04-11-60 APRIL llth, 1960.
A regular meeting of the City Council was held in the Council
Chambers at 8:00 P.M., with Mayor Glenn B. Sundy in the Chair, Acting
City Manager R. D. Worthing, City Attorney Richard F. Zimmerman and
Councilmen Col. Dugal G. Campbell, Charles H. Harbison, John A.Thayer
and George V. Warren being present.
An opening prayer was delivered by the Rev. Gustave E. Malmquist.
On motion of Mr. Harbison, seconded by M~. Thayer and unanimously
carried, the minutes of April 4th, 1960 meeting were approved.
'Mr. Worthing presented a request from the Church of God to place
directional signs to their temDorary location in the 400 Block of S.W0
10th Street, one sign at the corner of Federal Highway and S. E. 10th
Street and one sign at the corner of S. W. 10th Street and Swinton
Avenue, signs to be approximately 9 x 27 inches. Motion was made by
Mr. Campbell that permission be granted to place the signs. The
motion was seconded by Mr. Harbison and unanimously carried.
Mr. Worthing submitted the following bids prepared, by the
Director of Public Works for Crawler Type Tractor with 2~ CY Bucket:
Shelley Tractor & Equipment Company $ 28,591.50
Miami, Florida
Clewiston Motor Company 27,325.00
Clewiston, Florida
Richardson Tractor Company 22,700.00
Ft. Lauderdale, Florida
Florida-Georgia Tractor Company 20,677. O0
North Miami Beach, Florida
Following general discussion of the various makes of equipment quoted
on, Mr. Harbison moved to table the purchase of the equipment at this
time and that the Director of Public Works arrange for a demonstration
of the various makes of machines bid upon. The motion was seconded
by Mr. Thayer and unanimously carried.
Mr. Worthing presented the proposed Assessment Roll for Opening,
Grading and Paving of that part of N. E. 7th Avenue lying between
N. E. 5th and 8th Streets, to a width of 24 feet, said improvement
being ordered by Resolution No. 1202, passed and adopted on October
12, 1959, said assessment roll, if approved, to be published for two
consecutive weeks and public hearing for objections, if any, to be
held on April 25th, 1960 at 8:00 P.M. The Council, on motion by Mr.
Harbison, and seconded by Mr. Campbell, unanimously approved said
assessment roll on part of N. E. ?th Avenue.
(copy of assessment roll is attached to and made a part
of the official copy of these minutes.) (See Pages 139 & 140)
Mr. Worthing presented the resignation of Mr. Roy Simon from the
Recreational Advisory Board. Mr. Thayer moved that Mr. Simon's resig-
nation be accepted, with re$~et, and that the Council appoint a new
member to the Recreational Advisory Board next week. The motion w~s
seconded by Mr. Warren and unanimously carried.
Mr. Worthing presented the following Plam~ing Board Reports
dated April llth.
1. "Concerning tb.e reque~st of Attorney Charles Byron on behalf
of Donald S. Laird, d~ted December 4th, for the re-zoning
of Lots 22, 23 and 24 in Block 73, from R-2 to C-2, on which
matter a public hearing was held on December 18th, the
cormnission unanimously approves denial of the request, be-
lieving that the character of the general area to the north
and west of said Block 73 does not warrant such change."
APRIL llth, 1960
Mr. Campbell moved to accept the report of the Planning
Baard and deny the request to rezone Lots 22, 23 and 2~
in Block 73. The motion was seconded by Mr. Thayer and
unanimously carried.
2. "On March 28th, the council referred back to the Zoning
Commission for further study the request of Mr. R. T. Hanna
for re-zoning of Lot 5, Plat of Anderson Block, from R-lA
to C-2.
"After full discussion of the general area and disclosure
by commission member James I. Sinks of the character and
intended development of the abutting lands to the south of
said Lot 5, and the original stand taken by the commission
on the property immediately to the north of said Lot 5, the
commission moved to rescind its action on this request as
reflected .in its report of March 28th, 1960, and unanimously
approve denial of the request."
Following discussion, Mr. Campbell moved that the request
of Mr~ Hanna for the rezoning of Lot 5, Anderson Block be
granted. The motion was seconded by Mr. Harbison and upon
call of roll, Mr. Campbell, Mr. Harbison, Mr. Thayer and
Mayor Sundy voted in favor of the motion, Mr. Warren being
opposed.
3. "On March 2?th, 1959, a public hearing was held on the
quest of Mr. James Klrkwood, Jr., for proposed rezoning from
R-lA to C-2 of that part of the East half of the North 330
feet of the South 49~ feet of Lot 9, Block 1, Section 21-
46-43, lying East of S. E. 5th Avenue; and on March 30th,
1959, the zoning commission informed the City Council that
this request was being held over for consideration of the
entire area from S. E. 2nd Street to S. E. 10th Street
bounded on the east b2 Federal Highway and on the west by
the alley between 4th and 5th Avenues, due to the proposed
improvement of S. E. 5th Avenue as Federal Highway for
southbound traffic only. To bring this matter to a close,
the commission approved denial of the request; three being
in favor thereof, one being opposed.
"The above-described property will, however, appear on the
over-all prOPosed zoning map incorporating changes from
certain present zoned areas, which map is beim~ compiled by
employed zoning counselor George Simons, ~Jr., which should
be offered to the public through public hearings thereon on
or about December 1st, 1960."
Following general discussion, Mr. Campbell moved that the -
request for rezoning of the Kirkwood property from R-IA to
C-2 be granted. The motion was seconded by Mr. Warren and
unanimously carried.
4. "On December 18, 1959, a public hearing was held on the
quest of Mr. Jesse F. Link for proposed re-zoning from R-IA
to C-2 of Lots 5 and 6, Block 1, 0sceola Park; and on
December 20, 1959, the zoning commission informed the City
Council that this request was being held over for consider-
ation of the entire area from S. E. 2nd Street to S. E. 10th
Street bounded on the eaSt by Federal Highway and on the
west by the alley bstween 4t~A and 5th Avenues, due to the
proposed improvement of S. E. 5th Avenue as Fede~l Highway
for southbound traffic only~ To bring this matte~? to a close,
the commission approved denial of the request; three being
in favor thereof, one being opposed.
"The above-described property will, however, appear on the
over-all proposed zonir~ map. incorporating changes from
certain present zoned a teas, which map is being compiled by
employed zoning con, nsc!or George Simons, Jr., which should
be offered to the public through public has. rings thereon on
or about December 1st, 1960."
APRIL llth, 1960.
Mr. Campbell moved that the request for rezoning of Lots
5 and 6, Block 1, Osceola Park, to C-2, be granted. The
motion was seconded by Mr. Thayer and unanimously ca~ried~
5. "The Zoning Commission held a special meeting on April 8th,
and considered the request of Mr. Harold J. Ro~g to rezone
Lots 21 and 22, Block D, Palm Beach Shore Acres, from
R-IAAA to R-3, public hearing on whichmatter was held on
Friday, April 1st.
"The commission voted to deny the request; three being in
favor thereof, two being opposed.
"The commission further suggests that the City Council
consider rezoning of Lot 21 only from R-IAAA to R-3."
A letter, objecting to said rezoning, from A. M. Kinney was
read, also objections by Mr. Kinney in person. Following
general discussionMr. Thayer moved to accept the recommaen-~
dation of the Planning Board and deny the request for re-
zoning by ~. Roig. The motion was seconded by Mr. Campbell
and upon call of roll Mr. Campbell and Mr~ Thayer voted in
favor of the motion and ~. Harbison, Mr. Warren and Mayor
Sundy were opposed. Motion did not carry. After further
discmssion, Mr. Campbell moved that the rezoning request of
Mr. Roig be denied, and a suggestion made to him, if he
wants to act upon it, to bring before the Zoning Board in
proper form a request for Lot 21 to be rezoned, and that
same cannot be done until next fall. The motion was seconded
by Mr. Thayer and upon call of roll, Mr. Campbell, Mr. Thayer
and M~. Warren voted in favor of the motion, Mr. Harbison
and Ma~or Sundy being opposed.
6. '~t a meeting of the Zoning Commission held on April 8th,
a quorum being present, the commission voted to deny the
request for rezoning from R-3 (Multiple Family Dwelling
District) to R-1AA ~Single Family Dwelling District) the
following described lands:
Lots 1 thru 8, Block 1, and
Lots 28 thru 37, Block 5,
Seagate Extension.
Public hearing on this matter was held at 4:00 P.M., Friday,
April 1st, in the Zoning Commission offices."
Comments both for and against said rezoning were received
from the audience, and following general discussion Mr.
Ha~bison moved that this item be referred back to the
Planning/Zoning Board and for them to come up with a recom-
mendation as to how a special zoning area could be set up
for triplex only, also that Ralph Hughson, the Building
Inspector be instructed to hold to the deed restrictions
in issuing building permits on this particular strip of
land, during the time that rezoning is under consideration.
The motion was seconded by Mr. Thayer and unanimously carried.
Mr. Worthing read the following letter from the Delray Beach
Chamber of Commerce, dated April 1, 1960.
"At a recent Merchantts Division meeting, considerable discussion was
held concerning the pa~king situation in Delray Beach.
"As a result of this and after study ~nd consideration, the Parking
Committee requested and the Board of Directors unanimously ~pproved
the following five steps which are being forwarded to you for your
consideration:
"l. That the three municipal parking lots remain as free parking
areas on a year-round basis and that adequate and attractimg
signs be placed both in the lots and at the intersections of
Atlantic Avenue and Third, Fourth and Fifth Avenues indicating
that there is free parking in these lots.
APRIL llth, 1960.
"2. That a sidewalk be installed connecting the parking lot on N.E~
1st Street with Atlantic Avenue along Railroad Avenue. That
the alley south of this lot between Railroad Avenue and Fourth
Avenue be resu~faced and the alley leading south from this ~o~
be paved.
"3. That all parking meters be cha~ged to allow the use of pennies.
"4. That parking meters be left in operation on a year round basis~
"5. That the Planning Board be requested to study and report on
additional city owned properties that could be set aside for
parking areas at some time in the future.
"Written for the Board of Directors,/s~ Ken Ellingsworth, Secretary."
Mr. Warren moved that Item 1 of the above letter be granted' until
December first and that a study be made as to how the parking lots
in this area might have some support from the area that they ser?e.
The motion was seconded by Mm. Campbell and unanimously carried.
Re: Item 2. Ken Ellingsworth was requested to find out about R/W for
sidewalk on Railroad Avenue. Regarding the alley improvement, Mr.
Worthing stated that if the alley only needed to be refinished, he
expected the City had funds for doing it, but if it is for opening
and paving that the Council had created a policy recently that it
could be done only upon petition. Mr. Harbison moved that the alley
in question and the alley running from S. E. 3rd Avenue to S. E.
AVenue in the block immediately south of Atlantic Avenue be studied
by the City Manager and see what he would propose on the resurfacing
of the two alleys. The motion was seconded by Mr. Thayer and carried
unanimous ly.
Re: Items 3 and 4- Mr. Warren moved that the parking meter charge
remain a nickle and keep them in operation throughout the year. The
motion was seconded by Mr. Harbison and carried unanimously.
Re: Item 5. Mr. Warren moved that the requested study be made, also
that the study should include privately owned and group owned parki~g
areas. The motion was seconded by Mr. Harbison and unanimously carried
Mr. Worthing presented resolutions from the Delray Beach Chambe~~
of Commerce and Branch ~;~07 of National Association of Letter Carriers
regarding house numbering, Mr. Campbell suggested acknowledgment o1~
receipt of the resolutions and inform them that action had already been
taken on this subject but that some delay had been caused awaiting m~os
to be used in the re-numbering system.
Mayor Sundy announced that this meeting had provided the oppor-
tunity of hearing objections to the Lot Clearing Assessments as con-
tained in Resolution No. 1235, passed and adopted on March 28, 1960.
The Council, sitting as a Board of Equalization, received no objections
to said assessment of costs identified in said Resolution No. 1235 and
on motion by Mr. Campbell and seconded by Mr. Harbison unanimously
approved the assessments as shown in said ResolutiOn No. 1235, same to
stand confirmed and remain legal, valid, and binding obligations, upo~_
the properties against which made until paid.
The Council having approved the request for abandormnent of part
of Plat No. 1 of Homewood Addition on April 4th, Resolution No. 1237
was prepared and read by Mr. Worthing as follows:
P~SOLUTION NO. 1237.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELPdlY BEACH, FLORIDA, VACATING
AND ABANDONIiWG PART OF PLAT NO. I OF
HOMEWOOD ADDITION TO THE CITY OF DELRAY
(FORMERLY LINTON) TOGETHER WITH ROADS, THE
AFORESAID PLAT BEING RECORDED IN PLAT BOOK
15, PAGE 23, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
4
APRIL llth, 1960.
WHEREAS, the property in the aforesaid plat is unimproved
acreage, the roads have not been opened or developed, and,
WHEREAS, Delray Estates, Ltd., the owner of the following
described real property desires the vacation of the above described
plat and roads thereon with reference to the following described
property so that said property may be sold in its entirety and de-
veloped by a pttrchaser according to its own plans,
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DEIagAY BEACH, FLORIDA:
That pursuant to Section Seven (7), Psmag~aph th_roe (3) of the
Chamter for the City of Delray Beach, Florida, we hereby declare the
following pamt of Plat No. i of Homewood Addition to the City of
Delray (formerly Linton) together with roads, the aforesaid plat being
recorded in Plat Book 15, Page 23, of the public records of Palm Beach
County, Florida, to be vacated and abandoned:
In Block 37, 'that pa~t of Lots 14, 15, 16, 17' 18
and 19 lying South of the center line of Section
19, Township 46 South, Range 43 East
In Block 36, that part of Lots 14, 15, 16, 17, 18
and 19 lying South of the center line of Section
19, Township 46 South, Range 43, East
All of Block 48
Together with all roads adjacent to the aforesaid described
portions of Blocks 37, 36 and 48.
PASSED AND ADOPTED in Regular session this the llth day of
April, A.D., 1960.
/s/ B. SUNDY
MAYOR
~r. Ha~bison.moved for adoption of Resolution No. 1237. The motion
was seconded by Mr. Thayer and upon call of rol~ Mr. Harbison, Mr.
Thayer, Mr. Warren and Mayor Sundy voted in favor of the motion, Mr.
Campbell being opposed.
Mr. Worthing then read RESOLUTION NO. 1238.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, REQUIRING PLANS,
SPECIFICATIONS AND ESTIMATE OF COST TO GEADE
AND PAVE THAT PART OF SOUTHWEST 10th STREET
COMMENCING AT A POINT 500 FEET WESTERLY FROM
THE SOUTHEAST CORNER OF THE WEST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
AND CONTINUING WESTERLY FOR A DISTANCE OF 250
FEET.
WHEREAS the City Council of the City of Delray Bead~, Florida,
may deem it to be necessary for the .safety and convenience of the
public to grade and pave, to a width of .twenty-four (24) feet, that
part of Southwest 10th Street commencing at a point 500 feet Westerly
from the Southeast corner of the West half of the Southeast Quarter of
the .Northwest Quarter of Section 20, Township 46 South, Range 43 East,
and continuing Westerly for a distance of 250 feet, the City of Delray
Beach, Palm Beach County, Florida, to sh~re in the cost of such im-
provement w~_th the owners of lands abutting thereon;
NOW, THEREFORE, BE IT RESOLVED by the City .Council of the City of
Delray Beach, Palm Beach County, Florida, as follows:
SECTION 1. That the City Manager be required to submit plans,
specifications and an estimate of the cost of such improvement to be
made, and that the same shall be placed on file in the office of the
City Manager.
5
APRIL llth, 1960
PASSED AND ADOPTED by the City Council of the City of Delray
Beach, Florida, on this the llth day of April, 1960.
,. B..... sun, ,v ....
MAY'OR
lgr. Campbell moved to adopt Resolution No. 1238. The motion was
seconded by Mm. Warren and unanimously carried.
Mr. Wozthing then read RESOLUTION NO. 1239.
A ~ESOLUTION OF THE CITY COUNCIL OF ~HE CITY
0P DELRAY BEACH, FLORIDA, ORDERING THE GRADING
AND PAVING OF THAT PART OF SOUTHWEST 10th STREET
CONMENCING AT A POINT 500 FEET WESTERLY FROM THE
SOUTHEAST CORNER OF THE WEST HALF OF THE SOUT~EAST
QUARTER OF T~ NORTHWEST QUARTER OF SECTION 20,
TOWNSHIP [~6 SOUTH, RANGE 43 EAST, AND CONTINUING
WESTERLY FOR A DISTANCE OF 250 F~T, TO i WIDTH
of TWE Z- OUR EET.
WHEREAS, the City Council of the City of Delray Beach, Florida,
did, on the llth day of April, 1960, adopt Resolution No. 1238
lng the City Manager to prepare plans and specifications, together
with estimate of cost of grading and pav~ing of that part of South-
west 10th Street commencing at a point 500 feet westerly from the
southeast corner of the West half of the Southeast quarter of the
Northwest quarter of Section 20, Township 46 South, Range 43 East,
and continuing Westerly for a distance of 250 feet, to a width o£
Twenty-four (24) feet, and requiring said plans, specifications and
estimate of cost of such improvement to be placed on file in the
office of the City Manager, and
WHERe, the City Council deems it to be necessary for the
safety and convenience of the public to grade and pave said street,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Delray Beach, Florida, that it is determined to make the follow~.ng
described improvement, to-wit;
To grade and pave that part of Southwest
10th Street commencing at a point 500 feet
westerly from the Southeast corner of the
West half of the Southeast quainter of the
Northwest quarter of Section 20, Township
46 South, Range 43 East, and continuing
westerly for a distance of 250 feet, to a
width of twenty-four (24) feet, the total
cost, as estimated, for such improvement
being $1,150.00.
BE IT PURTHER RESOLVED that the entire cost of such improvement
shall be shamed by the City of Delray Beach, Plorida, and the follow-
ing described properties in Delray Beach, Palm Beach County, Florida,
on a basis of the City of Delray Beach paying twenty (20) percent of
the cost of said improvement and the abutting property owners, said
properties shown below, paying eighty (80) per cent of said total cost.
That portion of Lots 20 and 28 of Section
20-46-43 abutting on the hereinabove de-
scribed portion of Southwest 10th street
R/W determined to be improved; and
That portion of Lots 21 and 29 of Section
20-46-43 abutting on the hereinabove de-
scribed portion of Southwest 10th Street
R/W determined to be improved,
said benefits to be determined and prorated according to the front
footage of the respective properties as set forth immediately' abc. ve.
6
107.
APRIL llth, 1960.
BE IT FURTHER RESOLVED that said special assessments against
all the parcels of lands as set forth above which are specially bene-
fited, shall be and remain liens superior in dignity to all other
liens, except liens for taxes, until paid, from the date of the
assessment upon the respective lots and parcels of land assessed,
and which shall bear interest at the rate of eight (8) percent per
annum, and which may be paid in three (3) equal yearly installments
with accrued interest on all deferred payments. Payment shall be
made at the same place that taxes payable to the City of Delray Besch;
Florida, are paid, namely the office of the City Tax Collector, and
upon failttre of any property owner to pay the annual installment due,
or any part thereof, or any annual interest upon deferred payments,
the City of Del~ay Beach may bring necessary legal proceedings by a
Bill in Chancer,y to enforce payment thereof with all accrued interest,
together 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 City Council_s. hall sit at the Ct. ty Hall
in the City .of Delray Beach, Florida, at ~.00 P.M., on the 25th day
of April, 1960, for the purpose of hearing objections, if any, on
said proposed improvement, as set forth above.
PASSED AND ADOPTED by the City Council of the City of Delray
Beach, Florida, on this the'llth day of April, 1960.
B. S DM
"~ MAYOR
The council, on motion of Mr. Harbison and seconded by P~. Campbell
unanimously approved' adoption of Resolution No. 1239.
Mr. Worthing then read ORDINANCE NO. G-347 in its entirety.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING LANDS
CONTIGUOUS TO THE EXISTING BOUNDARIES OF SAID
CITY IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43
EAST: REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LANDS; AND PROVIDING RIGHTS AND
OBLIGATIONS OF SAID LANDS.
WHEREAS, it is deemed for the best interest, safety, health, and
general welfare of the citizens of the City of Delray Beach, Florida,
that certain lands be .mnnexed to the City of Delray Beach; and
WHEREAS, said tract of land is contiguous to the p~esent boundary
of territorial limits of the city and that, when annexed, it will . ..
constitute a reasonably compact addition to the incorporated terri-
tory with which it is combined; and the owner, Plk-Quik, Inc.,consents
to annexation;
WHEREAS, the City of De]ray Beach, Florida, has heretofore been
authorized to annex lands in accordance with Chapter 27510, Special
Laws of Florida, Acts of 1951.
NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That the City Council of the City of Delray Beach,
Palm Beach County, Florida, does hereby annex to said City the follow-
ing described tract or parcel of land located in Palm Beach County,
Florida, which lies contiguous to the existing boundaries cf said
City, to-wit:
A parcel of land in the N. E. ¼ of the S. W. 2-
of the S. W. ~ of Section 4, Township 46 South,
Range 43 East, Palm Beach County, Florida, more
particularly described as follows:
APRIL llth, 1960.
Beginning at the intersection of the South line
of the North ~ of the South ~ of the N. E. ~ of
the S. W. ~ of the S. W. ~ of the aforementioned
Section 4, with the East line of R/W as conveyed
in Deed Book 906-~%5; thence run Northerly along
said R/W line a distance of 31 feet; thence run
Easterly along a line which is pamallel to the
South line a distance of 115 feet; thence South-
erly along a line parallel to aforementioned R/W
line a ~istance of 31 feet; thence Westerly a
distance of 115 feet to the point of the beginning.
SECTION 2. That the boundaries of the City of Del~ay Beach are
hereby redefined so as to include therein the above described tracts
of land, and said lands are hereby declared to be in the corporate
limits of the City of Delray Beach, Florida, and placed in "C-1
Limited Commercial District."
SECTION 3. That the said lands hereinabove described shall
immediately become subject to all of the .franchises, privileges,
immunities, debts, obligations, liabilities (except the bonded
indebtedness existing this date), ordim~-_nces and laws to which
lands in the City of Delray Beach are now or may be, and the
persons residing thereon shall be deemed citizens of the City of
Delray Beach, Florida.
SECTION 4- This ordinance shall take effect immediately upon
becoming a law.
PASSED AND ADOPTED in regular session on the second and final
reading on this the llth day of April, 1960.
MAYOR
There being no objections to Ordinance No. G-347, the motion by Mm.
Campbell and seconded by M~. Thayer, to approve and adopt the Ordi-
nance on second and final reading, carried unanimously.
Municipal Judge Arthur Holloway. informed the Council that he
had sentenced Jesse T. Bobbitt to a $125.00 fine or 60 days in jail,
and at this time 29 days of the Jail sentence had been served. Judge
Holloway requested that the Council suspend the balance of the sen-
tence, based on good behavior and that if he is released at this time
Mr. Bobbitt could accept employment in Virginia. Mr. Harbison moved
that the request for suspended sentence be granted. The motion was
seconded by Mr. Campbell and unanimously carried.
Mr. Worthing then read ORDINANCE NO. G-348 in its entirety.
AN ORDINANCE OF THE CIT~ OF DELRAY BEACH,
FLORIDA, ANNEXING TO THE CITY ALL THAT
PART OF THE S 100 FEET OF THE N 1495 FEET
LYING BETWEEN STATE ROAD AIA (OCEAN BLVD)
AND THE WATERS OF THE ATLANTIC OCEAN AND
BEING IN SECTION 21, TOWNSHIP 46 SOUTH,
RANGE 43 EAST.
WHEREAS, the City Council of the City of Delray Beach, Florida,
has determined that the hereinafter described land is contiguous to
the existing municipal boundary lines of the City of Delray Beach,
Palm Beach County, Florida; and
WHEREAS, WALTER S. GOODSPEED is the sole fee simple title holder
of the property hereinafter described, and has petitioned the City to
annex said lands and consented and given permission for the annexation
of said property by the City of Delray Beach; and
WHEREAS, the City of Delray Beach, Florida, has heretofore been
authorized to annex lands in accordance with Chapter 27510, Special
Laws of Florida, Acts of 19%1:
8
APRIL llth, 1960.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CI~£
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That the City Council of the City of De]may Beach,
Palm Beach .Eounty, Florida, does hereby annex to said City the follow-
ing described tract or parcel of land located in Palm Beach County,
Florida, which lies contiguous to the existing boundaries of said
City; to-wit:
A tract of land in Government Lot l, Section
21, Township 46 South, Range 43 East, more
particularly described as follows:
That part of the S 100 feet of the N 1495 feet
lying between State Road AIA (Ocean Blvd) and
the waters of the Atlantic Ocean and being in
Section 21, Township 46 S., Range ~3 East.
SECTION 2. That the boundaries of the City of Delray Beach
are hereby redefined so as to include therein the above described
tract of land, and said land is hereby declared to be in the corpo-
rate limits of the City of Delray Beach, Florida.
SECTION 3. That said lands hereinabove described shall immedi-
ately become subject to all of the franchises, privileges, immuni-
ties, debts, obligations, liabilities (except the bonded indebte~-
ness existing this date), ordinances and laws to which lands in the
City of Delray Beach a_re now or may be, and the persons residing
thereon shall be deemed citizens of the City of Delray Beach.
SECTION 4. This ordinance shall take effect immediately upon
becoming a law.
PASSED AND ADOPTED in regular sessi°n~on this second and final
reading this llth day of ApriI, A.D., 1960.
/si B. SUNDY
MAYOR
There being no objections to Ordinance No-G-348,'the motion by
Mr. Warren and seconded by Mr. Campbell, to approve and adopt the
Ordinance on second and final reading, carried unanimously.
Mr. Worthing read Emergency ORDINANCE NO. G-351, in its entirety.
AN EMERGENCY ORDINANCE RELATING TO WELL DRILLING
AND INSTALLATION OF SPRINKr~R SYSTEMS IN THE CITY
OF DELRAY BEACH; REQUIRING PERMIT BEFORE DRILLING
WELL OR INSTALLING SPRINKLER SYSTEM; FIXING FEE
FOR PERMIT; MAKING IT UNLAWFUL TO DRILL A WELL OR
INSTALL A SPRINKLER SYSTEM WITHOUTFIRST OBTAINING
PERMIT AND PROVIDING PENALTY FOR VIOLATION OF THIS
ORDINANCE.
WHEREAS, the City Council of the City of Delray Beach, Florida
wishesto avoid any possibility of. contamination of the City of
Delray Beach's public water supply by the drilling of wells near
septic tanks and by connection of private water supplies with the
City's public supply,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FCLLOWS~
Section l: It shall be unlawful for any person, firm or corpor-
atio~-0'r t~ agents or employees, to drive or drill any well or to
install any sprinkler system within the City of Delray Beach, Palm
Beach County, Florida, without first having obtained a permit from
the Plumbing Inspector of said city to do such work.
Section 2: Before such permit shall be issued by the Pl'~mbing
Inspe~t~r~ he' S~all ascertain whether or not said well or said
9
i04 -
APRIL llth, 1960.
sprinkler system is to be connected with the public water supply of
said city in any way and he shall see that the requirements of all
ordinances, rules and regulations protecting the health and safety
of the citizens of said city are met. No well shall be permitted
within a distance of fifty (50) feet from any septic tank or drain
field. The Plumbing Inspector shall inspect all work, including any
sprinkler system, that may be supplied by such well before the well
is covered and final connection is made.
~e~$TM 3: A permit to install a lawn sprinkling system, which
is to b~ suppIied by the public water supply of the City of Delray .
Beach or by private supply, may be issued to a person, firm or corpo-
ration holding an occupational license issued by the city of Delray
Beach to install said systems. A permit to drill or drive a well
may be issued to a person, firm or corporation holding an occupation-
al license issued by the City of Delray Beach to perform said work.
The following work must be performed by a person, firm or
corporation holding a Master Plumberts license issued by the City
of Delray Beach:
A. The Main water line shall rise a minimum of six inches above
the highest sprinkler head with gate valve installed in line to con-
trol each sprinkler circuit.
B. An approved back flow preventer shall be installed on the
discharge side of the gate valve controlling the circuit.
C. An approved check valve shall be installed in the main
supply line on the meter side of the first sprinkler circuit take-cfi=
D. The house or building water supply shall be connected to
main supply pipe between meter and check valve.
Section 4: Ail sprinkler systems shall be installed in accord-.
ance with ChaPter 8, Section IO-D of the State Sanitary Code and
current revisiOns.
SeDtion 5: No physical connection shall be permitted between a
distribution system of the City of Delray Beach public water supply
and that of any other water supply.
Se~ti0n ~: Permit fees to be charged by the City are as follow~
Permit fee for drilling or driving a well ...$3.00
Permit fee for sprinkler· system .............$3.00
Section 7: Any person, firm or corporation violating the pro-
visionso~ ordinance shall be punished by fine not exceeding
five hundred dollars ($500.00), or by imprisonment not exceeding
sixty (60) days, or by both such fine and imprisonment, in the
discretion of the municipal Judge.
Section 8: Ail ordinances and parts of ordinances in conflict
herewith are repealed.
This Ordinance is effective the llth day of April, 1960.
/s/ GLENN B~ SUND¥ MHYOR
Sanitarian Dick Eurphy and Charles E o Rhodes, a representative of the
Palm Beach Goun~y Health ~epartment~answered questions aK~d made
statements on the existing conditions in Delray Beach which brought
about the necessity for such an ordinance regarding well drilling
and sprinkler systems.
0b~ections were received to the portion of Section 3 of the
Ordinance regarding certain work that must be done by a person or
firm holding a Master Plumbers license in Delray Beach.
10
105
APRIL llth, 1960.
Regarding a survey by Mr. Murp~ of 130 properties where there
are existing wells and sprinkler systems and his stating that 69 of
these were possibly in violation of the sanitary code, Mr. C~mpbell
asked, for the record, what has happened on the 69 suspected vic..
lations. Mr. Murphy stated that he had been working on the survey
for some time and that it is not complete at this time, also that
he is presently working on a newspaper advertisement to inform the
public of conditions, but that the Ordinance to control the situation
should be passed so that there would be no new violations, and then
work on eliminating the existing violations. Following general
discussionMr. Campbell moved for the adoption of Emergency Ordinance
No. G-351. The motion was seconded by Mr. Harbison and upon call of
roll Mr~.. Campbell, Mr. Harbison, Mm. Thayer and Mayor Sundy voted in
favor of the motion, Mr. Wamren being opposed.
Mr, Worthing presented Bills for Approval in the amounts of:
General Fund $ 12,215.29
Water Fund - Operating Fund 341.25
Mr. Campbell moved that the bills as submitted be approved, motion
being seconded by Mr. Thayer and unanimously approved.
Mr. Harbison stated that he felt that some action should be
taken on the request for rezoning of Lots 7 and 8, Block 78, also
on the proposed rezoning to the north thereof on both sides of N. E.
First Avenue. Following discussion Mr. Warren moved to deny the
request for change of zoning on S. E. 1st Avenue from S. E. 2nd
Street north to the east-west alleys lying 140 feet south of Atlauti¢
Avenue. The motion was seconded by Mm. Campbell and upon call of roll
Mr. Campbell, Mr, ~Warren and Mayor SUndy voted in favor of the motions,
Mm. Thayer being opposed and'Mr. Harbison abstained 'from voting.
Mr. Campbell then moved to grant the request for rezoning of
Lots 7 & 8, Block'78 from R-3 to C-2. The motion was seconded by
Mr. Harbison and upon call of roll Mr. Campbell, Mr. Harbison and
Mm. Thayer voted in favor of the motion and Mr. Warren and Mayor
Sundy were opposed.
Mm. Worthing read the following letter from Robert J. Holland,
Chairman of the Beach Committee, dated April 7th.
"Due to our beach at Briny Breezes being only one hundred feet wide,
we respectfully request your consideration in fUrnishing transpor-
tation April 18th to the beach at Jupiter.
"Many persons will be celebrating on this date, and we feel if the
City could rent two busses as you have done in the past, pickup
those who wish to make the trip in the morning, and deliver them
back to Delray Beach in late afternoon, it would be appreciated.
In the past, this has proven most satisfactory.
"We have been advised that there will be no school on that date,
therefore quite a few children will take advantage of this opportunity.
"If you find you can comply with this request, will you kindly notify
Mr. JOseph Baldwin, a member of the Beach Committee. He in turn will
let the people know where, and when they might take the busses."
Mr. Thayer moved that an appropriation of funds be authorized from
the General Fund of an amount necessary for furnishing two busses
to transport those, desiring to attend, from the west sector of town,
the American Legion sponsored Celebrk%io~ at the Colored Beach in
Jupiter on April 18th, TO ~D FROM DELRAY BEACH,' subject to thoro
being provided sufficient insurance coverage to protect the Ciby of
Delray Beach from all possible liability relative thereto, and further
subject to such appropriation not exceeding $250.00. Motion was
seconded by Mr. Harbison and upon call of roll, Mr. Harbison, Mr.
Thayer, Mr. Warren and Mayor Sundy voted infavor ~hereof, Mr.
Campbell being opposed.
ll
APRIL llth, 1960.
Hr. Worthing presented a revised suggested policy regarding the
"Extension of Water Service Outside City Limits" Mr. Hambison moved
that a resolution be prepared incorgorating this revised water policy
subject to an insertion of "Limitation of the extension not to exceed
200 feet from any main distribution line". The motion was seconded
by Hr. Campbell and carried unanimously.
Hr. Worthing. presented a bill received from Russell and Axon
in the amount of $4,000.00 for engineering services in connection
with a contract dated September 30, 1959. Hr. Campbell moved to
pay the bill from Russell and Axon. The motion was seconded by Mr.
Harbison and unanimously carried.
Hr. Campbell moved that a Special Meeting be held at 8:00 P.M.
on April 29th, for the purpose of hearing second and final reading
on Ordinances providing for various reclassifications of certain
lands, the motion being seconded by Mm. Thayer and carried unani-
mous ly.
Regarding the request of Mr.R. Whitley, that was tabled on
April 4th, regarding the yacht basin north of Basin Drive, Mr.
Campbell moved that the City Manager be instructed to contact the
proper officials that the City would like'to obtain this Basin on
a gift basis from the present holders and if that is not effected
to find out what it will take to enable the City to acquire this
yacht basin. The motion was seconded by Mr. Thayer and unanimously
carried.
A letter that had been received by the Chamber of Commerce
regarding selection of a Royal Attendant from De]may Beach to take
part in the St. Augustine Easter Week Festival was presented. Mr.
Campbell suggested this letter be returned~ to the Chamber of Commerce
as the City did not care to participate in this selection.
Mr. Campbell suggested that employees be trained for the
operation of the water plant, in addition to the one man now'
performihg'that duty.
The meeting was adjourned at 12:15 A.M. on motion by Mr.
Harbison and seconded by Hr. Thayer.
City Clerk
APPROVED:
_
MAYOR