11-20-61SpMtg NOVEMBER 20, 1961.
A special meeting of the City Council of Delta2 Beach was held
in the Council Chambers at 8:00 P.M., with Mayor George V. Warren in
the Chair, City Manager Louis J. Smitzes, City Attorney John Ross
Adams and Councilmen A1 C. Avery, Dugal G. Campbell, Glenn B. Sundy
and John A. Thayer being present~
1. An opening prayer was delivered by Councilman A1 C. Avery.
2. On motion by Mr. Thayer and seconded by Mr. Avery, the minutes
of the November 13th Council Meeting were unanimously approved.
3. Mr. Wm. Pfundston requested that he and others be permitted to
look over the building plans for construction on Lot 67, Herman Ad-
dition, which plans were presented to them for examination.
4. Mayor Warren read the following minutes of November 16th
Beautification Committee Meeting.
1. "Mr. Santo reported that power was being placed in the
entrance islands for sprinkler control and lighting of
the sign.
2. "A motion was made by Mr. Galinat, seconded by Mrs. Evaul,
that the county be asked to remove the stones and debris
in the area south of the Tenth Street boat landing and to
build up a small sand beach area. Motion passed unanimously.
3. "A motion was made by Mr. Santo, seconded by Mrs. Little,
to request the city to go ahead with landscaping of a one
block area on the south beach as previously discussed.
Motion passed unanimously."
Concerning Item 2, Mr. Campbell moved to accept the recommend-
ation of the Committee and that the City Manager be asked to contact
the County in an attempt to bring about what is requested here from
the County, the motion being seconded by Mm. Thayer and unanimously
carried.
6.a. In compliance with charter requirements in appointment of Clerks
and Inspectors for the General Election to be held on December 5th the
following action was taken.
On motion by Mr. Campbell, seconded by ~. Thayer and unani-
mously carried, the following Clerks and Inspectors were appointed:
Clerks C.C. Turner
Do~otha Bauer
Inspectors Florence Cramp Effie Hughson
Ma~y B. Walker Beanie Phillips
Mary L. Walker Edward Conyer
L. L. Youngblood Gertrude Greene
6.b. City Manager Smitzes informed the Council that bids had been
solicited for six new partol ears from four local car agencies and
the following bids were received, and that it is recommended that
the award of purchase be made to the Iow qualified bidder.
Adams Chevrolet Company $11,986 O0
Earl Wallace Ford,' Inc. $12,571~1~
It was moved by Mm. Avery that the award be made to the low
bidder as recommended by the City Manager, subject to the bids meet-
ing the specifications and same being checked and verified, the
motion being seconded by ~i~. Sundy. Mayor Warren questioned why one
car dealer over the past five years had been able to submit the low
bids on cars and trucks for city use, and questioned whether the
specifications had been met. The specifications for these six cars
were reviewed and Mr. Campbell asked if the bids received showed any
11-20-61
NOVE~BER 20, 1961.
variance from the specifications. Following lengthy discussion and
upon call of roll, Mr. Avery, Mr. 0amDbell, Mr. Sundy and Mr. Thayer
voted in favor of the motion, Mayor Warren being opposed.
It was brought to the attention of the Council that a truck
recently purchased did not meet the specifications and Mr. Campbell
moved that the City Manager be instructed to present at the next
regular meeting a full report on the truck referred to as being
delivered short of specifications, and if any items are found short
a report as to why they were accepted that way and a full report as
to who was responsible, and that inspections of future equipment pur-
chases be made. The motion was seconded by Mr. Avery and carried
unanimous ly.
6.0. City Manager Smitzes lnfor~ued the Council that bids had been
solicited for two new pick-up trucks f~.om four local ear agencies
and the following bids were received, also that it is recommended
that award of purchase be made to the low qualified bidder on each
truck.
O~e_ 1/2 Ton Adams Chevrolet Company $1,97~.0%
.... Earl Wallace Ford, Inc. $1,991.32
0~ne_.3/k Ton Adams Chevrolet Company $2,198.99
' Earl Wallace Ford, Inc. $2'230.07
In view of the fact that there is some question on truck speci-
fications, Mr. Avery moved that this item be tabled with direction to
the City Manager that he ascertain the fact that the trucks delivered
are going to meet the specifications ~d with the same instructions
as preceded in the other discussion. Following discussion M~. Avery
withdrew his motion and Mr. Campbell moved to follow the recommend-
ations and that the purchase of ~he one 1/2 ton truck and the one
3/~ ton truck be awarded to the low bidder, subject to them meeting
specifications. The motion was seconded by Mr. Aver2 and carried
unanimous ly.
Following a question as to whether the bids on equipment in-
cluded trade-ins, City Manager Smitzes informed the Council that the
preceding bids did not include trade-ins as it had been determined
that the City is at a greater advantage to have a public auction on
the cars that would have been traded in.
Mr, Campbell asked if the cars being replaced by the new cars
would be continued in service to which the City Manager replied that
they would not and that six cars in the City Administration that
would be of least value to the city would be offered at public auction,
and as to the two trucks, City Engineer Fleming informed the Council
that they were not replacements but being purchased to provide trans-
portation for the new Superintendent of Parks and an additional Parks
Department man who has been authorized.
6.d. City Manager Smitzes presented the following letter from Himes
and Himes regarding payment for audit, dated November 7th, also the
following memorandum from Carl J. Gessler, Director of Finance dated
Nov ember 16 th.
t!This will summarize and confirm our discussion on November
3, 1961 regarding the estimated audit fees. Based on time
computations, as set forth in Article 7 of the Audit Agree-
ment dated October 9, 1961, our fee for auditing the fiscal
year ended September 30, 1961, to date, has reached $3,770.90.'
We estimate that by the time of completion of the audit our
fee would be approximately $5,000.00 to $5,500.00. As this
was our first year, we feel that part of this amount was non-
recurring time. We therefore estimate that a fee, fair to
both the city and ourselves, should be $4,000.00 subject to
Article 3 of the Audit Agreement. We also estimate that the
fee for the fiscal yea~ ending September 30, 1962 should be
$~,000.00, subject to Article 3 of the Audit Agreement."
NOVEI'*~ER 20, 1961.
"Subject: AUDIT PAYMENT REQUEST
This memorandum is ~n ~esponse to the letter from Pikes
& H~mes conce~ns t~ est~ted cost to co~lete the
"~s. ~ov w~ll ~eoall o~ 1~0-61 budset ~uded ~ f~e
of ~,000.00 ffo~ aud~t~ e~e~e. In aooo~d~ce ~th
the ~equest of H~mes & H~s ~ additional $1,000.00
be needed. ~s th~s e~ense ~s to be chased to the 1~60-61
~app~opr~ated Su~lus.
"Iff t~s ~,000.00 ~s approved fo~ the 1961-62 f~soal ~e~
th~s should also be applied b~ oo~c~l f~om ~e Reserve
ffo~ C ont~geno~.
u[ m~ght also po~t out that ~t ~as ~t~o~pated that the
chugs ~n audit,s would necessitate some additional e~ense."
C~t~ Manaser S~tzes ~ec~ended t~t.~ $4,000.00 f~e be
~ved et as ~ equitable ch~e flop the 1~8041 Audit ~d that
s~nce only ~,000.00 ~as appropriated t~t ~ additional ~1,000.00 be
appropriated f~om ~app~op~ia~ed surplus, ~t be~ so moved b~ ~.
Avery, seconded by ~. S~d~ ~d ~a~usl~ c~ed.
6.e. Conce~n~ the appo~nt off ~. Wa~d M. Robinson to serve
Bus,ness Co~sel fo~ the Cit~ of ~a~ Beach for a pe~od off two
Fears, b~ Resolution No. 1~8~ passed on ~tober ~, 1960, C~
M~ager Smitzes ~esented a lette~ of ~es~gnation ff~om ~. ~obinSon.
~. Ave~ moved to aooept the ~es~gn~t~on ~th ~e~et but to ask
Robinson to remain as Bus,ess Co~sel ~til ~e end off t~s calen-
der ~ea~, ~e motion berg seconded b~ ~. C~bell ~d
c arried.
6.ff. Concer~n~ a p~oposal ff~om ~e & Jenson, Consulti~ Enginee~s,
Inc., pertaini~ to beech e~os~on, ~. C~bell moved ~at this
lette~ be ac~owledged ~d ~e matte~ be tabled ~o~ f~ther study
~'ather than to ~ke a contract at this ti~. ~e motion was seconded
~ ~. Avery ~d unanimously c~ied.
6.g. (supplemental) Cl~ M~e~ Smitzes requested per~ssion to
attend portions of the International City ~a~ers~ Association 47th
A~ual Coherence to be held at ~ Beach, Florida on Novembe~ 25th
t~u 30~. It was moved by ~. Su~y that the ~equest be ~ranted
~at ~e necessary e~enses be char~ed to the accost established
this purpose, also to approve the trip of ~ny co~ci~en ~o can
tend. ~e motion was seco~ed by ~. ~aye~ and c~ied unan~ousl~.
6.h. (supplemental) Concern~ ~he ~equest o~ the Zoning Bo~d to
attend ~e llth 2~ual Co~e~ence at T~a, Florida on Dec~e~ 6th
t~u 9~, City ~a~er S~tzes ~epo~ted that ~t had been customary,
in the pas~ for the Co~c~l to a~ct~on attend~ce of the Pla~in~
Zoning Bo~d ~embers as well as CO~ci~en, at c~ty e~ense, to
tend this coherence. It was move~ by ~. ~ve~ ~d seconded b~
Sundy that members of the Pl~n~Zon~ Board ~d Council be per-
~tted to attend this coherence at c~ e~ense. Following co~ents
the motion ~ second were w~thdra~ and ~. C~bell then ~ved that
the City ~a~e~ be instructed to contact ~e Plying Board, ~iving
them the message f~om the Co~c~l, that we a~e ~lad to ~ow that some
of them w~t to attend, ask th~ how ~ w~t to attend ~d give the
Co~cil a report as to the cost ~n or, er that it ~y be acted upon
next ~eek, also that ~t be dete~mi~d h~ many e~ the Co~cil want
attend. ~e motion was seconded b~ ~. C~bell ~d carried unani-
~O~ ~y.
7.e, Ci~ ~a~er Sm~tzes presented the ffollow~ lette~ from the
To~ of Ocean Ridge a~ ~en ~ead ~eaolution No. 1362.
'~e respectfull~ request yo~ coope~ation ~n passi~ a
supporting ~esolut~on ~equest~ng a b~e ove~ the Intra-
coastal ~ate~ay at S. E. 23~ ~venue (between De~a~ Beach
~d Ocean ~ge) and ~o~din~ cop~es of such resolution
to the prier State, County ~d Federal Author~ties."
-3- 11-20-61
NOVEI'~ER 20, 1961.
HESOL~ION NO. 1362.
~HEREAS, the Cour~ilmen of the City of Delray Beach ape
greatly concerned over the inadequacy of the present bridge on
State Road # 804 over the Intra-coastal Waterway because it is
the only road for convenient access to the City of Boynton Beach;
WHEREAS, it is often inoperative, and residents of the Town
of Ocean Ridge have to travel from 9 to 10 miles out of theLr way
to use either the bridge at Lantana or the 8th Street bridge at
Delray Beach to get to Boynton Beach and back; and
W/~EREAS, du~ing the anticipated widening of State Road #804
(work to start on or about April 1962), there is a possibility of
the present bridge on State Road #804 being out of operation for
as long as one year; and
WHEREAS, the Councilmen of the City of Delray Beach feel it
essential that an additional bridge over the Intra-coastal Waterway
be constructed;
NOW THEREFORE, BE IT RE~OL~, that the City of Delray Beach
memorialize the proper state, county and federal authorities to the
effect that serious consideration be given their request for a bridge
over the Intra-coastal Waterway at S. E. 23rd Avenue (between Ocean
Ridge and Delray Beach) and that the interested neighboring munici-
palities be notified to this effect and that they be asked to cooper-
ate in this project by adopting supporting resolutions and forwarding
them to the same agencies.
PASSED AND ADOPTED this 20th day of November, A.D., 1961.
Mr. Avery moved to adopt Resolution No. 1362 with the addition
that a letter be sent to the Town of Ocean Ridge expressing the
Council,s enthusiastic endorsement of this and soliciting any other
service that the Council can perform in helping to procure this. The
motion was seconded by Mr. Thayer and carried unanimously.
7.b. The-City Manager presented a request from the Exchange Club of
Delray Beach that the city turn over to them twelve bicycles which
have been impounded by the Police Department for over six months that
these bicycles may be repaired and repainted and distributed for
Christmas. It was moved by Mr. Sundy, seconded by Mr. ~very and
unanimously carried that said request be granted.
7.c. Because Chmistmas Eve and New Years Eve this yeam fall on a
Sunday and the city ordinance requires bars and package stores to be
closed by midnight, the Liquor Bar Association has requested that the
hours of these two days be extended to three o~clock in the morning
to allow the Delray Beach establishments to more equally compete with
Boca Raton and Boynton Beach which stay Open to 4 and 5 A.M. respec-.
tively. It was moved by M~. Aver~, seconded by Mr. Thayer and unani-
mously carried to grant said request.
City Clerk Worthing then read Emergency ORDINANCE NO. G-422.
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY 0F DELRAY BEACH, FLORIDA, AMENDING
ORDINANCE G-125, CODIFIED AS SEC. 4-~'4 CODE OF
ORDINANCES, DELRAY BEACH, FLORIDA, PERTAINING
TO THE HOURS OF SELLING, SERVING, CONSUMING,
DELIVERING, OR PERMITTING TO BE SOLD, SERVED,
CONSUMED OR DELIVERED ANY ALCOHOLIC BEVERAGE
CONTAINING OVER 1% OF ALCOHOL BY WEIGHT, IN
THE CITY 0F DE~RA¥ BEACH, FLORIDA, DURING THE
EARLY MORNING HOURS OF DEOEMBER 25, 1961, AND
~ANUARY 1, 1962.
WHEREAS, this yeam, Christmas Eve and New Tears Eve both fall
on Sunday, and
NOVEMBER 20, 1961.
WHEREAS, Ordinance G-125 of the Code of Ordinances of Delray
Beach makes it unlawful for any person to sell~, serve, consume, or
deliver alcoholic beverages containing over 1% by weight between the
hours o£ 12:01 otclock A. M. and 7:00 otclock A. M. on Mondays, and
WHEREAS, the liquor bar owners of Delray Beach have requested
that the aforesaid hours be extended three hours on the mornings of
December 25, 1961 and January 1, 1962, and
~¢HEREAS, it has been brought to the attention of the City
Council that the hours of such regulation in Boca Raton and Boynton
Beach are normally ~:00 otclock A. M. and 5:00 o~clock A. M. respec-
tively, and
WHEREAS, the City Council deems it in the best interest of the
City to extend the hours of closing on these two occasions,
NOW, THERE~0RE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
0P DELRAY BEACH, FLORIDA, AS POLLO%~:
Sub-section 10 of Section 2 of Ordinance G-125 is hereby amend-
ed by adding Sub-section (c) to read as follows:
"(c) The closing hours in this section shall be 3:00 .-
o'clock A. M. on the mornings of December 2~, 1961, and
January 1, 1962."
This Ordinance shall apply only to the two occasions herein
mentioned and shall no longer have any force or effect after. January
1, 1962.
This Ordinance is effective the 20th day of November, 1961.
Emergency Ordinance No. G-422 was. unanimously adopted on motion
by Mr. Avery and seconded by }~r. Thayer.
8.a. On NOvember 6th the Council adopted Resolution 1357 determining
the need for installation of storm drains, catch basins and appurten-
ances in conjunction therein in the general area of N. E. 22nd Street
and Seacrest Boulevard, which resolution, identifying all properties
determined to be benefitted by such improvement, has been advertised '
in full in compliance with state and local laws and provides for a
public hearing to be held thereon at this time.
8.b. There being no objections to Resolution No. 1357, City Clerk
Worthing read RESOLUTION NO. 1361.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING TEE CITY MANAGER TO PROCEED
WITH THE CONSTR~TION OF STORM DRAINS FOR T~E AREA KNOWN
AS THE N. E. 22ND STREET AND SEACREST BOULEVARD DRAINAGE
PROJECT, TOGETHER WITH THE IA~TALLATION OF CATCH BASINS,
MAN-HOLES AND APPURTENANCES IN CONJUNCTION WITH SUCH STORM
DRA INS.
: WHEREAS, the City Council of the City of Delray Beach, Florida,
did, on'the 6th day of November, 1961, by Resolution No. 1357, deter-
mine to proceed with the construction of storm drains for the area
known as the N. E. 22nd Street and Seacrest Boulevard Drainage Project
together with installation of catch basins, man-holes and appurtenan-
ces in conjunction with such storm drains, and
WHEREAS, the Resolution providing therefor has been duly pub-
lished as required by the City Charter, together with a notice that
objections to said improvement would be heard, and
WHEREAS, no sufficient objections have been made to such pro-
posed improvement,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Delray Beach, Plorida, that the City Manager be and he is hereby
instructed to proceed with the construction of storm drains for the
area known.as the N. E. 22nd Street and Seacrest Boulevard Drainage
-5- 11-20-61
NOVEMBER 20, 1961.
Project together with the installation of catch basins, man-holes
and appurtenances in conjunction with such storm drains, according
to..'the plans and specifications heretofore filed in the office of
the City Manager and kept open for inspection of the public.
PASSED in regula~ session on this the 20th day of November,1961.
Resolution No. 1361 was unanimously passed on motion by Mr.
Avery and seconded by Mm. Campbell.
It was then moved by Mr. Avery to authorize the execution of a
Construction and Escrow Agreement prepared by the Palm' Beach County
Commissioners of Palm Beach County, Florida providing for the sharing
of the overall cost of this Drainage Project on an equal basis, with
the request to the County Commissioners that the wo~k proceed with ,,
the utmost expediency, also subject to the approval of the City
Attorney. The motion was seconded by Mr. Sundy and carried unani-
mous ly.
Mr. Avery requested the press to give proper publicity, to this
action so that the P.T.Aa at Plumosa, Delray Beach Junior High School
and Seacrest High School would know that the Council p~evided the
leadership for and removed all the barriers to eliminate the in-
tolerable condition of water in that area and to encourage the County
Commission to accomplish this work as quickly as possible.
8.c. There being no objections to the Assessment Rolls for the Open-
ing, Grading and Paving of that part of N. W. 6th Avenue lying be-
tween N. W. 3~d and 4th Streets; S. %;.' 1st Street lying between S.
%;. 3rd and 4th Avenues; N. %;. ?th Avenue lying between Atlantic
Avenue and N. W. 1st Street and S. %;. 7th Avenue lying between
Atlantic Avenue and S..%;. Pud Street, City Clerk %;orthing read
ORDINANCE NO. G-417.
AN ORDINANCE OF THE CITY .OF DELRAY BEACH,
FLORIDA LEV~NG THE ASSESSMENTS AS SHOWN BY ~.'.~ ~.
THE ASSESSMENT ROLLS SUBMITTED BY THE CITY
MANAGER OF SAID CITY, CONCERNING THE OPENING,
GRADING AND PAVING OF CERTAIN STREETS, SAID
ASSESSMENT. ROLI~ BEING ATTACHED HERETO AND
FORMING A PART HEREOF.
(copy of Ordinance No. G-417 and accompanying Assessment Rolls is
attached to and made a pa~t of the official copy of these minutes)
See Page 364A thru.364E
Ordinance No. G~- -'417 was unanimously adopted on second and final
reading on motion by Mr. Thayer and seconded by Mr. Avery.
8.d. There being no objections to the Assessment Roll for construc-
tion of a five foot sidewalk on the east side of N. E. 8th Avenue be-
tween N. E. 7th and 8th Streets, City Clerk %;orthing read
ORDINANCE NO. G-418.
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
LEVYING THE ASSESSME~NTS AS SHOWN BY THE ASSESSMENT
ROLL SUBMITTED BY THE CITY MANAGER UP SAID CITY,
FOR CONSTRUCTION OF A SIDEWALK FIVE (5) FEET IN
WIDTH ON THE EAST BIDE OF NORTHEAST EIGHTH AVENUE
BETWEEN NORTHEAST SEVENTH AND NORTHEAST. EIGHTH STREETS.
(copy of Ordinance No. G-418 and accompanying Assessment Roll is
attached to and made a part of the official copy of these minutes)
See Page~ 364F and 364G
Ordinance No. G-418 was unanimously adopted on second and final
reading on motion by Mr. Thayer and seconded by Pm. Sundy.
X. City Clerk Worthing read. ORDINANCE NO. G-421.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, REPEALING ORDINANCES.
NO. G-236, G-237 and G-238 OF THE CODE oF 0RDI'
NANCES OF THE CITY OF DELRAY BEACH, FLORIDA.
-6- 11-20-61
NOVEMBER 20, 1961.
Ordinance No. G-II~,i was unantmou.~ly plaoed on first readin6 on
motion by M~. Avery ~d seconded b~ ~.
9.a. (supplemental) City Manager Smitzes presented a report from the
Inl~d Wate~ay Widenin~ Co, tree, said c~ttee was appointed by
the Co~cil recently ~c ~mbers are Paul C. ~owles, Chai~, Gle~
3~dy, M~k Fle~ng, Paul Le~idge ~d ~uis Smitzes. It was suggest-
ed that said report be accepted.
lO.a. Cl~ ~ager S~tzes presented ~e following Bills fo~ Approval:
General F~d $ 63, 22~.98
~ater Fund - ~e~ating F~d 1, 97~. 10
On motion by ~. C~bell ~d seconded by ~. S~y the bills
were un~ously ordered paid.
X, ~. C~be~ called attention to an ad by ~. Walter Dietz that
appe~ed ~ one of the papers recently ~d took e~eption to a pa~t.
of the ad c~ce~ing e~ense, etc. velati~ to the 100~ Beach at
Ocean Ridge ~d oha~e~ed ~. Dietz~ go~ faith.
X. ~. C~pbell moved that the ~o f~ds now c~ied b2 the City,
one ~own as the Beach Disaster f~d ~d the second one coveri~ all
moneys now held bY t~ Ci~ fo~ ~rovement of the 100' Beach ~
0ce~ Ridge, be p~oed in a jOint fund, this f~d to be ~o~ as the
Beach Disaster ~d I~rovemen~ P~d, also ~at the City Manager be
instructed to put these moneys on deposit ~o the best adv~tage of
the oit2 in approved b~s or oth~ places, ~e motion was seconded
by ~. ~ayer. ~. Ave~ suggested that the accosts be left as they
are in orde~ that the new Co,oil ~y conside~ what they wan~ to do
with them. ~on call of roll, ~. C~bell, ~. Sundy ~d ~. Thayer
voted in favor of the motion ~d ~. Ave~ and ~2o~ U~en were
opposed.
3. After looking over the building plus, ~. Wm. Pf~dston, ~.
Owen Bancroft, ~. ~oseph G~ ~d ~s. Stephen Miller offered pro-
tests to the class~ication of construction on Lot 67, Hofman Addition
as to whether o~ not s~e c~rises a duplex or individual buildings.
~. Avery asked if the Council had the ass~ce of the City
Manager ~d t~ou~ h~ to all of his aspirants includi~ the Ci~y
Attorney ~d the Building I~pec~or t~t the Ci~ ~d required strict
adherence to ~he City codes and o~dlna~es and t~t said buildi~ pl~
co~lies with them, to w~ch the City Manager replied "Yes St~, 2ou
have that assurance."
The City M~ager e~lained w~ an architect,s seal was not on
the original building pe~ts but appe~ed on the final petit.
~. B~oroft asked that the Ci~y M~ager give the ass~oe that
there ave no violatio~ at t~s t~e, it being so moved ~ ~. Avery.
The City ~ager stated that ~ ~o~ had ~owledge of a violation
that the city officials a~e not acquainted with he hoped that they
would extend the city the co~tesy of notif2~ ~em, but to ~e City's
~owledge the~e are no violations at ~$ t~e.
~. C~bell asked to be sho~ im the Code of O~din~ees ~he
"Comon Roof" state~t ~d also any reference to a "Co,on ~all".
Hughson answered that there was a statement about a "Comon Wall" In
the Southern St~d~d BulldOg Code but ~ethev it sep~ates a duplex,
a co~ercial establis~ent, or what, is ~aterial in this case.
C~bell also said that if a d~lex calls fo~ a "Co, on Wall" ~d a
permit is being issued for a building that doesn,t take in a "0o~on
Wall" but only a "C~on Roof" it is subject to challenge.
~. Ave~ gave a s~ry of ~at was discussed at the recessed
meeting when the subject of the "Co, on Wall" c~e up ~d stated: "It
was a~eed at that t~e bY the Chair~ of o~ Zoni~ Board ~d our
City Attorney that ~hile the "O~on Wall" was not ~itten in and did
not apply that f~ther stud2 ~t indicate t~t we should requi~e it
in the future.
~. Hu~s~ said that he didn,t thi~ a duplex was even mentioned
in the Southern Stand~ Building Code, but reg~ding fireproofing of
buildings there is a co,on wall between two separate ~cupancies, if
in the a~e building.
Mr. C~bell asked the City Att~ne2 if the question of a "Comon
Wall" had been raised ~d that it was needed in o~de~ to cove~ a duplex
-7- 11-20~1
NOVEMBER 20, 1961.
would it have been recommended to the City Manager that he womk this
out with the builde~ in the mannem that it was worked out.
City.Atto~ney Adams stated that he didn,t believe there was
anything in the city ordinances that required a duplex to have a
"Oommon Wall", and that according to the Zoning Code and what the
decision was based on was a detached building designed fo~ or
occupied exclusively by two families living independently of each
other.
Mr. Campbell asked the City Attorney what the definition of a
~Common Roof" was and the Attorney said that the "C~=~on Roof" was
not defined in the Zoning Code.
While waiting for Mr. Hughson to return with a copy of the
Southern Standard Building Code, it was moved by Mr. Avery to A~Jou~n.
The motion was seconded by Mr. Thayer and upon call of roll, k:.
Avery, Mr. Thaye~ and Mayor ~arren voted in favor of the motion, Mr.
Campbell being opposed.
The meeting adjourned at 10~0 P.M.
ROBERT D. WORTHING City Clerk
APPROVED:
MAYOR
-8-
ORDINANCE NO. G-~17
AN ORDINANCE OF TBE CITY OF DELRAY BEACH, FLORIDA
LEVYING THE ASSESSMENTS AS SHOWN BY THE ASSESSMENT
ROLLS SUBMITTED BY THE CITY MANAGER OF SAID CITY,
CONCERNING THE OPENING, GRADING AND PAVING OF CER-
TAIN STREETS, SAID ASSESSI'~NT ROLLS BEING ATTACHED
HERETO AND FORMING A PART HEREOF.
WHEREAS, the City Manager of the City of Delray Beach, Florida,
has, in pursuance to the Charter of said City, submitted to the City
Council for approval, a report of the costs, and the assessment rolls
for the opening, grading and paving of that part of N.W. 6th Avenue
lying between N.W. 3rd and 4th Streets; S.W. 1st Street lying between
S.W. 3rd and ~th Avenues and N.W. 7th Avenue lying between Atlantic
Avenue and N.W. 1st Street; S.W. 7th Avenue lying between Atlantic
Avenue and $.W. 2nd Street, all improvements being paved to a width
of twenty-four (24) feet, and
WItEREAS, said reports and assessment rolls were approved by the
City Council in special session on the 6th day of November, 1961, and
WHEREAS, due notice concerning each assessment roll was given
by advertisement, by the City Clerk, in accordance with the City
Charter of said City, for the purpose of hearing objections to said
assessment rolls, and
WHEREAS, no sufficient objections were received to the confirma-
tion of said assessment rolls,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of the City
of Delray Beach, Florida, as follows:
SECTION 1. The assessments, as shown by said assessment rolls
which are annexed hereto and made a part hereof, are hereby levied ~,
against the properties shown and in the amounts stated on said as-
sessment rolls, said assessments to be paid in three equal annual in-
stallments, together with interest at the rate of 8% per annum, the
first installment becoming due and payable on December 20th, 1961
and on the 20th of December for the next ensuing two years; and
said special assessments, so levied, shall be a lien from the date
the assessments become effective, upon the respective lots and parcels
of land described in said assessment rolls, of the same nature and to
the same extent as the liens for general City taxes, and shall be col-
lectible in the same manner and with the same penalties and under the
same provisions as to sale and forfeiture as City taxes are collect-
PASSED in Special Session on second and final reading on this
the 20th d~y of November, 1961.
ATTEST:
.... city - '
1st Reading November 6, 1961.
Novembe~ 20, 1961.
2nd Reading
ASSESSl N
For Grading and paving of that part of N.W. 6th Avenue lying between
N.W, 3rd and 4th Streets to a width of 24 feet.
OESO ZP ION_ OF OW_ m. 'RO T FRO T FT.
PARADISE LOT
HEIGHTS' 1 & 2 Charles Patrick, Jr. lO0 $ 2.25719 $ 225.72
" 3 Charlie A. & Estella N.
Robinson 50 " 112.86
" 4 George F. & Sanella
Holl!day 50 " ll2.86
" 5 Lenora Thomas 50 " 112.86
" 6 Seacrest, Inc. 50 " 112.86
" 7 Seacrest, Inc. 50 " 112.86
" 8 Seacrest, Inc. 50 " 112.86
" 9 Seacrest, Inc. 50 " 112.86
" 10 & 11 Church of God by Faith 100 " 225.72
" 12 Fred & Iva Ash 50 " 112.86
" 13 Ephram & Kate Bryant 50 " 112.86
" 14 Ellen D. Wightman 48.14 " 108.66
BLOCK
17 1 Thomas J. & Rose Oxner 73.22 " 165.27
" 2 Thomas J. & Rose 0xner 50 " 112.86
" 3 Norris Lee & Willie Mae
Wilson 50 " 112.86
" 4 Shedrick Fashaw 5~0 " 112.86
" 5 Shedrick & Lonie Bell
Fashaw 50 " 112.86
" 6 Essie Mae Williams 50 " 112.86
" 7 Charles Cartwright 50 " 112.86
" 8 & 9 Ja~es & Annie ilaywood 100 " 225~72
" 10 William & Maede Bennett 50 " 112.86
" 11 Ella Mae Jackson 50 " 112.86
" 12 Julia Averyhart &
Sidney Miley 100 " 225.72
1371.36 ~ 27.50 3,09~.~3.
Resolution No~
Assessment Roll (Est) 14.30
Ordinance Caption (Est) 5.50
Contract-Rubin Cons truc tion 3,506.41
Engineering by City (9%)
3,569.29
Less 20% ~-City Share of
* 80% TO BE ASSESSED -3,095~.~3 Cost per Res.
No. 1274
?_,dE.
AS. SESSME,NT ROLL,
For Opening, Grading and Paving of that part of S.W. 1st Street lying
between S.W. 3rd and 4th Avenues to a width of 24 feet.
Description o,f FRONT FRONT FT. TOTAL
W45' of Lot 1 & W45' Kenneth Kipnis 45 2.3198 $ 104.39
of N29.5' of Lot 2,
Block 38
E4!~' of W89' of Lot 1
& E44' of W89' of N Lester & Josephine 4~ " 102~07
29.5~ of Lot 2, P~ Santly
Block 38
E44.1' of Lot 1 & Catherine Rogers ~!!!.1 " 102~30
E4~ol' of N29.5~ of
Lot 2, Block 38
Lot 9 & N29.5' of D. & Janer Josie 133.1 " 308.77
Lot 10,
N~ of Block 38
Block 37 City of Delray Beach 258.8 " 600.37
~esolution No. 12~ $ ~.30
Assessment Roll (Est) 12.10
0rainance Caption (Est) ~.~0
Contract~ ~ubin Construction Co. 1~3~7.32
Engineering by City (9%) 122.16
Less 20% $ 1,522.38
30~.48. City's share of
* 80% to be Assessed $ 1,217.90 Cost per Res. 124~
ASSESS,.M$. NT ROLL
For Opening. Grading and Paving of that part of N.W. 7th Avenue lying
between Atlantic Avenue and N.~I. 1st Street; and that part of S.W.
7th Avenue lying between Atlantic Avenue and S.W. 2nd Street, to a
width of 24 feet.
DESCRIP~!0N ,0F ~WNER FRONT FRONT FT. TOTAL
S_~ B~OCK LO~
S~ 4, W76' of . George Willi~ 140 2.7889 $ 390.45 ~-.
El01. of S140 ~ ~cher
S~ 4, N67' of James N. & Marie 67 " 186.86
S223.1' of W L. Stewart
130.44' of E
of W130.;~' of E
155.~' Garfield Jones, Jr. 37.5 " 104,58
S~ 4, N3~.5' of Hattie De~iS, T~ustee 3?.5 " 104.58
W130.~' o~ E
Monroe 4 17 Earnest Clarke 5t.1 " 142.51
" 4 18 & 19 Jonathan Taylor 100 " 278.89
" 4 20 A.J. Jord~ 135 " 376~50
" 12 23 Paul Jones 135 " 376.50
" 1~ 24 James & Mezella 50 " 139.45
Robinson
" 12 25 Theresa Clark 50 " 139.45
" 12 26 Louise D. Meade 5~.1 " 142.51
~ 12, N37.5' of ~uise D. Meade 37.5 " 104.58
El30' of W155'
S~ 12, S37.5' James N. & Marie 37.5 " 104.58
o~ N75' of E Stewart
130' of W155'
B~ 12, N67.1' Ke~eth Zuver 67.1 " 18~.14
of S227.1' of
El30' of ~155'
S~ 12, E51.6' Martha E. I~owles 140 " 390.45
of W76.6~ of
S140 '
5 11 Priest L~d Co., Inc. 138.2 " 385.43
5 21 " " " " · 50 " 139.45
5 ~ " " " " 50 " ~.4~
5 ~ " " " " 5o " ~.4~
5 ~ " " " " 5o " ~.45
5 26 " " " " 50 " 139.45
DESCRIPTION OF_ OWneR FRONT FRONT FT. TOTAL
6'6' 9E ,
S~ BLOCK LOT
5 27 Priest Land Co., Inc. 50 2.7889 $ 139.45
5 28 " " " " 50 " 139.45
5 2 9 " " " " 50 " 139 · ~5
E~ of Bk. 6 Mike L. & M~t~ M. 612 " 1706.81
Bl~k
14 El5' of City of Delray Beach 135 " 376.50
W35' of S135'
NS0' of ~ R. & Ile~ Glass 50 " 139.~
5' of
14 NSO' of B George P. & Mi~ie 50 " 139~
235' of W135' L. Colem~
14 N77' of $ Cowry of Palm Beach 77 " 214e75
312' of W135'
14 S50' of N Rudolph C~twri~t 50 '" 139~
300' of W135'
14 S50' of N Charles Cartwright 50 " 139.~
250' of W135'
14 S50' of N Harvey & Mary 50 " 139.44
200' of W135' Stephens
14 B50' of N Excellent Homes Co. 50 " 139~
150' of W135'
~ NIO0' of Alex & Mano~ 100 " 278~89
W135 ' S t ephens
13 864' of Delray Beach, ~a., 64 " 178.49
W135' Congregation of Jehov~
Witnesses, Inc
13 855' of Wm. D. & Carrie Lee 55 " 153.39
N540' of W135' Grass
13 $50' of N Sallie Morrow & 50 " 139.44
485' of ~135' Dorothy Mae Cleckley
13 S50' of N Wm. H. & Alice A. 50 " 139.l~l~
435' of ~135' Deaderick
13 S50' of N Quince & Sillie 50 " 139.[~
385' of W135' Cleckley
13 S100 of N. Jo~ & Bessie CleckleylO0 " 278.89
335' of W135'
13 S50' of N Samuel & He~y Lee 50 " 139.¥~
235' of W135' Scadlock
13 N185' of Katie Mae Mas~ 185 " 515.95
W 135'
Resolution No. 1270 $ 45.00
Assessment Roll (Est) 34.10
Ordinate Caption (Est) 5.50
Contract, Hat,ives, Inc. 11,640.51
Engineering, E. Elliott Gross 659,36
Less 2~ 2,'476.89-City's sh~re
-8~ to be Assessed $ 9'~907"58 of Cost per
ORDIVANCE NO. G-~18
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
LEVYING THE ASSES.~S~NTS AS SHOWN BY THE ASSi£SSMENT
ROLL SUBMITTED BY T}~ CITY MANAGER OF SAID CITY,
FOR CONSTRUCTION OF A SIDEWALK FIVE (5) PEET IN
WIDTH ON THE EAST SIDE OF NORTKEAST EIGHTH AVENLrE
BE~.'.~EN NORTHEAST SEVENTH AND NORTHEAST EIGHTH
STREETS.
WiiEREAS, the City Manager of the City of Delray Beach, Florida,
has, in pursuance to the Charter of said City, submitted to the City
Council for approval, a report of the cost and the assessment roll
for the construction of a sidewalk five (55 feet in'width on the East
side of Northeast eighth Avenue between Northeast seventh and eighth
Streets, and
WHEREAS, said report and assessment roll were approved by the
City Council in special session on the 6th day of November, 1961, and
WEEREAS, due notice concern.~ng said assessment roll was given by
advertisement by the City Clerk, in accordance with the City Charter
of said City, for the purpose of hearing objections to said assessment
roll, and
WHEREAS,no sufficient objections were received to the confirm-
ation of the assessment roll,
NOW, THEREFORE, BE IT ORDAI~.[ED by the City Council of the City
of Delray Beach, Florida, as follows:
SECTION 1. The assessments, as shown by said assessment roll~
which is annexed hereto and made a part hereof, are hereby levied
against the property shown and in amounts shown on said assessment
roll, said assessments to be paid in three (3) equal annual install-
ments, together with interest at the rate of eight (8) per cent per
annum, the first installment ~ecoming due and payable on December 20,
1961 and on the 20th of December for the next ensuing two (2) years$
and said special assessment, so levied shall be a lien from the date
the assessment becomes effective, upon the respective lots and parcels
of land described in said assessment roll, of the same nature and to
the same extent am the lien for general taxes, and shall be collect-
ible in the same manner and with the same penalties and under the
same provisions as to sale and forfeiture as City Taxes are collect-
ible.
PASSED in Special Session on second and final reading on this -
the 20~ of December, 1961.
ATTEST:
Clerk
First Reading ....... N0_V.emb?r 67. ~ _~1961:-
Second Reading .~.ve~er 29,.~961.
ASSESSMENT ROLL
For construction of a Sidewalk five (5) feet in width on the East
side of N.E, 8th Avenue between N.E. 7th and N.E. 8th Streets.
OE%CRI_PTION OF ,OW,NE,R FRONT FRONT FT. TOTAL
PROPERTY .~,AGE~ ASSESS~ENT ASS~.
That portion of Lot Coleman F. Carroll 498.51 .7126 , $ 355.24
6 Model Land Co. S/D as Bishop of The
of Sec.9-~6-43 in Pl. Diocese of Miami
Bk.8-40 lying N & E
of E'ly R~,,~ Li of N.E,
8th Ave AyN/L/0/A/I/~
and lying S of S'ly R/W
li of N.E. 8th Str i/~/
LlolAIxlu and lying W
of W'ly R~.~ li of Palm
Trail A/N~L/O/A/I/U
Resolution No. 1267 $ 26.40
Assessment Roll (Est) 9.90
O~dinance Caption (Est) 5.50
Contract-A.J. Collins & Sons 613.47
Engineering by City (9%) 55.21
710.48
Less 50% 355.24-City's share of Cost
_______per Resolution No. 1267
50% to be Assessed $ 355.24