10-23-61 OCTOBEa 23, l%l.
A regula~ meeting of the City Council of Delsey Beach was held
in the Council Chambers at 8:00 P.M. with Hayor George V. Warren in
the Chair, Acting City Manager Robert D. Worthlng, City Attorney John
Ross Adams and Councilmen Dugal G. Campbell and John A. Thayer being
present.
Mayor Warren announced that City ~mager Smitzes and Councilmen
Avery and Sund~ were absent as they are attending the Florida League
of Municipalities Convention in Jacksonville.
1. An opening praye~ was delivered b2 Councilman John'A. Thayer.
2. On motion by Mr. Campbell end seconded by Mr. Thayer, the
minutes of the October 16th meeting were unanimously approved.
4. Mayor Warren read the minutes of October 19th Beautification
Committee meeting as follows~
1. "A discussion was held concerning methods of landscaping
the down town business area. F~. Elkanick and M~. Ellingsworth
were instructed to draw plans showing areas where palms or
other trees were needed and report back to the Committee at
its next meeting.
2. "Mr. Toth ~eported that foundations had been poured for the
flag pole~ in the no~th and south entrance islands and for
the civ~e club sign on the south entrance. It was indicated
that the proposed location for the north civic club sign as
approved by the State Road Department, ~as in violation of
the ten foot set back ordinance. Mr. Toth and Mr. Ellingsworth
were asked to seek other possible locations for this sign and
report back to the Committee.
3.. "After a discussion concerning beach improvements, a motion
was made by Mrs. Little, seconded by Mr. Oalinat, that a
few sunken disposal cans be placed near the pavilion on a
test basis and that the other disposal cans be painted
green. Motion passed.
4. "A motion was made by Mr. Galinat, seconded by Mrs. Evaul,
that the city be asked to proceed with lands.c, aPing the south
entrance island with expenses not to exceed $2,~00.00.
Motion carried..
5. "A motion was made by Mr. Lankton, seconded by M~. Galinat,
that. the Committee recommend to the city that it tighten up
on the ordinance covering the placing of household trash
with garden trash in front yards for pick-up. Motion passed."
Regarding Item 3, acting City Manager Worthing informed the
Council that the City Manager and City Engineer recommends that this
plan not be pursued in accordance with the motion as to the sunken
disposal cans as the~e is a possibility of liability on the part of
the city from people stumbling over them. Mr. Campbell then moved
that the painting of the cans and the recommendation as to the
sunken cans be tabled for a week and that the matter be discussed
with the City Manager, City Engineer and the other Councilmen that
are not here tonight. The motion was seconded by Mr. Thayer and
carried unanimously.
Regarding Item 4. Mr, Campbell stated that there is $4,000.00
in the budget for this but he would like to know if a landscape
architect is employed for this or will the city go ahead on their
own with this project. City Engineer Fleming stated that he did not
believe there is a 1.a. nds~cape architect hired for this project. Mr.
Campbell moved that $2,~00.00 be authorized fo~ this project, the
motion being seconded by Mr. Thayer and unanimously carried.
Regarding Item 5, upon question City Engineer Fleming stated
that the present ordinance states that the household trash can be
placed with the regula~ trash providing it is too large to place in
the garbage can.
10-23-61
OCTOBER 23, 1961.
6.a. Acting City Manager Worthing read the following letter from
Capt. James W. Shebs, dated October 19th:
"Please accept my resignation as Civil Defense Director for
the city of Delray Beach. Personal circumstances, unforseen
at the time I accepted this position make this action neces-
sary. I regret that this must be done as I sincerely enjoyed
meeting and working with yottrselves, the city employees and
the various civic and service organizations in this community."
It was moved by Mr. Campbell that the resignation be accepted
with regret, the motion being seconded by Mr. Thayer and unanimously
carried.
Mayor Warren then read a letter from the Trinity Lutheran School
to Capt. Shebs thanking him for his talk to them on Civil Defense·
Mr. Campbell said that he was sure every one appreciated the
work that was done by Capt. Shebs in the short time that he was here
and was sorry that he could not remain on the JOb.
6.b. The acting City Manager presented the following bids received
for o.ne 6-cylinder, standard e. qu.ipment, 2-door passenger car with
trade in allowance for. one 1957 4-door ford passenger ca~ and stated
that it is recommended that award of purchase be made to the Iow
bidder.
Adams Chevrolet ~
55o
O0
Earl Wallace Ford ='
,443.83
Mr. Thayer moved that the bid be awarded to Earl ~allace Ford
in the amount of $1,443.83, the motion being seconded by Mr. Campbell
and unanimously carried.
6.c. Acting City Manager Worthing presented a Survey Report of al-
leged nuisances existing in violation of Chapter 15 of the Cityls Code
of Ordinances that had been furnished him by the Fire Department.
It was moved by Mr. Campbell, seconded by Fir. Thayer and unani-
mously 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." See Page 330A,
330B, 330C and 330D
X. Mr. Campbell called attention to the high growth of a hedge on
the southeast corner of the intersection of S. E. 4th Street and 4th
Avenue which is apparently a violation of Ordinance No. G-390.
X. Mr. Campbell called attention to the extremely high growth on
some of the property on each side of So E. 6th Avenue and City Clerk
Worthing informed him that some of that property had been mowed re-
cently and that the other property in that area that is in violation
is on a current nuisance list.
8.a. Acting City Manager Worthing read RESOLUTION NO. 1355.
A RESOLUTION FIXING AN INITIAL SCHEDULE OF
RATES AND CHARGES FOR SANITARY SEWER SERVICES
TO BE RENDERED BY THE SANITARY SEWER PLANT AND
.SYSTEM OF THE CITY OF DELRAY BEACH, AND PROVID- ING FOR A HEARING THEREON.
(copy of Resolution No. 1355 is attached to and made a part
of the official copy of these minutes.) Page 330E, 330F, 330G
330 H and 330I
On motion by Mr. Campbell & seconded by Mr. Thayer, Resolution
No. 1355 was unanimously adopted.
8.b. The Acting City Manager reviewed RESOL~ION NO. 1354.
A RES0L~TION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA, ASSESSING C0~TS FOR ABATING NUISANCES UPON CERTAIN
LANDS LOCATED WITHIN SAID CITY; SETTING OUT ACTUAL COSTS IN-
CURRED BY SAID CITY TO ACCOMPLISH SUON ABATEMENT AND LEVYING
THE C0~T OF SUCH ABATEMENT OF SAID ~N3ISANCES, AND DECLARING
SAID LEVY TO BE A LIEN UPON ~AID PROPERTY IN AN AMOUNT AS
SHOWN BY REPORT OF THE CITY MANAGER OF DELF-~Y BEACH, FLORIDA.
-2- 10-23-61
OCTOBER 23, 1961.
(copy of Resolution No. 1354 is attached to and made a ~aarntd
of the official copy of these minutes." See Page 330
330K
On motion by Mm. Thayer and seconded by Mm. Campbell, Resolu-
tion No. 1354 was unanimously adopted.
8.c. On October 9th the Council approved the rezoning of Lot 18,
Williamson Deibel and the following ordinance was prepared in com-
pliance with Chapter 29 of the Code of O~dinances.
ORDINANCE NO. G-415.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OP DELRAY BEACh{, PLORIDA, REZONING
AND PLACING LOT 18, WILLIA~S0N-DEIBEL
SUBDIVISION IN "R'3" DISTRICT, AND AI~.ND-
ING "ZONING MAP 0P DELRAY BEACH, FLORIDA,
1960".
On motion by M~, Campbell and seconded by M~. Thayer, Ordinance
No. G-d15 was unanimously placed on first reading.
8,d. Acting City Manager Worthing presented ORDINANCE NO, G-413.
AN ORDINANCE REGULATING THE MOVING 0F BUILD-
INGS OVER, ALONG OR ACROSS HIGHWAYS, STREETB
AND ALLEYS IN THE CITY OP DELRAY BEACH, FLORIDA:
PROVIDING FOR PROTECTION TO THE CITY FROM DAMAGES
ARISING OUT OF SUCH OPERATION; AUTHORIZING THE
CITY BUILDING INSPECTOR TO ISSUE PERMITS; PROVID-
ING FOR ENFORCEMENT; AND P~RIBING PENALTIES
FOR THE VIOLATION OF ITS PROVISIONS.
(Copy of Ordinance No. G-d13 is attached to and made a part
of the official copy of these minutes.) 330L, 330M, 330N, 330 0
M~. Campbell asked if there was any number of days permLXtted
to get a building moved after same had been loaded and ready to be
moved. City Attorney Adams said that this new ordinance would take
came of that as to comply with lt, a person is requt~ed to get per-
mission from all the public utilities regarding moving of a building
before they get the moving permit from the City.
There bei,:.g no objections to Ordinance No. G-d13 it was moved
by ~P. Campbell, seconded by Mr. Thayer and unanimously carried that
said ordinance be passed and adopted on this second and final reading.
9.a. Regarding the drainage problem at N. E. Z~nd Street and N. W.
2nd Avenue (Seacrest Blvd.) acting City Manager Worthing presented
the following agreement..
SEACHEST-PINERI w. DEAINAGE PRO CT
(DW. Za ¥ BFmC )
CONSTaucTION AND ESCaOW AG . ENT
THIS AGREEMENT made and entered into in duplicate this the 9th
day of October, A.D. 1961, by and between the City of Delray Beach, a
municipal co~poration organized, and existing under and by virtue of
the laws of the 8tate of Florida, hereinafter referred to as the City,
and the County of Palm Beach, a political subdivision of the State of
Florida, hereinafter referred to as the County;
WITNESSETH:
1. The County enters into this agreement under the power and
authority g~anted to it by Chapter 31,11? of the 19~5 Special Laws
of the State of Florida.
2. The City covenants and agrees that it has the power and
authority to enter into ~his agreement under the provisions of its
municipal cha~ter and the Municipal Laws of the State of Florida.
3, The parties hereto mutually covenant and agree that it is
for the public benefit, interest, welfare, health and safety of both
-3- 10-23-61
229
OCTOBER 23, 1961. '"
the citizens and residents of the City of Delray Beach, and the
County of Palm Beach, that a storm sewer system be installed in the
area of Pineridge Road and Seacrest Boulevard, which system will be
partly within the city limits and partly in the county area outside
of ~he~municipality, as shown on the sketch prepared by the Engineer-
lng Department, Palm Beach County, Florida, Drawing No.1.1 61.'045,
which is attached hereto as Exhibit 1 and made a part hereof/by re-
ference thereto.
4. That the parties hereto mutually covenant and' agree that
the present condition presents a serious problem and warrants a prompt
corrective measure in order to preserve and protect the general wel-
fare of the public, and that it is the purpose and intent of the par-
ties hereto to use the ftmds and facilities of both parties to effect
a prompt and corrective treatment by the construction of said storm
sewer system.
5. The County covenants and agrees that all surveys, plans,
specifications and engineering supervision of construction will be
provided by the County at County expense.
6. It is mutually covenanted and agreed that the p~e~liminary
estimated cost of th~ storm sewer system 'constructiOn is $15,280.00.
It is agreed that the cost of construction will be borne by _the City
and the County, each on a one-half basis. If there is an overrun on
the estimated cost of construction, the City and County will each
furnish one-half of the additional cost, and if there is a surplus,
one-half of the remaining balance thereof will be returned to the City.
7. The City does simultaneously with the execution and deliv-
ery of this agreement to the County irrevocably deposit with the
County in escrow the sum of $9,1~0.00, to be used as the Cityts share
of the cost of the construction, and the County does likewise place
in a special construction fund in escrow a like sum of $9,1~;~0.00, and
it is agreed that said funds so placed in escrow shall be used only
for the payment of labor and mate~ials in the construction of said
storm sewer system.
8. The County agrees that it will open and set up in its re-
cords an account to be designated "County of Palm Beach--City of
Delray Beach Storm Sewer Construction Fund," and that no money will
be withdrawn thereform except for the.purposes herein e~pressed.
9. The County covenants and agrees that the surveys, plans and
specifications will be completed as soon as possible and invitations
for bids will be advertised and the contract awarded to the best re-
sponsible bidder meeting the specifications. The appropriate County
officials and employees will consult with and seek the counsel and
advice of the members of the City Commission and their duly desig-
nated representatives, but it is mutually understood, covenanted and
agreed that the County shall have the final decision on all matters
pertaining to the plans and specifications, the awarding of the con-
struction contract, and the supervision during the course of construc-
tion...
10. When the construction of the storm sewer system has been
completed the County agrees to furnish to the City an audit and state-
ment of all expenditures made from the escrow fund and ps. id out for
labor and material on the project.
IN WITNESS WHEREOF the City has caused these presents'to be
signed by its MayoP, attested by its Clerk, and its corporate seal
affixed hereto, pursuant to authority granted by the City Commission,
and the County has caused these presents to be signed in the name of
the Board of County Commissioners by its Chairman and the seal of the
Board affixed thereto and attested by the Clerk of said Board, pursu-
ant to authority granted to said Board, the day and year first above
written.
CITY OF DEI~AY BEACH, FLORIDA
signed, sealed and delivered in By
the. presence of~
ATTEST:
AS to 'C'i%~' of D~iray' Beach,: F~.o~lda.
-~- lO-23-61-
OCTOBER 23, 1961.
BOARD OF COUNTY C02.~ISSIONERS
OF PAI~M BEACH COUNTY, FLORIDA
.......
.............. ~TTF. ST
As to Board of County Commis-
sioners of Palm Beach County, -~-~
Florida
(SEAL)
~. Wo~thing stated that it is recommended that the Council
provide such funds in the amount of $9~1~0.00 to be placed in said
escrow fund for this determz~ned improvement, which funds eme avail-
able from the Special Assessment Fund.
~m. Cm~pbell moved that the City Manager be authorized to enter
into this contmaot and that the sum of $9,1~0.00 be placed in escrow
as per the contract, further that the City Manage~ be dimected to
p~epare the plans, specifications and the estimate of cost in so far
as it ~ffeots the City's part of this contrsct and fumthem to authom-
ize the e~lo~ent of B~a~, Webe~ ~d B~oo~a~ ~o make the neces-
s~y en~$nee~$n~ s~e~ fo~ the benefited ~ea. ~e motion was sec-
onded b~ ~. Tha~e~ ~d oa~ied un~mousl~.
9.b. Conoe~ taxicab ope~ation ~n the.C$t~ of De~a~ Beach
~ot$n~ Cit~ M~e~ ~e~d 0~INANOE N0. G ~16.
A~ O~INAROE 0F ~ OI~ OF DE~Y B~OH~
P~R~A, A}~IN~ SECTION 26-10,
26~ CODE OP ORDI~ANC~ OP T~ O~Y OF
DE~Y B~CH~ PLORI~, P~gAINING T0 S~-
P~SION A~ ~0C~TION ~ CERT~ICATE 0F
P~LIC CO~N~NOE A~
On motion b~ ~. Tha~e~ ~d seconded b~ ~. C~pbell~ O~din~oe
No. G-~16 was ~~ously placed on first ~e~d~n~.
~. C~bell oo~ented on ~he diffement weekl~ ma~es oh~ed
~a~oab operators fo~ tma~po~ maids to ~heim work and wondered
if the~e was a possib$lit~ of ~ett$n~ ~ established oon~aot
not b~ mile bu~ b~ ~e week, fo~ ~sgomtin~ ~hese people ~o ~hei~
work.
~. O~pbell ~hen moved ~at t~ C~ty Mana6e~ be asked to follow
t~ou~ and see w~t oan be done on that~ the motion bein6 seconded
b~ ~. ~a~e~ .~d ~animousl~ oamried.
9.o. Conoe~n$n~ aba~$n~ nuis~oe on certain spo~l e~ea o~ed b~ the
Florida Inland N~vi~ation Dis~io~, Ao~ln~ Ci~ M~a~e~ Wo~ing ~ead
the foll~in~ le~e~ dated Ootobe~ 19th.
"Re= Lots 319, 330, T~opic Isle
"You~ lette~ of Oo~obe~ 16th p~obabl~ ~efe~s ~o 6ove~en~
spoil a~eas ~A 6~-C and ~A 6~-D ~$oh l~e E~st of
Int~oo~stal W~%e~wa~ i~ediatel~ South of the Ei~th Avenue
B~id~e. I undemstand that ~e low condition of ~his amea
has been oo~lained about b~ the residents as f~n$shin~ a
breedin~ ~ound for re,mine, snakes and insects.
"As ~ou ~ow~ the waterwa~ is due ~o be widened and deepened
~d ~ is e~eoted t~t ~his work w$11 be ~de~taken nex~
sp~in~ ~d s~e~. At th~ time it wi11 be ~ossible to fill
~he a~ea which should make it less ob~eotionable. In the
meantime, the ~osquito Con~ol D$s~$o~ could do whateve~
deemed neoess~ in the wa~ of olea~$~ ditches to secure
bettem d~a$ns~e ~d circulation of surface
"I undersold the Plain6 Board of the C~ is 6o~n6 to
p~epa~e a p~io~i~ schedule fo~ fillin~ certain a~eas with-
in ~he Oit~ ~o ~he extent tha~ d~edged ~e~i~l is ~va~lable.
In ~his pl~ oonside~tion could be ~ven ~o fi115~ an~
a~eas ~$oh a~e objectionable."
-5- 10-23-61
OCTOBER 23, 1961.
X. Mr. Campbell moved that the candidates who have filed and who
may file for Mayor and 0ouncil be asked to sit with the Council in
their caucus and other meetings, if they so desire, that they may have
a chance to bring themselves up to date as to what is going on, the
motion being seconded by Mr. Thayer and unanimously carried.
X. Concerning the Sewage Works Project, Mr. Campbell stated that
he had received a call today from Mr. Russell of Russell & Axon
Engineering Firm to the effect that he has set up a meeting for 3:00
P.M., Tuesday, October 31st, in Orlando.
M~. Campbell then moved that the Mayor, the City Manager and
himself be authorized to represent the City at that meeting, the
motion being seconded by ~. Thayer and unanimously carried.
X. Mr. Campbell stated that at a meeting of the voters league the
other night a Suggestion was made by a contractor, Mr. Herig, that
thought be given to recommending or permitting the septic tanks for
new buildings to be placed on the side of the house toward the street
if there is no alley or easement in the back, in 'other words the near-
est to the possible sewer lines as they will be established later.
Mr. Campbell stated that it would cut down on the cost of bringing
the sewers into the homes at a later date and asked that the City
Manager be requested to give a meport on the feasibility and possi-
bility of that at the next meeting.
X. Concerning Civil Defense, Mr. Campbell said that he felt the
city should have something on file in the way of a recommended fall-
out shelter and asked that the City Manager be asked to follow through
on this and see what the latest is in the way of recommendations,
something that the City may be willing and able to adopt.
lO.a. Acting City Manager Worthing presented bills for approval as
follows:
General Fund $ 56,159.75
Water Fund - Operating Fund 2,1~5.74
On motion by Mr. Thayer, seconded by Mr. Campbell and unani-
mously carried the bills were ordered paid.
The meeting adjourned at 8:55 P.M.
o., Wp, T.HZ ..............
City Clerk
APPROVED:
j~MAYOR ~
lO-a3-61
PROPERTIES IN VIOLATION OF ORDINANCE G-l~7 AND SECTION 15-3 & 15-~ OF THE CITY CODE
OWNEI~. ADD~ESS %0T., BLgCK &. S/~ CODE
Thomas & Frances 1015 Miramar Dr. Lot 10~ B~k
E. Whitehead Delray Beach, Fla. Seagate Extension
Winthrop B. & P.O. Box 1~ Lot 1~, Blk 5
Mildred~E. Norton Oyster Pond Seagate Extension
- Edgartown, Mass.
Naomi Richey 25 Gleason St. Lot 18, Blk 5
Delray Beach, Fla. Seagate Extension 4
~. L. & Emma H. Box 636 Lot 20 Blk 5
Due Delray Beach, Fla. Seagate Extension
Bayview Ltd. Hamilton, Bermuda Lot 22, Blk 5
% Hallet, h%itney Seagate Extension
& Patton
K.E. & Katherine 280 Garnett St.,S.W. Lot 23, Blk 5
Edwards Atlanta 3, Ga. Seagate Extension
John B. & Lois 74 Clubv~ew Dr. Lot 27, Blk 5
Spielman Irwin, Pa. Seagate Extension
Domenick Caopetta 103 E. 8~th St. Lot 28 & N65' of Lot
New York, N.Y. 29 Blk 5, Seagate Ext.
Del-Bay Chev. Inc. 232% N.E. 28th St. S35' of Let 29,'L~ts 3~,31,
Pompano Beach, Fla. 3~ & N27.5' of Lot 3~
Blk 5, Seagate Ext.
Benjamin & 2733 N. E. 16th St. Lots 18 & 19, Blk.4
Rosemarie C.Widoff Ft. Lauderdale, Fla. Rio Del Hey Shores
John Rioley & 703 S. E. 9th St. Lot 2Q, Blk ~
Charlotte G. Kiel Delray Beach, Fla. Rio Del Rey Shores
Warren L. & Hazel 3 Reservoir St. Lot 25,· Blk
B. Martin Nashua, N. Ho~. Rio Del Rey Shores 4
Geo. J. Binns & 709 S.E. 9th St. Lots 1 & 2, Blk 5
Chas. 0. Jansen Delray Beach, Fla. Rio Del Hey Shores 4
Alfred E.~'Ward 715 S.E. 10th St. Lot 4, Blk 5~
Delray Beach, Fla. Rio Del Rey Shores 4
W.G..Holloway 701 S. Ocean Blvd. Lot 5, Blk 3
Delray Beach, Fla. Seagate , Sec. A 4
Samuel~. = & 906 N.E. 2nd St. Lot 7, Blk 138
Shirley O'Neal Delray ~each, Fla. Runnymede 4
Robert A. Curran 710 N. Plankenton Lot !7, Delray Isle 4
Milwaukee, Wis.
Willard F. Henoch 152~ N. 27th St. ~ Lot 16, Delray Isle
Milwaukee 8, Wis6
Margaret Handolph 1~47 Waverley Rd~ Lot 22, Dalray ISle
Highlmnd Park, Ill.
Mary S. & 3680 Peachtree Rd. Lot 25, ~elray Isle
F. E. Byers Apt. ~ A
Atlanta 19, Ga~
Martin G~ Woodward 171~ E. Sunrise Blvd. Lot 5,
Pt. Lauderdale, Fla. Rio Del Rey Shores
OWNER ADDRESS LOT,BLOCK & S/D CODE
Stenhen B. & East Syracuse 1 Lot 6, Blk 4
MarJorie P. Keeler New York Rio Del Hey Shores
C. F. & Tonetta 16 Tonetta Circle Lot 7, Blk k
St. John Fairfield Co, Rio Del Ray Shores
E. Norwalk, Conn.
Bessie C. Addition 1529 Coral Ridge Dr. Lots 11 & 12, Blk 4
Ft. Lauderdale, Fla. Rio Del Hey Shores
George A. & Jane 237 Forest Ave. Lot 1~, Blk 4
Moreland ~ Ben Avon Rio Del Hey Shores
Pittsburg, Pa.
John S. & 15316 Grandville Blvd. Lot 16, Btk ~
Florence B. Putman Detroit 23, Mich. .Rio De~ Rey Shores 4
Stanley & Box 8 Lot 17, Blk 4
Fleuredtna Atlantic Highlands, Rio Del Ray Shores 4
Journeay New Jersey
~illiam M. Miller P.O. Box 2593 Lots 1 & 2, Blk 1
Pompano Beach, Fla. Rio Del Ray Shores 4
M. H. & Ann~ G. 1530 S. Ocean Blvd. Lots 1 & 2, Blk 2
Sturtevant PomDano Beach, Pla, Rio Del Hey Shores
Dan F. & U~sula B. 8120 E. Jefferson Ave. Lot 3, Blk 2
Hulgrave Detroit 14, ~tch. Rio Del Ray Shores
Dan F. & Kathryn 4030. Outer Dr. Lot 4, Blk 2
Hulgrave Detroit 21, Mich. Del Ray Shores '
Clyde H. Reeme 18094 Warrington Dr. Lots 5 & 6, Blk 2
Detroit 21, Mich. Rio Del Ray Shores
E. Jack Barnes 570 Banyan Road Lots 7 & 8, Blk 2
Gulfstream Rio Del Hey Shores
Delray Beach, Fla.
M~ H. & Anne G. 1530 S. Ocean Blvd. Lots 1 & 2, Blk 3
Sturtevant Pompano Beach, Fla. Rio Del Ray Shores...
Francis W. & Clare 2631 N.E. 48th St. Lot 2, Blk 4 . -~ ..
D. Hannaway Pompano Beach, Fla. Rio Del Rey. Shores
Fred W. & Rose F. 718 S. E. 7th St. Lot 3, ~lk 4
Mathers Delray Beach, Fla. Rio Del Hey Shore~~ ~ 4
Gibson L. Morris 2569 Old Mill Rd. Lots 4 & 10, Blk 4
Hudson, Ohio Rio Del Ray Shores
Emely Al~on 2ol Boston Blvd. Lots 8 & 9, Blk 11
Sea Girt, N.J. Osceola Park 4
~. R. & Margaret [~3 Second Ave. Lots 10 thru 14,
E. Bourne New York 10, N..Y. Blk 11, Osceola Park
Oscar B. Sabln Box 93 Lots 15 & 16, Blk 11
Tavernier, Fla. Osceola Park
Edmund M. Delavoe 1550 N. W. 65th St. ~.~acant part of S50'
& Luella A. ~iami, Fla. of W135' of Blk 24
~hlttingham (10) 3 & 4
Roy & Olga Lee Rt. 2, Box 240 Lots 43 thru 46
Lake Worth, Fla. Sunset Park
Fred McDuffie 6021S.E, 3rd Ave. Lots 52 & 53
Delray Beach, Fla. Sunset Park
Richard L. Jr., & 16 N. W. 6th Ave. N50' of SIO0' of
Victoria Cleckley Delray Beach, Flao 1~35' of Blk 33 (13)
0WNW_~R kDDRESS LOT,BLOOK & S/D CODE
Estelle SteDhens 3~ N.I,,. ~th Ave. Lot 3, Blk 3~ ~
Singleton Delray Beach, Fla.
Anthony Holliday 515 N.W. 2nd St. Lot 9,Blk 34 4
Delray Beach, Fla.
L. B. &Vera L. Rt. 2, Box 478 Lots 13 thru 20 &
Cuoos, & Lake Worth, Fla. 41 thru 46,
Edwin Brunet Delray Manor 4
Lossie Rhoden 6 So. Swinton Ave. Lot 61, Delray
Delray Beach, Fla. Manor 4
Thcs. S. & Betty G. P. O. Box 302 Lot 62, Delra~
Hatcher Delray Beach, Fla. Manor 4
Lester B. ~ Vera Box 478, Rt. 2 Lots 63, 64, & 65
Lee Cuops Lake Worth, Fla. Delray ~anor 4
Wm. Bends & 138 S.E. 3rd Ave. Lot 69, Delray
Harry Perotti Boynton Beach, Fi$.. Manor 4
Bruno Mastrolanni 138 S.E. 3rd Ave. Lots 70 & 71
& Harry Perotti ?oynton Beach, Fla. Delray Manor 4
Tom R. & Andrews, Lot 72, Delray
Ardith Hay North Carolina Manor 4
Annie Martin 330 N.W. 4th Ave. Lot 13, Blk 25 3 & 4
Delray Beach, Fla.
Gwendolyn Taylor 122 S.W. 4th Ave. Lot 14, Blk 25 3 & 4
Delray Beach, Fla.
City of Delray Delr~y Beach, ?la. Alley in Blk 25 3 & ~
Beach
Martin Bauer Box 9~ Lot 27, Blk 5,
Delray Beach, Fla. Dell Park 4
~O~. ~nsfield 429 N. W. 1st St. N30' of E85.6' of
$~t~e, % Delray Beach, Fla. Lot 8, S~ of Blk 27 3 &
A~ie Mansfield
City of Delray City Hall 16' alley of Blk 27 3 &
Beach Delray Beach, Fla.
Alex Simon P.O. Box 35 Lots I & 2, Blk 33 4
Delray Beach, Fla.
Oletha Jones P.O. Box 1571 S50' of N300' of W135'
Delray Beach, Fla. of Lot 6, Blk 33 4
Althamese Smith Box 1571 S50' of N350' of
Delray Beach, Fla. W135'~of Blk 33 (7) 4
Jay P. & Kathleen 1206 N.E. 3rd Ave. NBO' of W135' of
Calloway Delray Beach, Fla. Blk 33 (10) ~
George V. Smith 157-14 Apt. 12G NBO' of S150' of
Harlem River Dfc W135' of Blk 33 (12) 4
New York 39, N. Y.
~illiam J.B. 2325 N.E. 28th St. Lots 34, 35, & 36, &
Pedrick Pomoano Beach, Fla. S45' of Lot 33, Blk 5
Seagate Ext. 4
~a$. R. Risdon, 233 Ridge Road WB0' of Lot~39 $~E25'
nlor Grosse Pointe Marms of L~t 40' Blk 5
Michigan Seagate Ext. 4
Mary L. Plym Kawneer Co. W75' of Lot 40, Blk 5
% Lawrence J. Plym Niles, Mich. Seagate Ext. 4
0!~ER ADDRESS LOT, BLOCK & S/D CODE
Harry M.'& Evelyn Rt, 2, The Great Rd. Lots ~/~ & 45, Blk 5
H. Bitner Princeton, N.J. Seagate Ext. 4
East Atl. Corp. 17.S.E. 6th Ave. Lot 2 less $5' &
Florence Sheldon DelraY Beach, Fla. Lot 28 less NlO',
% Chas. Byron Seabreeze Park 4
A. Simon Eassa P.O. Box 35 $25' of Lot 6,
Delray Beach, Fla. S} of Blk 27 (6B) 3
Leroy & Yvonne "P.O. Box 1565 Lot 3, N~ of Blk
Bain Delray Beach, Fla. 27 3 & 4
Edward R. & 2302 94th St. Lots 1 & 2, Blk 71 4
Linda Parker -East Elmhurst, N.Y.
Sadie M. Sundy Box 27 Lots 3 & 4, Blk 71
Delray Beach, Fla.
John T. &
Margaret Carroll 315 S.E. 5th Ave. Lot 1.7, Blk 103
Delray Beach, Fla.
Submitted to the City Council by the City Manager this
23rd day of October, 1961.
-4-
Delrny Beaeh, Flerida
October 23, 1961
Yhe City Council of the City of Delrey Beach, Palm
Beeeh County, Florida, net in. regular session at the regular
meeting place of the 0ity Council in the City Ball in the City
of Delray Beach at eight (8:00) o'oleek P. M. on 0~tober 23,
1961, with Mayor ~eorge V. Warren and the following members
~here were absent:
AB O. AT311~X ,
There were also prelent R. D. ~forthing, City Clerk,
and Acting City Manager, and ~ohn Ross Adams, City Attorney.
After idle .l!etiz~ had been duly called to order by
the Mayor and the minutes of the preceding meeting had bsoa
approved, the following resolution vas introduced in ~ritten
form by the Acting City Manager, vas read in f~ll and die-
oaemed, after which pareaant to motion made by
... and leoonded b~ Oou~o. ilmaa
the resolution vas adopted by the following vote:
Nay: None
The resolution was thereupon sigued by the Mayor,
aPP~ved by the City Clerk and declared to be in effeet. ~ne
re~olution is as follovm:
RE,OLD, ION NO. 1355
A RE~O~ION I~IXIN~ AN I~ITIAL S0~ O~
~ ~ C~~ ~R ~~Y ~ S~-
~C~ ~ BE ~D~ BY ~ S~~Y S~
P~ ~ S~ 0F T~ O~ 0F D~Y
B~H, ~ ~~G ~R A ~G ~.
~, the City of ~l~y ~aob p~sea ~o adop~
a Resolutiom au~ho~zi~ the is~ee of ~he s~r ~ue
· e~ifi~ates of sai~ oi~y fer ~he ~~e of e~em~i~ ~
~p~vi~ the existi~ s~it~ s~r facilities of the
~d p~ses to imoo~te in ~id Resolution p~visi~ for
the ~i~ of ae~oe e~ea for ~1 p~~iea ~e~
~tb the oity '~ita~ ae~r system ~ ~o ~~e the~
initial sobe~le of rates, fees ~ ~ha~es to ~ aa~e for
use of ~d se~oes svpplied by said facilities; ~
~, ~der the p~visio~ of O~p~er 1~, ~leri~a
.S~a~tes ~otate~, befo~ ~ob Resolutiom ~y be fi~lly
a~op~e~ a heari~ ~s~ be ~!d on sai~ schedule;
NOW, T~~, ~ I~ Resolved By t~ City ~oil
of the City of ~l~y ~aob, ~ ~aob ~ty, Flori~,
fo 1 Iowa:
Seotioa 1. ~ the i~tial s~be~ule of ~es, fe~
~d other o~es to ~ im~sed for the se~ce ~
to be supplie~ by the ~ioi~l s~it~ se~e eollectiom
~d dis~sal sys~ of the Oi~y of ~y ~ach, wbiob
schedule s~ll bec~e effective a~ ~ t~e w~a the system
coas~o~ed ~d oe~ifie~ for use by ~he com~ltiM ~inee~,
~t w~cb s~ll be ~bjeot ~o suob ~sion f~a ~ime to
tbe~af~er as ~y ~ neoesaa~ ~o ~a~ out ~ ~imen~a of
the ~solu~ion w~b will be a~opte~ for ~he ~t~ri~ien of
~~e ee~ifioatea to ~y ~ oost of the ae~isitioa
A moat~y ~i~a~ s~e se~i~ o~e ia be~
-2-
t'
first ~ fixtures or less contained therein
$2.?5, for the next $ fixtures contained
therein $.25 par fixture and for all fixtures
contained therein' over 12, $.15 per fixture.
OODmERClAL A~D NON-
A monthly sanitary aeuqe service charge is hereby
imposed upon each oommaroial and non-residential nit (all
buildings or structures serving more than a single family to
be considered a commercial unit) to which sanitary sewage
service is available through the facilities afforded by the
municipally owned sewage system, according to the following
schedule:
For the first 2 fixtures contained therein,
$2J75, for the next $ fixtures contained therein,
$. 50 par fixture end for all fixtures o~tained
therein over 10, $.25 par fixture.
Yor the purposes of the foregoing schedule each
plumbing fixture or drain that is connected to a sever,
including, but not limited to, a toilet, wash basin, or
lavatory, bath, floor drain, laundry tub, kitchen sink, slop
baain or Rah sink, uushing machine, equilBaut or device if
so constructed as to discharge its water contest into aery of
the foi~qoing or direetly into a sewer, shall be refaz41d a~
a 'fixture. u
Penalties shell be imposed for fail=rs to connect
with any available sewer as will be provided in the aferssaid
rssolution.
Section 2. That a hearing on the above preaeribed
schedule of rates and cherfen shall be held at the regular
sooting place of the City Council in the 0ity Hall in Dolray
Beach at 8:00 o'eloek P. M. Jloveaber $, 1951, and that tho
City Clerk is hersby dirseted to have published ese tiao in
the Dalrsy Beach Nows-~e~mal, a newspaper pebliehed nd
having general cire~lation in the City of Delray Beeeh, at
least ten days prior to tho aforssaid date, a notice ia tho
following fort:
~ to all interssted prssent and
future users of sewer seryioe
in the City of Dolray Beaeh
NOTIcE is hersby given to all present and prospee-
tire users of the sever system of the City of Dolrty
Beach, all outorJ, tenuts or ooenpeats ef propex-ty
te be served thereby, aud all others iateruted,
thet the following rseelation was adapted by the
0ity Coueil on 0etobor 23, 1%1, aaa theta
lmblie heeri~ ca the sehedalo ef rates, fees and
oherfes thoreia eot forth will be held at 8:00
o'clock P. !(. ca Jovember &, 1~1, at the ~
Booting piaee of the city 0eueil ia tho City Hall
ia Delr~y hah, at which tine and place a~y ia-
terested porsol8 Will be hoard .eoaeeraiq such
rates, foes end ohal~ee:
(HObo iaoert roaOlutiem)
Given by order of the City Co~uoil tkie 2~rd
day of 0otober, 1%1.
Seetion 3. That this reaolutien ahall take i~ediate
effect.
Adopted and approved 0etcher 2~, 1%1.
Attest:
· ~tppreved by aa as to fora, language eul ezee~ttea
this 2~rd ~T of October,
fCity lttemey
(Other ~asiaels mat pertinent to the above appeal1
in the ainatel of the aaeti~g:)
Peri,at to motion duly made and ~azll~l,. the City
Couaoil edjo~raed.
Ittost:
I~ESOLUTION NO. 13~.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES
UPON CERTAIN LANDS LOCATED WITHIN SAID CITY: SETTING
OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT
OF ~AID NUI~ANOE~, AND DEOLARING SAID LEVY TO BE A LIEN
UPON ~AID PROPERTY IN AN AMOUNT AS SHOWN BY. REPORT OF
THE CITY MANAGER OF DELRAY BEACH, FLORIDA.
WHEREAS, the City Council of the City of Delray Beach, did., in
regula.r and/~ session held on the ..19t~' da.y. 9f .j.u. ly, _1961_
declare the existence of a nui-
sance up°~--~-erta'~ lots-or 'parCels ~f land, described in a list sub-
mitted to them, for violation of the provisions of O~inance
WHEREAS, pursuant to such declamation, the City Clerk of said
City did furnish each of the respective owners of the lands described
in said list with a notice describing the nature of the nuisance and
that they must abate said nuisance within thirty i(30) 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 named did fail and neglect to
abate the nuisance existing upon their respective lands within the
time prescribed in said notice and Ordinance G-147, 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 described
in'the aforesaid list; and
WHEREAS, the City Manager of the City of Delray Beach, has, pur-
suant to said Ordinance G-147 and the City Cha~ter submitted to the
City Council a report of the costs incurred in abating the nuisance
as aforesaid, said report indicating the costs per parcel of land
involved,
NOW, THEREFORE, HE IT RE~OLVED BY THE CITY COUNCIL OF THE CITY
OF DELBAY BEACH, FLORIDA, AS FOLLOW~:
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 par-
eels of land described in said report, a copy of which is attached
hereto and made a pa~t hereof, sma levied against the l~z~cels of land
described on said report and in the amounts indicated %he, eon. Said
assessments so levied shall be a lien upon the respective
lots and parcels of lan~ 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
a~.e collectible.
2. That the City Clerk of said City shall, as soon as possible
after the effective date, record a certified copy of this resolution
in the office of the C '1ark of the Circuit Cou~t 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 ~ ~lQth day o_f__July, 1961
order the abatement of a certain nuisance existlh'g o~" thei~ desc~-lbed
property and property owne~ having failed to abate such nuisance,
within the 30 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. This mesolution shall become effective 30 days from the
date of adoption, and the assessments contained herein shall become
due and payable thirty days after the mailing date of the notice of
said assessment, after which interest shall accrue at the rate of 6%
per annum on any unpaid portion thereof.
PASSED AND ADOPTED in .regular session on the 23rd._ day of
October ..... , A'D. 19' 61.
S ~.2' of Lot 3, all of L~ot ~. & Graham & Har~ H. G~a~e~ $ 10.1~
N ~.~ of Lot ~ less ~5~ ~, '
Block
Lot 26, Block
Lots 38 ~u ~3, A. Hofman
Hof~ Addition (~tr~co, I~. ~ssee) ~.~3
Lots ~-t~u ~9, A. Hof~n, Wm. A. Hof~
Hogan ~ddition a Ol~a A, S~rson ~.73
Lots 1 · 2, Bl~k 61 '~a O. · H. A. Hubb~d
~ray 10.15
Lot 8, Block 69 ~uis S. ~izzol~a 5.58
S ~, of Lot ~ a N 36.~ of ~t ~on~d L. Surles · George
6 less W 5' ~, Block 117 E. · Ch~lotte K. MoC~ 15.15
West part of ~ts 17 · 1~, Florida Coastal Theatres,
Block 117
BUILDINGS OVER, ALO~ OR ACROSS HIGHWAYS,
STrEeTS AND Aumrs ZN TH . CIT OF DEUmY
BEACH, FLORIDA1 PROVIDIN~ FOR PROTECTION
SUCH OP ATIO r
BUILDIN~ INSPECTOR TO ISSUE PERMITS~ mO-
P ALTI S FOR VIO ATZO OF XTS PRO-
VISION~.
BE IT ORDAINED BY ~HE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA:
SECTION 1. e R~.~~.~B%~. No person, firm or cor-
poration of any kind sh&11- move any building over, along or
across any highway, street or alley in the City of Delray Beach,
without first obtaining a permit from the Building Inspector.
No building shall be moved within the City except by a duly li-
censed House Mover.
SECTION 2. ~~%.~. A person seeking issuance
of a permit hereunder snalA rxAe an application for such permit
with the Building Inspector of the City of Delray Beach.
(a) Fvgr~. The application shall be made in writing,
upon forms prowaea by the Buildin9 Inspector, and shall be
filed in the office of the Building Inspector.
(b) o~. The application shall set forth:
(1) A description of the building proposed to be
moved, giving street number, ~onstruction ma-
terials, dimensions, number of rooms and
dition of exterior and interior;
(2) A full legal description of the lot from which
the building is to he moved l
(3) A full legal description of the lot to which
it is proposed such building be removed, if
located with the City~
(4) The portion of the lot to be occupied by the
building when movedl
($) The highways, streets and alleys over, along
or across which the building is proposed to
be moved;
(6) Proposed moving date and hours;
(7). A~ny additional information which the Building
Inspector shall find necessary to a fair de-
termination of whether a permit should issue.
(c) A c n in P ers. The applicant shall submit
written evidence of-hiS--oWn~-sht-p of thebu3~lding; or if the ap-
plicant is other than the own. er, written evidence of his right
and authority that he is entitled to move the building.
(d) Eec. The application shall be accompanied by a
fee in the amount of $25.00, which fee shall be non-refundable.
(e) i rovi A enc e . The application must have the
written approval of the proposed moving endorsed thereon of the
Florida Power and Light Company, the Southern Bell Telephone and
Telegraph Company, the Police Department of the City of Delray
Beach, any railroad where applicable, and of any other public
utility holding a franchise in the City which may be damaged by
such moving. Said approval must Be secured prior to the actual
moving of the structure over, along or across an~ highway,
street, alley or other rights of way within the ity of Delray
Beach.
S~CTION $. ~. An application hereunder
shall be accompanied by a oas eposit in the sum of ~$,000.00,
'as an indemnity for any damag~ which the City may sustain by rea-
son of damage or injury to any highway, street or alley, sidewalk,
fire-hydrant, or other property of the City, which may be caused
by or be incidental to the removal of any building over, along
or across any highway, street, alley or other rights of way
within the City of Delray Beach, and to indemnify the City against
any claims of damages to persons or private property, and to sat-
isfy any claims by private individuals a..rising out of, caused by
or incidental to the moving of any building over, along, or across
any street in the City.
(a) _Bond in Lieu of Deposit. Any person filing an ap-
plication hereunder' may, in lieu-of the general cash deposit re-
quired above, file with the Building Inspector a bond, approved
as to form by the City }lanag.er, executed by a bonding or surety
cos~pany authorized to do business in the State of Florida in the
amount of ~.$,000.00, conditioned upon the assurance that this and
other applicable ordinances and laws will be complied with. Such
bond shall run to the City for the use and benefit of any person
or persons intended to be protected thereby and shall be condi-
tioned on the payment of any damage to public or.private property
and the payment for any damages or losses resultxng from any mal-
feasance, misfeasance, or nonfeasance or negligence in connection
With any of the activities or conditions upon which the permit
applied for is granted.
(b) . sur ce Poli ' ieu of D sit. Any person
filin~ an appll~e general cash
deposit required above, f.ile with t e Building Inspector a lia-
bility insurance policy, issued by an ins. urance company author-
ized to do business in the State of Florida, and approved as to
form by the City I, lanager, in the same amount and providing the
same protection as would be required for a bond hereunder.
SECTION 4. ~ties_O_.~. ~ild!na .~nsDector.
(a) ~: The Building Inspector shall.inspect
the building and ~he-appllcant's equipment (or that of his mover)
to determine whether the standards for issuance of a permit are met.
(b) ~.tanclards of_. Issu~..n~.e The t~uilding Inspector shall
refuse to issue a peXmit if he
(1) That any application requirement or any fee or
deposit requirement has not been complied with~
(2) That the building is too large to move without
endangering persons or ~roperty in the City~
(3) That the building is in such a state of deteriora-
tion or disrepair or is otherwise so structurally
unsafe that it could not be moved without endanger-
ing persons and property in the City;
(4) That the building is structurally unsafe or .un, it
for the purpose for which moved, if the removal
location is in the City~
(5) Thai the applicant's e~uipment is unsafe, an.d that
persons and property would be endangered by Its use~
(6) That the zoning, building, electrical, plumbing,
minimum housing standards, and other applicab.le
ordinances would be violated by the building in its
new location;
(7) That for any other proper reason persons or proper-
ty in the City would be endangered by the moving
of the building.
SECTION
(a) .DeDg~it. The Building Inspector s.ha.ll deposit all
fees and depositS,-and all bonds or insurance polxcmes with the
City Clerk and/or City Treasurer.
(b) Return.upon NoD.-i~s.suan.ce. Upon his refusal to is-
sue a pemit the Building Inspector shall return to the applicant
all deposits, bonds and insurance policies. Permit fees filed with
the application shall not he returned.
(c) After the building has been removed, the Building
Inspector shall furnish the City },~nager with a written statement
of all expenses incurred in connection therewith together with a
statement of all damage caused to or inflicted upon City property.
The City Manager shall authorize the Building Inspector to return
to the applicant all deposits after the City Treasurer deducts
the sum sufficient to pay for all of the costs and expenses and
for all damage done to property of the City by reason of the re-
moval of the building. Permit fees deposited with the application
shall not be returned,
SECTION 6. Duties of ?ermittee. Every permittee under
this ordinance shall:
(a) Move a building only over streets designated for
such use hy the Police Department of the City.
(h) Notify the Building Inspector in writing of a de-
sired change in moving date and hours as proposed in the application.
(c) Notify the Building Inspector in writing of any and
all damage done to property belonging to the City within 9.4 hours
after the damage or injury has occurred.
(d) Comply with the Building Code, the fire zones or
district regulations, the zoning ordinance, minimum housing stand-
ards, and all other applicable ordinances and laws.
(e) Pay the expenses incurred hy the City, including
the expense of a traffic officer ordered to accompany the movement
of the building to protect the public from injury, if deemed neces-
sary.
(f} Remove all rubbish and materials and fill all exca-
vations to existing 9Tade at the original building site so that the
premises are left in a safe and sanitary condition.
(g) See that all utilities servicing the vacated premises
are terminated.
SECTION 7, Enforcemen. t. The Building Inspector and the
Police Department shall enforce and carry out the requirements of
this ordinance.
SECTION 8. Penalties. Any person, firm or corporation
violating any of the provisions of this ordinance shall he deemed
guilty of a misdemeanor and upon conviction shall be punished as
provided in Section 1-6 of the Code of Ordinances of the City of
Delray Beach, Florida.
SECTION 9. Severa..bilitv. If any section, subsection,
sentence, cia. use, phrase ~r ~-io-~ of this ordinance is for any
reason held invalid, such portion shall he deemed a separate,
distinct and independent provision, and such holding shall not
affect the validity of the remaining portions hereof.
.SECTIO..N.I.O, .~, AI~ o. rdinan, c.e.s;and ~rts of
dinances ~n conrA~c= w~n'-'~n-e provisions or ~nxs oraxnance are
hereby repealed.
P~SSED AND ADOPTED in regular session on second and
final reading this ~dday of .... __Octo~.~r ...... , 1961.
ATTEST:
1st Reading __ Oct0be?. ~, 1961._.
2nd Reading October 23, 1961