, 228 S. w. 1st Ave. Lots 6,10,12 & 24, Blk. 4
Sr. Delray Beach, Fla. 10, Atlantic Gardens
David Berlow 3723 S. Fed. Hwy. Lot 7, Block 10 4
Delray Beach, Fla. Atlantic Gardens
Roy E., J. C. & Rt. # 2, Box 2~0 Lot 8, Blk 10
v.m.H. Lee Lake Worth, Fla. Atlantic Gar4ens 4
Elmore Hart 168 Revington St. Lot 11, Blk 10 4
New York 2, N.Y. Atlantic'Gardens
Ed Delavoe 1550 N."~. 65th St. Lot 13, Blk 10 4
Miami 47, Fla. Atl. Gardens
G. A~ & Madeline W~O. Box 22~ Lot 1%, Blk 10
Stevenson Delray Beach, Fla. Atl. Gardens 4
Ethel ~illiams 21~ S.1~.~. 10th Ave. Vacant ot. of Lots 16
Delray Beach, Fla. & 17, Blk 10, 'Atl.
Gardens 4
Delray Beach Land 228 $.?i. 1st Ave. Lots 19 & 22, Blk 10
Co. Delray ~each, Fla. Atlantic Gardens 4
Carrie L. & P.". Box 1603 Vacant nart of Lots 20,21
Annabell Tiggett Pompano Beach, Fla. BIk 10,. Atl. Gardens ~
Sarah E. Coles P.O. Box 1571 Lots 13-14, Blk 6
Delray Beach, Fla. Atl. Gardens ~
Sherman & Lillie ~.0. Box 652 Lot 15, Blk 6 ~
Bell Cooper Hobo Sound, Fla. Atlantic Gardens
William& Eva P.O. Box 91 Lot 20, Blk ~
Mae Miles Delray Beach, Fla. Atlantic Gardens 4
Rosa Campbell 1012 N.W. 1st Ave. Lots 26,27, & 29, Blk
Miami 36, Fla. 5, Atl. Gardens 4
Annie Lee General Delivery Lot 28, Blk ~
Session Delray Beach, Pla. Atl. Gardens 4
1.
268-B
,~ O~',NER ,~DDEESS~ ~OT, BLCCK & S/O CITY ~ODE
Alfred Lee P.O. Box 1347 Lot 20, Blk. 8
Delray Beach, Fla. ~tlantic Gardens 4
Annie May Jenkins 326 S.W. 5th Ave. Lot 1, Blk 9
~,.'atts & Maggie Delray ~each, Fla. atlantic Gardens 3 & 4
Lee ~atts
Christiane Mims ~ox 1263 Lot 5, Blk 9 4
et al Delray Beach, Fla. Atlantic Gardens
Mackie Smith 30 N.W. 5th ~ve. Lot 7, Blk 9
~elray Beach, Fla. Atlantic Gardens 4
~.~iillie & Flora 7.0. Box 1194 Lot 8, 51k 9
Bell Ceasar 0elray ~each, Fla. Atlantic Gardens 4
Georgia Boges Box 1778 Lot 10, 51k 9
Delray Peach, Fie. Atlantic Gardens 4
Maxwell Ponder Gen. Del. Lot 15, Blk 9
Delray Beach, Fla. ~tlant~c Gardens 4
O.D. ?riest, Sr. 228 S.W. 1st Ave. Lot 18, Blk 9
Del~ay Beach, Fla. ~tlantic Gardens 4
Joe & Annie P.O. Box 1351 Lot 20, Slk 9
Bell Dawkins ~elray ~each, Fla. Atlantic Gardens ~
Beatrice & P,C. Box 1789 Lot 7, Blk 1
Frank Royal Delray Beach, Fla. Belair Heights 4
Ernest ~. Tynes P.O. Box 313 Lot 10, Blk 1
Delray Beach, Fla. Belair Meights 4
Bonnie & Frankie P.O. Box 984 Lots 14 & 15, Blk 1
Adams PomDano Beach, Pla. Belair Heights 4
Bertha Mae Bardy 24 S.~. 7th Ave.. Lot 22, Elk 1
Delray Beach, Fla. Belair Heights 4
Priest Land Co. 228 S. ~. 1st Ave. Lots 23 & 24' Blk 1
Inc. Delray Dezch, Fla. .Belair Heights 4
City of Delray City Alleys in Plks 6,7,9,
Beach 10, Atlantic Gardens ~
Cit2 ~ Delray C~ty Alleys In Lincoln
Beach Park 4
J. B. LeClere Oak Hill Farms Lot 2, ~lk 10
Maple Lane Seagate A 4 ~
Allison Park, Pa.
Helen M. Rust 133 Elderfield Hd~ Lots 3,4, & 5, ~lk
Flower Hill 10, Seagate A 4
Manhassett, D. I.
New York
Laurence Harrison 218 Fox ~'~eadow Rd. Lot 6, 51k 10
Scarsdale, N.Y. Seagate A 4
Lucy McLeod Helm P.C. Box 1916 Lots 2 & 3, Blk ll
Delray ~each, Fla. Seagate A 4
J.B. LeClere Oak Hill Farms Lot 8, Llk ll
Maole Lane Seagate A 4.
Allison Park, Pa.
O. Clifford & 5877 Evergreen Rd~ Lot 9, Blk 11
Helen Grimshaw Dearborn 6, Michigan Seagate A 4
Jmanita H. Briese 30 Le Moyne Parkway Lots 2 & 3, Blk 12
Oak Hxll, Illinois Seagate A 4
a62-c
O~NER '~S'~o~o~ LOT~ ~tiLOCK & S/D CITY CODE
Lucy McLeod P.O.~ Box 1916 Lot 4,
Helm Delray Beach, Fla. Seagate A 4
Brainard Land P.O. Box 622 Lot l, Blk 13
Develonment Co. Far Mills Branch Seagate A ,4
Dayton 19, Ohio
Dewey Shirley 57 South Main St. Lot 2, Blk 13
Miamisbu~g, Ohio Sea~ate A 4
Lucy McLeod Helm P.O. Box 1916 Lot 4' BloCk 13
Delray Beach, Fla. Seagate A 4
John Bruce Bredin P.O. Box 87 LEt X, Dik 14
Wilmington 99, Del. Seagate A 4
Norms G. Rogers 1010 Bucida Rd. LotS,' Bik
Delray Beach, Fla. Seagate A 4
Melen R. ~'ebster 5416 Har~er Ave. Lot 4, Blk 15
Chicago 15, t11. Seagate A
Hal R. & Burdeen 412 New York Blvd. Lot 6, Elk 15
Sheaffer Sea Girt, N.J. Seagate A 4
Evelyn G. McGraw ~.0. Bo~ 39, Monticello Lot 2, ~lk 16
.~uebec, Canada Seagate A 4
Wilmer B. &
Marguerite E.Hoge 1141 Foxchase Rd. Lot 3, Blk 16
Birmingham, Mich. Seagate A 4
Helen M. Rust 133 Elderfield Rd. Lot ll, Blk 16
Flower Hill,Manhassett Seagate A
L. I., N. Y.
Martha H. Florer ~ Glenbrook Hd. Dell Park, B1k 8
Wellesley Farms,Mass. Lots 17, 18, & 19 4
K.D.D.O. Corn. 215 S. Fed. Hwy. Lot 20 , Blk 8
Boynton Beach, Fla. Dell Park 4
Kenneth & Ella 450 N.W. 9th St. Lots 23 & ~4, Blk 8
May Krusell Delray ~.each, Fla. Dell Park
William Mayer 29 S.E. 7th Ave. Lots 33 thru 38, Blk
Estate Delray Beach, Fla. 8, Dell Park 4
John H. & Ella W.O. Box 415 Lot 17 & W10' of 16
S. Arnott Delray Beach, Fla. Seestedt Stevens S/D 4
Walter G. ~ '765 Valley St. W18, of 13, all 14 &
Mary R. Pill Orange, N.J. El3' of 15,. Seestedt
StevensS/D 4
Guyan Machinery Logan, Lot 14, Block 115 4
Co. c/o William West Virginia
G. Wilson
Ruth Johnson Rombout Ridge Lot 21, Blk 92 4
'.'allace Poughkeeoste, N. Y.
Lake Ida Dev. P.O. Box 373 Lots 1 thru 15, Blk 4
Corp. Delray Beach, Fla. Lake Ida Shores
1st Add. 4
S.E. O,Neal Box 38 E~gf SE~ of NW~ of
Delray Beach, Fla. NW~ of Sec.17-46-43
Less W25' R~ & Less
S 5,R/W (5) 4
Fred D. Kitchen Box 606 Let 1, Blk
Delray Beach, Fla. Pine Crest 4
3
268-D
~WNER AOD?[S~ LOT, B~OCK & S/D CITY CODE
Ruben Dobson 247 N.", 4th Ave. Lots 2 & 3, Blk 2
Delrsy ~i~each, Fla. Pine Crest 4
Rosa Ella 1013 01d Dixie Lots 19,20, & 21,
?eterson Rivera Beach, Fla. Blk 2, Tine Crest 4
Lezer Dobson 107 N.W. 3rd Ave. Lots 23 & 24, Blk 2
Delray Beach, Fla. Pine Crest 4
J. P. & Kathleen 1206 N.B. 3rd Ave. Es of Lot 17, E~ of
Calloway Delray Beach, Fla. Lot 18, Blk B
Tourist Nook 4
Lawrence Pratt 265 w. 114 St. Apt.4E Lot 13, Elk A
New York 26, N.Y. Tourist Nook 4
Vernon 'Kemp 419 N.W. 1st St. Lot 14, Dlk A
D~lray Beach, Fla. Tourist Nook 4
~illiam H, 142 S. ~. 4th Ave. Lot 15, Blk A
Johnson Delray Beach, Fla. Tourist Nook 4
O. D. Priest, Jr. 111S.~. 4th St. Lot 16, Elk A
Delray Beach, Fla. Tourist Nook ~ 4
Johnny B. 308 N.W. 2nd St. Lots 17,18,19, Blk A
Samuels Delray ~each, Fla. Tourist Nook 4
Booker Green P.O. Box~ 1771 S50' of Nll2' of W135' 4
Delray Beach, Fla. of Blk 26, Tourist Nook
~. & Lettie ~.0. Box 1666 N62' of w135' of
Long Delray Beach, Fla. B'lk 26 (21) ~ 4
Harry & Kate Rt. 1, Box 945 Lot 1, N~ of Blk 19 4
Hagwood Delray ~each, Fla.
Lee & Annie H. p.o. Box 1063 Lot 2 N~ of Blk 19 4
Youngblood Delray Beach, Fla.
Henry & Hazel Clem 231 S.W. 5th Ave. Lot (17) Blk 18 4
c/o Mattie Ivy Delray Beach, Fla. EBO' of S150'
Helen R. Webster 5416 Hatter ave. Lot 4, Blk 4,
Chicago 15, Ill. Seagate Ext. 4
?obert Lees 426 Waverly Rd. Lot 6, Blk 4,
Glenside, Pa. Seagate Ext. 4
Allen~E. & Marcia 420 S. Ocean Blvd. Lot 8, Blk 4
F. Estabrook Delray Beach, Fla. Seagate Ext. 4
Frederick &
Esther Morrison 220 W. Rittenhouse Sq. Lot 13, Blk 5
Philadelohia 3, Pa. Seagate Ext. 4
t~. A. & Mildred Central Nat'l Bank of Lot 17, Blk 5
Giffhorn Cleveland Seagate Ext. 4
c/o T. M. Bates P.C. Box 6179
Cle~eland 1, Ohio
Sylvanus C. & 137 N.W. 6th Ave. Lot 3, Lincoln Park 4
Lillian Rolle Delray Beach, Fla.
Virgil Stubbs 330 S.w. 5th Ave. Lot 5, Lincoln Park 4
Delray Beach, Fla.
Isaac Williams Box 1697 Lot 6, Lincoln Park 4
Delray Beach, Fla.
4
O'~,.!NER A.~D~ES8 LOT,..BLOC~ & S_~D CITY CODE
Emma ~.~ackey Box 157 Lot 7, Lincoln Park 4
Boee Eaton,
Willie Quince Gen. l)el. Lots 13 & ~, Lincoln
Delray ~®~ch, Fla. Park 4
Ar~hU~.,.Lee Holiday ?.0. Box 31~ Lot ?, Blk l0
Delx'ay Beach~ Fla. Atlantic Gardens 4
Submitted to the Cxt2 Council by the City
l~ianager this l[~th day of Aug~st'~ 1961
5
RESOLUTION NO. 1339.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, A~OESOING COSTS FOR ABATING NUISANCES
L~PON CERTAIN Li~DS LOCATED WITHIN SAID CITY: SETTING
OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCO~PLISH
SUCH ABATt~ENT AND LEVYING THE C04T OF SUCH ABAT~IENT
OF SAID NUISANCES, AND DECLARING SAID LEVY TO BE A
LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY RE-
PORT OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA.
WHEREAS, the City Council of the City of Delray Beach~ did, in
regul...a..r, and/or , session held on the 10th of..pril, 19§1
~ ~-on-~iTth_ of, A~.~'l'~'1961' ' , declare the exis~'~ce of a nui'~,
~ce upon certai~ lO2S'~r parcels of land, described in a list sub-
mitted to them, for violation of the provisions of Ordinance G-l~7;
WHEREAS, pursuant to such declaration, the City Clerk of said
City did furnish each of the respective owners of the lands describ-
ed in said list with a notice describing the nature of the nuis_~_~ce
and that they must abate said nuisance within thirty (~0) days,
failing in which the city council would have it done, and the cost
thereof would be levied as an assessment against said property; and
WHEREAS, the owners hereinafter n~med did fail and neglect to a-
bate the nuisance existing upon their respective lands within the
time prescribed in said notice and Ordinance G-l~7, and the City of
Delray Beach was required to and did enter upon the following lands
and incur costs in abating the nuisance existing thereon as des-
cribed in the aforesaid list; and
~,dtF~AS, the City Manager of the City of Delray Beach, has, pur-
suant to said Ordinance G-l~7 ~nd the City Charter submitted to the
City Council a report of the costs incurred in abating the nuisance
as aforesaid, said repor~ indicating the costs per parcel of land
involved,
NOW, THEREFORE, BE IT ~SOLVED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
1. That assessments in the individual amounts as shown by the
report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is at-
tached hereto and made a part hereof, are levied against the parcels
of land described on said report and in the amounts indicated there-
on. Said assessments so levied shall be a lien from this date upon
the respective lots and parcels of land described in said report, of
the same nature and to the same extent as the lien for general city
taxes and shall be collectible in the same manner and with the same
penalties and under the same provisions as to sale and foreclosure
as city taxes are collectible.
2. That the City Clerk of said City shall record a certified
copy of this resolution in the office of the Clerk of the Circuit
~ourt in and for Palm Beach County, Florida, and shall furnish to
each of the owners named in and upon said report a notice that the
City Council of the City of Delray Beach, did, on the 10_th of April,,
.1961 aDd.....on t. he' ..17~h..of April, !961_~
order ~he abatement of a certain nuisance ~xisting On their des- '
cribed property and property owner having failed to abate such nul-
sance, within the ~0 day period, whereupon it was abated by the City
at costs shown in said report and such assessments shall be legal,
valid and binding obligations upon the property against which said
assessments are levied. Such assessments shall draw interest at the
ra~e of 6% per s~um from ~his date until fully paid.
PASSED AND ADOPTED in .. regular. . session on the 14~th day of
August .. , A,D. 1961.
I