05-23-60 MAY 23rd, 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, City
Manager George Mingle, City Attorney Richard F. Zimmerman and
Councilmen Col. Dugal G. Campbell, Charles Ha~bison, John A. Thayer
and George V, Warren being present.
An opening prayer was delivered by Councilman Charles Harbison.
Om motion by Mr. Campbell, seconded by Mr. Harbison and unani-
mously carried, the minutes of May 16th were approved.
Since Del~ay Beach is a bird sanctuary there has been a question
concerning passing of an ordinance for the control of cats. Mr.
Thayer reported that he had contacted several sources to find out
what the meighboring communities are doing on handling of the cat
problem, also~ that popula~ methods in some communities are to license,
bell or leash cats, and asked that a study be made on this subject.
Mayor Sundy then appointed Mr. Thayer and City Manager Mingle to work
out some solution to the cat problem.
City Clerk Worthing read RESOLUTION NO. 1251.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OI~DELRAY BEACH, FLORIDA GRANTING THE BUILDING
INSPECTOR T~E POWER TO DELAY THE ISSUANCE OF
BUILDING PERMITS ON PROPERTIES LYING WITHIN
200 FEET NORTH AND SOUTH OF THE CENTER LINE OF
WEST ATLANTIC AVENUE, BETWEEN SWINTON AVENUE
AND THE SEABOARD RAILROAD FOR A PERIOD OF
SIXTY DAYS.
WHEREAS, the Highways Committe®, appointed by the Mayor of the
City of Del~ay Beach, Florida, to investigate obtaining the necessary
right of way for the proposed widening of West Atlantic Avenue and
providing for the desired alleys on the North and South sides of West
Atlantic Avenue has requested that the Building Inspector be granted
permission to delay the issuance of building permits in the above-
described area for a period of sixty days to allow said Committee to
complete its studies,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA, AS FOLLOWS:
SECTION 1. The Building Inspector of the City of Delray Beach,
Florida, is hereby authorized and granted permission to delay the
issuance of building permits for a period of sixty (60)'days in the
following described ames: two hundred (200) feet North and two
hundred (200) feet South from the centerline of West Atlantic Avenue
from Swinton Avenue West to the Seaboa~.d Railroad.
SECTION 2. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED in Regular Session this 23rd day of May, 1960.
,/~s/_ Glenn B. ~s,u~n, dy ~ Mayor ......
It waS.moved by Mr. Warren, seconded by Mr. Thayer and unanimously
carried to adopt Resolution No.~ 1251.
City Clerk Worthing then read J~' RESOLUTION NO. 1252.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DEI~RAY BEACH, FLORIDA, PROVIDING THAT CITY
COUNCIL SFaALL HOLD REGULAR ~ ~TINGS ONLY ON THE
SECOND AND FOURTH MONDAY OF THE MONTHS JD~E, JULY,
AUGUST AND SEPTEMBER AT 80tCLOCK P.M.
WHEREAS, the City Council of the City of Delray Beach, Florida,
passed and adopted Resolution No. 1218 on the 4th day of January,
1960, providing for the holding of Regular Meetings on the first
four Mondays of each month, and
150
MAY gJrcl~ 1960,
WHEREAS, the City Council has determined 'that it would be in
the best interests of the public that meetings should be held· on
the second and fourth Mondays of the summer months June, July,
August and September,
BE IT RESOLVED BY THE CITY COUNCIL OP ~HE CITY OP DELRAY BEACH,
FLORIDA, AS FOLLOWS:
SECTION 1. The City Council of the City of Delray Beach,
Florida, shall hold only two regular meetings each calandar month
during the months of June, July, AuGust and September, and shall
meet on the second and .fourth Mondays of said months at 8:00
o'clock, p.m.; provided, however, that when the day fixed for any -
regular meeting of the Council. falls upon a day designated by law
as a legal or national holiday, such meeting shall" be held at the
same hour on the next succeeding day not a holiday.
SECTION 9.. Ail regular meetings of the Council shall be held
in the Council Chambers in the City Hall of said City.
SECTION 3. This Resolution shall become effective upon
adoption.
PASSED AND ADOPTED in Regular Session this 28rd day of May,1960.
Slenn B. Sund¥
Mayor .
It was moved by Mr. Thayer, seconded by Mr. Campbell and unanimously
carried to adopt Resolution No. 19.§2.
City Clerk Worthing then read RESOLUTION NO. 12§3.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ORD~,,ING THE CONSTRUCTION
OF STORM DRAINS IN SECTION 'P" AS SHOWN ON STORM
DRAINAGE SYSTEM SURVEY FILE T. P. 1858-P, TOGETHER
WITH THE INSTALLATION OF CATCH BASINS, MAN-HOLES
AND APPURTENANCES IN CONJUNCTION WITH SUCH STORM
DRAINS.
WHEREAS, the City Council of the City of Delray Beach, Florida,
did, on the 19th day of October, A.D', 19§9, adopt Resolution No.
19.05 requiring the City Manager to prepare plans and specifications
for certain storm drains, and an estimate of cost of such improvement
to be placed on file in the office of the City Manager.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Delray Beach, Florida, that it is determined to make the following
described improvement, to-wit:
CONSTRUCTION of Storm Sewer Drains in Section "P"
as shown on'Storm Drainage System Survey File T. P.
.... 1568-P, and the installation of necessary catch, basins,
man-holes and appurtenances in' conjunction with such
storm drains, the estimated cost for which improvement
is $15,450.00 and Benefited Drain Field Area determined
to be described as follows:
Commence at the S. E. corner of Lot 25, Delray Beach Esplanade;
thence Westerly along the South line of Lots 25, 24, 25, 22, 21, 29,
19, 18, 17. 16 and 15 to the S. W. corner of said Lot 15; thence
North-Northeasterly along the West liD. e of Lots 15, 14, iS and 12 to
the N. W. corner of said Lot 12;- thence Easterly along' the North
line of Lots 19., 11, 10, 9, 8, 7, 6, 5, 4 and 8 to the N. E. corner
of said Lot 8; thence Southerly along the Easterly line of Lot 3
and Southerly extension thereof to the N. W, corner of Lot 28;
thence Southerly along the West line of said Lot 28 to the S. W.
corner thereof; thence Easterly to the N. W. corner of Lot ~.7;
thence Southerly to the S. E. corner of Lot 25, being the P. O. D.
Ail of the herein described land being within and forming a ..Dart of
DELRAY BEACH ESPLANADE~ in Section 16, Township 46 South, Range 4.~
· East, per Plat Book t8, Page 39, as recorded in the Public Records
of Palm Beach County, Florida. 9.
MAY 23rd, 1960.
BE IT FURTHER RESOLVED that the entire cost of such improvement
Shall be shared by the City of Delray Beach, Florida, and the follow-
ing described properties in Delray Beach, Palm Beach County, Florida,
on a basis of Del~ay Beach paying Twenty (20) per cent of the cost
of said improvement and the property owners of said properties,
shown below, paying Eighty (80) per cent of the total cost;
,SUB.,D.,IVI~, ION, PROP.ERTY DESCRIPTION S~ARE FOOTAGE
Delray Beach Esplanade Lot 3, 8,995
" " " Lot h & E 32}' of Lot 5. 11,772
" " " Lot5 less E 32}' & Lot 6. 1~,372
" " " Lot ?~ 6'. 517
" " " Lot8' 6,581
" " " Lot 9. 6,776
" " " Lo t 10. 8,242
" " " Lot 11. 10,631
" " " Lot 12. '. 17,748
" " " Lot 13· 13,118
" " " Lot 14. ~1~.~., 570
" " " Lot 15 less Southeasterly 3.24' 22 554
" " " Lot 16 & Southeasterly 3.24' of ~
Lot 15 11,610
" " " Lot 17. 6,662
" " " Lot 18 & W 35' of Lot 19. 10,940
" " " Lot 20 & E 30' of Lot 19. 10,782
" " " Lot 21 & W 35~ of Lot 22. 11,400
" " " Lot 23 & E 30' of Lot 22. 11,518
" " " Lot 24. 7,8!8
" " " Lot 25. 8,012
" " " Lot 30 & E 35' of Lot 31. 11,888
" " " Lot 31 less E 35' and Lot 32 less
the W 25'. 9,167
" " " Lot 33 & W 25' of Lot 32. 11,633
" " " Lot 3k. 7,637
" " " Lot~5 & E 10~ of Lot 36. 8,678
" " " N 65' of Lot 36 & E 10' of lot 37. 8,295
" " " Lot 38 & Lot 37 less E 10' 13,425
" " " Lot 39 & Lot 40 less E 10' 15,072
" " " E 10' of Lot~0, all of Lot 41 &
" " " E 30' of Lot42 & W 55' of Lot 43. 8,883
" " " Lot ~ 8, !~'i
" " " Lots 46 & 47. 15,1~6
said benefits to be determined within the Drain Field area in
proportion to the benefits which will accrue to said lands.
AND BE IT FURTHER RESOLVED that said special assessments
against all the lots and lands as set forth herein, which are
specially benefited, shall be and remain liens superior in dignity
~to all oth~er 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)
per cent per annum, and which may be paid in three (3) equal yearly
installments with accrued interest on all deferred payments. Pay-
ments shall be made at the same place that taxeS payable to the
City of De!ray Beach amc paid, namely, at the office of the C~ty
Tax Collector, and upon failure of any property owner to pay any
annual installment due, or any part thereof, or any arzrAual interest
upon deferred payments, the City of Delray Beach may bring necessary
legal proceedings by a Bill in Chancery to enforce payment the~eof
.with all accrued .interest, together with all legal costs incUrred,
including a reasonable attorney's fee. The total amount of any
lien m~y be paid in full at any time, with interest from the date
of assessment ·
IT IS ORDERED that the City Council shall sit at the City
Hall, in the City of Delray Beach, Florida, at 8:00 P.M., on Monday,
June 13, 1960 for the purpose of hearing objections, if any, on
said proposed improvement, as set forth herein.
mb
NAY 23rd, 1960.
PASSED AND ADOPTED by the City Council of the City of Delray
Beach, Florida on this the 23rd day of May, A.D., 1960.
/sZ lenn B. Sund
M~kYor ' -
It was moved by Mr. Campbell, seconded by ~. H~bison ~d un~i-
mously carried to adopt Resolution No. 1253.
City Clerk Worthing ~en read R~OL~ION NO. 1254.
A ~OL~ION ~ T~ CI~ C0~CIL OF T~
C~ OF DEL~Y BEACH, FLORIDA, VACATING
~ ~ONING PART OF P~T NO. 1 OF
H0~WOOD ~DITION TO T~ CI~ 0F DE~
(F0~RLY LINT~) TOG~R ~ GO~V~W
DRY, I~~SS A~ AND WI~0N DRIVE
~ ~O~SAID P~T BErG ~CORD~ IN P~T
BOOK 15, PAGE 23, OF ~ P~LIC ~C0~S
OF PA~ B~CH CO~;~, F~RIDA.
~E~, the property in the aforesaid plat is ~i~roved
~d the roads described above have not been opened or developed, ~d,
~~, W. F. & G~;DO~ G. S~ER ~d S~-R HO~ING C0~,
the o~e~s of the following described real property desires the va-
cation of the above described plat ~d roads thereon with ~eferenco
to the following described property so that said property ~y be re-
platted ~d developed by the current o~ers in accord~ce with tem-
porary plat submitted with the petition for abando~ent, ~d
~AS, WA~N G. GRI~S, as o~er of the l~d bordering
Golfview Drive on the East also requests ~d consents to said
ab and o~e nt,
NOW, T~ORE, BE IT ~SOL~D BY T~ CI~ C0~CIL 0F THE
CI~ 0F DEL~Y B~CH, FLOR~A:
That p~su~t to Section Seven (7), P~agraph t~ee (3) of
the Charter for the City of De~ay Beach, Florida, we hereby declare
the following part of Plat No. 1 of Homewood Addition to the City of
De~ay (fo~erly Linton) together with roads, the ~oresaid plat
being recorded ~ Plat Book 15, Page 23, of the ~blic Record~~ of
Pa~ Beach Co~ty, Florida, to be vacated ~d abandoned:
Ail of Blocks 26 ~d 27 in Plat No. 1
of Homewood Addition lying in Section
19, Township 46 South, ~ge 43 ~st,
together with Golf view Drive, Inverness
Avenue ~d Wilson Drive.
P~SED ~ ~OPTED in Re~lar Session this the 23rd day of
May, A.D., 1960.
,me
May or
It was moved by ~. Harbison ~d seconded by ~. ~yer to adopt
Resolution No. 1254. Upon call of roll ~. H~bison, ~ Tbayer,
~. Warren ~d Ma~or Sundy voted in favor of the motion, ~.
C~bell being opposed.
Mayor S~dy reported t~t he ~d ~. Wort~ng had atteo, ded
the Co~y Co~msion meeting this morning at West Pa~ Be~ch
concerning the N~ E. 8th Street sidewalk from ~th Avenue to Palm
Trail ~d were s. ssured that all possible aid will be rendered by
the County Co~ssion to cause const~ction of said sidewalk during
the su~er months.
Reg~ding a report of the Directo~ of Recreation cor~cerning
a city p~k ne~ t~ Little Lea~e Ball Field, Mayor Bundy
that he had been i~ormed of other City property that should be
given some consideration for this purpose. It was moved by
Thayer, seconded by ~. Harbison and c~ried unan~ously to have
City Manager ~d Recreational Director give the other city owned
property some consideration before any action is taken.
MAY 23rd, 1960.
City Manager Mingle presented bills for approval in the
amounts of:
General Fund $ 57,780 ~4
Improvement Fund 140,850 ~
Water Fund - Operating Fund 9,468.30
Special Assessment Fund 493.69
Mr. Campbell moved that the bills be approved, the motion being
seconded by Mr. Warren and unanimously carried.
City Clerk Worthing then presented the final plat of Sherwood
Park for .authoriZation by the Council of its execution, all provisions
of the S/D Ordinance No. G'285 having been complied with in accordance
with the report from the Director of Public Works. Mr. Worthing then
read a declaration of protective covenants and deed restrictions for
said S/D which included the action of the Council on March 14th
permitting a minimum of 1800 square feet per lot for dwellings in
that R-IAAA zoning district. Said Covenants and Restrictions will
be recorded simultaneously with the plat. Following general discus-
sion, it was moved by Mr. Harbison and seconded by Mr. Thayer to
approve the final Plat of Sherwood Park. Upon call of roll Mr.
Harbison, Mr. Thayer, Mr. Warren and Mayor Sundy voted in favor of
the motion, Mr. Campbell being opposed.
Mr. Campbell, as Chairman of the committee to work with the
architects, reported that the proposed new City Hall as sho~ tn
the paper last week was well received and moved that Mr. Jacobson
the architect be authorized to proceed in obtaining the necessary
bids and to proceed with the project in full as fast as possible.
The motion was seconded by Mr. Thayer and carried unanimously.
Mayor Sundy reported that Architect Roy Simon was progressing
with the plans for the proposed new Community Center Building and
would soon be ready to let it out for bids to see if he is within
the $100,000.00 amount budgeted for same.
The meeting was adjourned at 8:55 on motion by Mr. Thayer and
seconded by Mr. Campbell.
R. D. WORTHING
Ui~y U~mer~ ..............
APPROVED:
MAYOR
5
MAY 23rd, 1960.