06-27-60 JUNE ~Tth, 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, 0ity
Manager George Mingle, City Attorney Richard F. Zimmerman and
Councilmen Col. Dugal G. Campbell, Charles Harbison, John A. Thayer
and George V. Warren being present.
An opening prayer was delivered by the Rev. N. H. Wible. ~.
On motion by M~. Thayer, seconded by Mr. Campbell and unani-
mously ca~ried, the minutes of June 13th and 15th, 1960 were approved.
Architect Kenneth Jacobson requested that consideration be given
to adopting a CREST for the City of Delray Beach and suggested that
local architects and artists submit their design and the Council
Judge the entries. Mayor Sundy asked that City Manager Mingle look
into the matter of adopting a CREST for the City.
City Manager Mingle presented bids that were received for the
clearing, filling, grading and paving of N. E. 6th Street from N. E.
6th to 7th Avenues as follows:
ale~T~T s~ C OMPLETE
Ca. dar b'ays
Rubin Construction Co. $1,4~4.04 10 30
Hardrives Inc. of Delray 1,57~.00 90 45
Palm Beach Asphalt Corp. 1,805.94 10 45
It is recommended by the Director of Public Works that the award be
given to the low bidder. Mr. Harbisonm'.oved to sustain the recom-
mendation of the Director of Public Works and award the contract to
Rubin Construction Company, the motion being seconded by Mr. Campbell
and unanimously carried.
On Feb~uray 15th, 1960 the Council requested that an attempt be
made to obtain an additional 7' R/W, as requested by the County, on
the South side of N. E. 8th Street eastward from 7th Avenue to Palm
Trail to provide for a much needed sidewalk. Mr. Worthing informed
the Council that he was only successful in obtaining the reqUested
7' R/W on about 640' from the Diocese of Miami, and requested
authorization from the Council for the execution of a deed to the
County for this 7' R/W. Mr. Thayer moved for the execution of said
R/W deed, the motion being seconded by M~. Ha~bison.
Mr. Worthing also informed the Council that he had been unable
to obtain the ~equested 7' R/W from the p~operty owners on the South
side of N.. E. ~th Street between 7th and ~th Avenues and that he has
so informed the Palm Beach County Commission which in regular session
directed its legal council to take necessax~y steps to provide for
said 7'.
It was questioned by Mr. Campbell as to whether the City could
spend money to install a sidewalk on County property. There followed
discussion about 'the payment of said sidewalk construction and it was
stated that the County had verbally agreed to share the cost of side-
walk construction o~ a fifty-fifty basis with the City if the re-
quested 7' R/W was obtained.
Upon question, City Attorney Zimmerman stated that ordinarily
the City would not be building a sidewalk on another persons property;
however,~there is sufficient benefits fo~ the citizens of Delray Beach
for the Council to feel they. a~e able to spend the money for this
purpose without doing anything illegal, and that the council has
sufficient grounds to spend the money without a written agreement
with the County.
Upon question City Attorney Zimme~man also stated that he thinks
the motion to execute the R/W deed to the County is all right. Upon
call of roll, Mr. Harbison, Mr. Thayer and Mayor Sundy voted in favor
of the motion, M~. Oampbell and Mr. Warren being opposed.
Mr. Campbell requested that the minutes reflect that the advice
to the City Council on this matter has been challenged and that a
written report that he, the City Attorney, has Eiven this advice be
presented at the next meeting of the Council.
City Manager Mingle read the following letter from Architect
Roy M. Simon dated June 23%th, 1960:
"At our meeting of 9 ~une 1560, preliminary drawings and
an estimate of the cost of the Proposed Community Center were
presented for your approval.
"To reiterate: the square footage of the proposed Center is
13,172; the cost estimate, based on sound construction, maple floor-
ing in the auditorium, but keep.in~ the facilities simple in fenes-
tration, come to approximately $98,900.0..0. ~This breakdown bro~ught
the approximate cost per square foot to $7.~0 which is much below
average for such a structure.
"It was brought to your attention that 'the cost estimate for
air~conditioning the low portion of the building, i.e., the arts
and crafts rooms' lobby, ete.~ _and heating-v?ntilating the auditorium
and locker rooms was betwee~ $16,000.00 and $20,000.00. This item,
removed from the budgeted $100,000.00 leaves pery little for the
structure. The folding bleachers was estimated at $3000.00
"It was suggested that either of the following alternative
measures be taken:
"1. Cut the size of the building to such proportions that
would allow the building of a smaller structure including the air
c on.ditioning-he ating-ventilat ing, or
"2. Increase the budget to approximately $10.00 per square
foot ($130,000.00), keeping the same size building with air-condi-
tioning-heating-ventilation and ~ith a finer building, const~uction-
wise.
"Based on the space requirements presented for this Commun&ty
Center for Del~ay Beach and the activities proposed, it is apparent
that the area, or size, presently adopted is Just and adequate.
"The estimate cost of $98,900.00 covers .the .following method
of construction:
"1. Concrete block exterior walls with stucco outside and plaster
on block inside.
"2. Prestressed concrete units for roof of the auditorium and 4"
wood decking on laminated wood beams for the remainder of the building.
"3. Maple hardwood flooring on wood Joists in the auditorium
and concrete slab on fill with either terrazzo or vinyl asbestos tile
in the remainder excluding, of course, the floors of the locker areas
and the kitchen.
"4. Interior walls are to be of either plaster or prefinished
plywood.
"With regard to the above, I should appreciate your decision on
either alternate .1 or 2 aboVe. Upon your decision, I should like,
further, your approval and instructions to proceed with the working
drawings and specifications in the event alternate # 2 is selected.
"The working drawings and specifications shall begin immediately
upon receipt of your instructions as per our agreement. However, in
order that time shall not be wasted, I have taken the liberty of
preceeding with the work.
"Awaiting your instructions, I remain."
Mr. Thayer moved that an additional appropriation of $$0,000.00
be 9~anted for the construction of the Community Center. The motion
· was seconded by Mr. Warren and carried unanimously.
City Manager Mingle read the following memorandum from the
Director of Public'Works regarding the construction schedule on the
new Pederal Highway dated June 27th:
2
167
JUNE 27, 1960.
"A meeting was called by Mr. P. E. Cullum, State Highway
Department Engineer, this morning at 10:00 AM: for the purpose of
coordinating the activities of the various utility companies, city
forces and contractors, and the prime highway contractor for the
construction of the proposed n~, Pederal Highway through the city.
"The Contractor's general manager, Mr. Powell, states that it
is their intention to start work at the South end of the city on
the south-hound highway on July 5th. If feasible, they intend to
continue working on the south-bound lane, maintaining only local
traffic on 5th Avenue, until this lane is completed and paved
before tearing up the present Pederal Highway.
"The city has b.een notified~ by.attached letter from Mr. H. S.
Burton, Project Engxneer, that xt wmll be necessary to re-locate
the existing 12" water main under 5th Avenue. In order to avoid
any possibility of delaying the road contractor, authority is
hereby requested to prepare specifications and accept bids for
the moving of this 12" water main to a new location inside the
right-of-way lane on §th Avenue.
"A rough estimate of the total cost of this contract is in the
vicinity of $40,000, however, the contract will he written on a
unit price basis and a portion of this price will not he payable
until the next fiscal year.
"Authority is also hereby requested to remove and store the
existing parking meters and stands with city forces at such time
as it becomes necessary."
The State Road Department advised that the water mains and
other utilities located at present under the traffic lanes will
have to he relocated either under the parking lanes or sidewalk
area due to Pederal Aid Road Regulations with the exception of
cross lines. Mr. Harbison moved to give the Director of Public
Works the authority as requested, also to reallocate the budgeted
$25,000.00 for use in relocating the water main on 5th Avenue.
The motion was seconded by Mr. Campbell and carried unanimously.
City Clerk Worthing read the following memorandum to the City
Manager from the Director of Public Works, dated June 22nd, 1960:
"Subject: Requested change at Yacht Basin.
"Mr. Jarman Smith, lessee of the Delray Yacht Basin facilities,
desires to re-build the wooden walkway along the northly edge of
the present Yacht Basin.
'~rhile doing this he requests permission to repair the existing
seawall immediately north of this location, and extend this wooden
walk a distance of approximately 30', thereby providing another
anchorage parallel to the existing seawall.
"There exists near the north end of the Yacht Basin a small boat
hoist, which is referred to in paragraph 6 of the lease. This hoist
was the property of the city and the city reserved the right to
maintain and operate same. Some time ago, however, the usage of this
small boat hoist decreased to a point where the city felt it un-
desirable to continue to maintain it, and it has fallen into a state
of very bad disrepair.
"Mr. Smith states that if city forces will move this hoist to a
point near the southerly end of the docks, he will have it repaired
and installed and provide a walkway which will again make it usable.
He further states that no charge for its use will be made to the
public.
"I can see no objection to these changes, however, you may wish
to submit this proposal to the Council for approval."
City Clerk Worthing then called the Council's attention to the
original Dock Lease dated September 9. gth, 19§$ and particularly to
Section $ which is as follows:
JUNE 2?th, 1960.
"It is mutually understood and agreed that the existing small boat
hoist,, now located upon the leased premises, will not be moved or
altered by lessees in the performance of the above work, or sub-
sequent thereto during the term of this lease or any extensions
hereto; that the lessor shall have the right, which is hereby e~-
presaly reserved, of maintaining said small boat hoist for the same
uses and purposes of the public as have heretofore and now exist
there in."
Following discussion M~. Thayer moved, subject to the approval
of the City Attorney, that the request of Mr. Jarman Smith rega~ding
the yacht basin facilities be granted. The motion was seconded by
M~. Campbell and carried unanimously.
Mr. Campbell moved that the City Attorney be authorized to make
the necessary change in Ordinance No. G-3~5 deleting Section 4 and
by this act doing away with the summer moratorium on Zonin$. Mr.
Warren asked the following question of the City Attorney: "If the
Council cannot change zoning while this moratorium is in effect, how
can they reverse the moratorium ltself~" City Attorney Zimmerman
informed Mr. Warren that at the present time there is no referendum
binding the Council regarding the zoning moratorium, that the ordi-
nance in effect at this time providing for the moratorium was not
passed and adopted by referendum;therefore,it does not require a
~eferendum to do away with it. The motion was seconded by Mm.
Thayer and upon call of roll Mr. Campbell, Mr. Harbison, Mr. Thayer
and Mayor Sundy voted in favor of the motion, Mr. Warren being
opposed.
City Clerk Worthing presented a survey report from the Assistant
Fire Chief listing various properties in violation of Section 15 of
the Code of Ordinances and stated that the report had been thoroughly
checked as to the owners and proper 19gal descriptions. City Clerk
Worthing then read RESOLUTION NO. 1257.
A RESOLUTION DECLARING CERTAIN LANDS IN
THE CITY OF DELRAY BEACH, FLORIDA, TO
CONSTITUTE A NUISANCE IN VIOLATION OF
CHAPTER 15 OF THE CITY CODE OF ORDINANCES.
W}tEBEAS, Chapter 15 of the City Code and Ordinance No. G-147 of
the City of Delray Beach, Florida, declares all lands in the City not
kept free from debris, vegetation (including trees) or other matter,
which may become a danger in time of hurricane, and from weeds ex-
ceeding in height of 18 inches, and from filth and trash, constitute
a nuisance; and
WHEREAS, pursuant to said Ordinance, the Chief of the Fire
Depsmtment of Delray Beach, Florida, has made a survey report, in
writing, to the City Manager, describing certain lots or parcels of
land in said City and more specifically described herein, wherein
conditions such as specified in Chapter 15 of the City Code and
Ordinance G-147 exist; and
WHEREAS, the City Council of Delray Beach, Florida, after con-
sideration of said survey report, is of the opinion that a prima
faole case showing the following lands constitute a nuisance within
the provisions of said Chapter15 of the City Code and Ordinance
referred to herein;
NOW, THEREFORE, BE IT RESOLVED that the existance of a nuisance
be, and the same is hereby declared, upon the following described
lots or parcels of land for violation of the provisions of said
Chapter 15 of the City Code and Ordinance~'-G 147 as specified after
each description, and the City Clerk of the City of Delray Beach,
Florida, is directed to furnish the owners of each parcel of land,
as hereinafter set forth, a notice in accordance with Section 6 of
said Ordinance, and that the City Council will sit on the eleventh
day of July, 1960, at 8:00 P.M., at the' City Hall in D61ray Beach,
Florida,~.for'.'~he .p~rpos'e of a~TlowinE ~a-id owners to'..show cause, if
any they can, why said nuisance should not be abated.
4
JUNE 27th, 1960. 189
9WNER AOp SS L0 , B.L0CK $/O.,
Edward R. Turnquest, c/o The~isa Ann Lots 22 thur 26,
Estate Turnquest Block 29.
833 N. W. 10th St.
Hallandale, Fla.
O. D. Priest, Jr. 111 S. W. 4th St. Lots 11 & 12, Blk. 6, 4
Delray Beach, Fla. Atlantic Gardens.
Clifford Wright ~,~1~!~ W. Atlantic Ave. E 50' of N 100, and
Delray Beach, Fla. S 50' of N 150' of
E 13%', Block 31.
Delray Investors, c/o Campbell & Hill That part of Lot 4, 4
Inc. 140 Nassau Street lying between Dixie
New York, N.Y. & Fed. Hwy.,
Section 9-46-43.
Evelyn A. Kuefner Box 184 Lot 14, Block 104. 4
Dickerson Port Jefferson Sta.
L. I., N. Y.
William J.B.Pedrick 2325 N. E. 28th St. S 35' of Lot 29, all
Pompano Beach, Fla. of Lots 30, 31, 32, 33,
34, 35 & 36, Block 5,
Seagate Extension.
Frederick Chas & 301 O~egon Street Lot 8 & S 5,5' of 4
Esther Muddiman Hollywood, Florida Lot 7, Ocean Beach
Lots North.
Clementine Brown Palmetto Park Road Lot 1, Block 1, 4
Boca Raton, Fla. Osceola Park.
A. E. & Virginia 48 N. Swinton Ave. Lot 2, Block 1, 4
Lee Cason Delray Beach, Fla. Osceola Park.
N. 0. & Lillian A. 7801 N. Santa Monica Lot l0 less N 40' & 4
McCormick Blvd. W 40' of Lot 11 less
Milwaukee 17, Wise. N 401, Block 2,
Herman Village.
Linda & Adrian 402 S. E. 2nd St. Nh of Lots 17 & 18,
Jarovitsky Delray Beach, Fla. Block 12, Dell Park.
Thomas S. & Betty J. 328 S. W. 3rd Ave. Lots 23, 24 & 25, 4
Hatcher Delray Beach, Fla. Block 40.
Irving Levin 1211 N. W. 37th St. Lot 18, Block 40. 4
Miami, Florida.
Caroline Van 909 N. E. 8th St. Lots 5 & 6, 4
Ballegoolen Delray Beach, Fla. Block 40.
A. Simon Easa P.O. Box 35 Lots 16, 17, 18 & 4
Delray Beach, Fla. 19, Block 47.
Carl Graham 1401 Dale Lane Lots 3, 5 & 6, 4
Del~ay Beach, Fla. Block 8, Rosemont Park.
Matthew Fergan 5257 S. 0cea~ Blvd. Lots 4 & 21, Blk.8, 4
Palm Beach, ~la. Rosemont Park.
Alfred Spear P.O. Box 1526 Lots 19, 20,~22, 23 4
P~ovidence,' R.I. & 24, Block 8,
Rosemont Park.
Arthur Tyler c/o Belk & Tyler Lot 87, Plumosa Park 4
Stores Sec. "A"
Roc ky Mount, N. C.
C.R.; Lucille W.; E.C.P.O. Box 399 LOts 5, 11 & 12, 4
& Doris D. Forman Ft. Lauderda le, Fla.Sundy Tenbrook Add.
5
JUNE 27th, 1960.
Dora Smith c/o Mamie S. Powell Lots 3, 4 & 10, 4
135 S. W. 5th Ave. Sundy Tenbrook Add.
Delray Beach, Fla.
Oarl R. Brown P.O. Box 726 Lot 1 & N 41' of Lot 4
Boynton Beach, Fla. 2, Block 75.
R. W. Ward 2430 Barcelona Drive S 35.5' of Lot 2 & 4
Ft. Lauderdale, Fla. N 20.5' of Lot 3,
Block 75.
Delray BeaCh P.O. Box 2485 Lots 1,3,8,16,21,22,
Development Co. Delray Beach, Fla. 24,26,34,36 & 50 thru
56, Chevy Chase.
Walter J. Seymour P.O. Box 2485 Lot 9, Chevy Chase.
Delray Beach, Fla.
Emile H. & Teresa 16 Broadmoor Road Lot 223, Tropic Isle. 4
Talmon Scarsdale, N. Y.
Thamas A. & Florence 1~:2 S. E. 17th Terr. Lot 214, Tropic Isle. 4
Dutton Deerfield Beach, Fla.
Anna M. Breen 282 Vennum Ave. Lot 215, Tropic Isle. 4
Mansfield, Ohio.
Edward B. Breen 282 Vennum Ave. Lot 216, Tropic Isle.
Mansfield, Ohio.
John W. & Viola M. 259 Millicent Ave. Lots 218 & 241, 4
Aumer Buffalo, N.Y. Tropic Isle.
Andrew & Hazel M. 94 Campbell Road Lots 219 & 240,
Aumer Buffalo, N.Y. Tropic Isle.
George T. & Wilma A. P.O. Box 536, Lots 220 & 221,
Elmore Delray Beach, Fla. Tropic Isle.
Tropic Isle Land Co., 3405 S. Federal Hwy. Lots 237 thru 239,
Inc. Delray Beach, Fla. Tropic Isle.
L. R. & Mary Frances 1725 N. E. 29th Dr. Lots 222 & 224 and 4
Edwards Ft. Lauderdale, Fla. 229 thru 236,
Tropic Isle.
Marinus C. & Clara 1031 Carpentier Ave. Lot 244, Tropic Isle. 4
Roskam N.W.
Grand Rapids, Mich.
North Tropic Isle, 3405 S. Federal Hwy. Lots 2~5~256249 thru
Inc. Delray Beach, Fla. 253, &
319 thru 330, Tropic Isle.
Jere W. Powell Avondale, Pa. Lots 246, 247 & 2;~8, 4
Tropic Isle.
PASSED AND ADOPTED in regular session this 27th day of June, 1960.
,,,Is/,B. ....... ,_, , , ,,
MAYOR
It was moved by Mr. Warren, seconded _by Mr. Harbison and unani-
mously carried to adopt Resolution No. 1257.
City Clerk Worthing then read the caption of ORDINANCE NO. G-361.
AN ORDINANCE AMENDING CHAPTER 21 OF THE
CODE OF ORDINANCE~ OF DELRAY BEACH, FLORIDA,
BY ADDING PROVISIONS TO EFFECT COMPLIANCE
WITH THE FLORIDA STATE SANITARY CODE, IN
ACCORDANCE WITH LOCAL CONDITIONS.
6
171
JUNE 2?th, 1960.
It was moved by Mr. Campbell, seconded by Mr. Thayer and unanimously
carried to place Ordinance No. G-361 on first reading.
City Clerk Worthing then read the caption of ORDINANCE NO. G-362.
AN ORDINANCE OF THE CITY OF DELRAY BEACH,
FLORIDA, GRANTING THE SAME TAX RIGHTS AND
PRIVILEGES TO THE RECENT PURCHASER OF A
CERTAIN BLOCK OF LOTS IN PLATS 3 and 4 OF
TROPIC PALMS SUBDIVISION AS ENJOYED BY THE
SELLER.
It was moved by Mr. Warren, seconded by Mr. Thayer and unanimously
carried to place Ordinance No. G-362 on first reading.
City Clerk Worthing read the following correspondence from the
Chamber of Commerce adopted by their Board of Directors on June 27,
1960:
"As a result of comprehensive study by the Industrial Committee
of the Chamber of Commerce and its determination of a great need for
year-round industrial payrolls to balance the economic growth of our
city, and during which study the opinions of an independent research
firm, several industrialists and persons who have participated in the
development of other communities, the Committee has found that there
are three basic steps which' must be accomplished if we are to succeed
in attracting desired industry:
"l. An industrial survey.
2. Community attitude toward industry.
3. Inducements to industry.
a. Municipal (sites, utilities, tax moratoriums)
b. Private (availability of funds for plant development)
"Item # 1 has been accomplished and concentrated effort is now
being put forth to develop Item # 2. With Item # 3 in mind, we make
the following recommendations to the City of Delray Beach:
"A. Negotiations be immediately made to trade the approximately equal
industrial zoned parcels belonging to the city and W. J. Snow as
indicated on the attached map.
"B. That the City Property zoned'C3 be cleared and surveyed.
"C. That the survey of the parcel south of Atlantic and west of the
State Road # 9 right-of-way indicate approximate .200 foot lots
with a new road right-of-way established as shown on the attached
map.
"D. That the City take official action to make these parcels available
to suitable industry for $1.00 per year plus a guaranteed minimum
annual payroll: Individual industrial prospects to be investi-
gated by the Chamber of Commerce Industrial Committee with rec-
ommendations to the City Commission for their use.
"E. That the City Commission agree to extend the water main and
street to these sites, at its expense, as required.
'~. That consideration be given to the extension of water facilities
and tax moratorium for qualified industries that affect the de-
velopment of private industrial properties.
"In view of the fact that one such industry is contemplating a
move here within the next four months, we would appreciate your
favorable consideration and immediate action on the above,"
Mr. Campbell moved that the 0ity Manager, in conjunction with the
City Attorney, be instructed to try to bring about the exchange of
property with Mr. Snow. The motion was seconded by Mr. Harbison and
carried unanimously. Mayor Sundy informed the Council that he had
talked with Mm. Snow today about this exchange of property and Mr.
Snow said he would rather not make a deal at this time, but if any-
thing came up that would be beneficial to the City or to him that he
would consider an exchange.
~ 27th, 1%0.
~r. Campbell then moved that the City property zoned C-3 lying
south of Atlantic Avenue on both sides of the railroad be cleared
sufficiently to be shown and a survey made. The motion was seconded
by Hr. Warren and carried unanimously.
Mr. Campbell then moved that the City put in a usable road to the
property on the west side of State Road No. 9, the lots facing to the
East as shown on the map. The motion was seconded by Hr. Warren and
carried unanimously.
There was discussion regamding the City making properties avail-
able for rent, lease or sale for suitable industr~ or to an Industrial
Foundation that may be formed in the City.
Hr. Campbell then moved that the City Attorney together with the
City Manager be asked to study paragraphs D, E. and F. of the
Chamber of Commerce letter, and give to the Council and the Chamber
of Commerce their recommendations, and particularly how "D" can be
brought about. The motion was seconded by Mr. Warren and carried
unanimous ly.
On motion by Hr. Campbell, seconded by Mr. Warren and unanimously
carried, the Council granted the request of the Merchants Division
of the Chamber of Commerce and eliminated the use of parking meters
throughout the City until November 1, 1960.
On June 13th, 1960 a request was presented from W. F. Snyder and
Warren G. Grimes requesting permission to install an 8" water main
from the present termination point of the existing main on West
Atlantic Avenue to the intersection of Homewood Blvd. and West
Atlantic Avenue and southerly along the East R/W line of Homewood
Blvd. to its intersection with Highlands. The request was tabled at
that time to get a complete report from the Director of Public Works
which memorandum dated June 21st is as follows:
"As stated in the attached mimeographed sheet entitled, "Agreement
for Extension of Water Main to a Subdivision within the Corporate
Limits", it has, in times past, been the city,s policy to bear that
portion of the. cost of the main extension equal to three and a half
times the anticipated annual revenue from the subdivision. Assuming
the annual revenue to be that amount which would be received by the
city from the minimum rate for a 1" meter on each lot, the city,s
portion of this main extension would amount to $7,402.50. An
analysis of the wa tar requirements for this section due to fire
protection and regular residential usage indicates that an 8" main
extension would be sufficient. However, inasmuch as the present
main extension running out Atlantic Avenue is of '~0" size it is
strongly recommended that portion of the proposed extension ex-
tending from the end of the present line at SW 24th Avenue, Breezy
Ridge Estates, westwamd to Homewood Boulevard along Delray Road be
increased to 10" size with the city beaming the increase in cost
between an 8" and 10". This increased cost is estimated to be
approximately $1,800.
"The developer,s estimated cost of $16,000. for the installation
of 8" main is approximately correct, the total cost therefore would
become about $1~,050. and the city's portion $9,200.
"It should be noted that a previous recommendation from the firm
of Smith & Gillespie, at the time of the annexation of M~. Calamia's
property which extends out to the Military Trail, was that the City
of Delray Beach would eventually wish to effect a tie-in between the
existing water line running out Delray Road across Homewood Boulevard
to the lC" line on the newly constructed Lowson Boulevard, and that
probably a further tie-in would eventually be required by extending
the lC" line out Delray Road as far as Military Trail, thence south
along Military Trail to tie-in again with the line on Lowson Blvd.
"The entire length of the presently proposed main extension would
lie along the route suggested by Smith & Gillespie.
8
173
JUNE 2?th, 1960.
"Attached is a rough sketch, not to scale, showing in heavy black
the proposed main extensions - in dotted lines, the present or exist-
ing water mains and in light solid black the future tie-ins referred
to above."
Following general discussion and explanation of past policy by
Director of Public Works, M~. Harbison moved, subject to the approval
of the City Attorney, to go along with the recommendation as suggested
that is on the basis of three and one half times the anticipated annual
revenue, authorizing the City Manager to approach the petitioners and
indicate the city*s position. The motion was seconded by M~. Thayer.
~p0'n~¢~l..~f~o~?~i~ ~arbison, Mr. Thayer, Mr. Warren & Mayor Sundy
voted in favor of the Motion, Mr. Campbell being opposed.
On J~ne 13th the Council tabled for study the request of the
developers of Tropic Palms S/D to include Plats i and 4 to the Water
Agreement they have with the City of. DelraY Beach. Following consul-
tation between the City Manager, City Clerk, City Attorney and officials
of Tropic Palms developers and Delray Beach Utilities Company, Addendum
No. Two to the Water Agreement was prepared by City Attorney Zimmerman.
City Clerk Worthing read the addendum as follows:
ADDENDUM NO. TWO TO WATER AGREEMENT.
"Whereas, on the 1st day of June, 1959, the City of Delray Beach,
a municipal corporation in the State of Florida, and South Coast
Development Corporation and Tropical Palms, Inc. ( the latter two
corporations now known as Mellon Land Corporation by merger on May 25,
1959, all being Florida corporations) entered into a water agreement
pertaining to water rights in Plats two (2) and three (3) of Tropic
Palms, a subdivision that was annexed to the Ctty~ of Delray Beach,
which water 'agreement was modified so that additional feeder lines
would be provided when the limitations set forth in said modification
were reached, it is hereby agreed by all parties to the original
water agreement that the folloWing additions to said agreement and
modification thereto (in fact Addendum No. one,although not so named)
will be mutually beneficial, and will become part of the original
contract agreement entered into between the parties:
WITNESSETH
"Ail parties agree that Plats one (1) and fou~ (4) of Tropic
Palms Subdivision will be .added to ~he original water agreement
together with all rights and liabilities accruing, to all parties
and assignees.
"It is agreed that the City of Delray Beach, Florida, will make
meter installations for residents of Tropic Palms as it would for
other citizens of Delray Beach with the understanding that the meters
would revert to the City in accordance with the provisions of the
City Code of Ordinances.
"It is further agreed that all water installations of any kind
or nature will be built and/or installed according to City specifi-
cations with the approval of the City,s Director of Public Works,
who will be given an opportunity to inspect the premises, so that
the City and the developers will be able to work in conjunction as
the property in Tropic Palms is developed.
"It is agreed that the City of Delray Beach will not be liable
in any way to the parties to this agreement or their assignees, and
will be indemnified for any damages incurred by the City if the
feeder line proposed to be installed along Lindell Boulevard connect-
lng with the City water supply should prove to be insufficient to
supply water to the residents of Tropic Palms for their normal use
or in the event of an emergency such as fire. If the City water
supply is not sufficient where the Lindell Boulevard water line would
connect to the City water supply, the developers who are parties to
this agreement and their assignees agree to install additional feeder
lines, consulting the Director of Public Works of the City of Delray
Beach as to where the City has the greater water supply available.
"This Addendum Number two (2) was entered into and signed on
the __ day of , 1960.
juNw. 2?th, 1960.
CITY OF DELRAY BEACH
(SEAL)
_ _ ._ ~.MaYOr -- -'-'-:",-~.. - . , ,
ATTEST:
MELLON LAND CORPORATION
ATTEST: P~esident .........
AS~Sistant S ec~-etarY - __. _
Upon question, Attorney Zimmerman stated that the addendum was
prepared in an attest to satis2y some of the questions that were
~aised at the last meeting. City Clerk Worthing also read the
following two letters f~om the De~ay Beach Utilities, Inc., dated ~
J~e l~th:
"In appreciation fo~ your cooperation in the past, we hereby g~ant
pe~ssion to the City of Delray Beach the ~i~t to install wate~
meters ~d pipe from the meter to the ~in lines in Sections 1, 2,
3 ~d 4 of the subdivision ~o~ as T~opic Pa~. This is being
done so that ~i2o~m costs 2o~ mete~ installations will be in
e~st~ce t~ou~out the City of De~ay Beach.
"~is is not to be construed to reflect ~y othe~ c~ges in the
wate~ agreement between the City of De~ay Beach ~d Mellon L~d
Corporation, or its assignees, dated J~e 1, 1959~ o~er th~ the
"At the Council meeting held on June 13, 1960 several residents of
Tropic Pa~s Subdivision ~aised obJectio~ to the charges for wate2
mete~ installations ~eceived f~om Del~ay Beach Utilities, Inc.
"Ou~ records indicate that, as of .the above date, we have not ~e-
ceived pa~ent f~om ~y of these residents for their subsequent
mete~ installations. In the event ~y monies ~e ~eceived, they
will be ~etu~ned until an agreement Is reached with the Ci~
officials conce~ni~ possible revisions in the p~esent wate~ agreement?
Followi~ general discussion, ~. C~bell moved to tender Addendum
No. 2 to the Wate~ A~eement to the officials of T~opic pa~ S/D
fo~ thei~ ~eaction before the Co~cil takes ~ action on it. The
motion was seconded by ~. Ha~bison and c~ried ~lmously.
Regarding the claim of Ruth ~loy that the City caused he~ to
lose her home, the City Attorney submitted the following memo~and~
to the Council ~te~ ~ing a detailed study of s~e as ~equested by
the Council on June 13th.
"I have exa~ned the files of ~th Maloy pertaining to the loss
of her home as the ~esult of a law suit being b~ou~t against her b~~
First Federal Savings ~ Lo~ Assn. of West Pa~ Beach. On J~ua~ 6,
1958, Circuit Court Judge J~es ~ott grated First Federal a Su~y
Final Decree on the basis that the~e was no genuine issue of fact ~d
that the defend~t a~itted owing the note ~d mortgage, ~d fu~ther~
that the note ~d mortgage were in default. I have e~ined the
letter sent by City Clerk Robert Worth~, ~d find that there was
absolutely no duplicity, that t~ i~o~mation he supplied was based
upon t~ ~ecords, ~d t~t such i~o~ation is open to the public.
I would co,end ~. Wo~thing fo~ his efforts in attesting to apprise
the public when their taxes ~e due, so that thei~ property need not
be burdened by t~ liens caused by unpaid t~s. I find that the
City is in no way involved in the suit between ~s. Maloy ~d First
Federal of ~B, and t~t t~ City is not liable to ~s. Maloy."
~. C~bell moved that t~s ~e~o~t be ~de a p~t of the per~nent
city ~eco~ds. The motion was seconded by ~. Thaye~ '~d carried
un~ously.
10
27t , 1960. 175
City Manager Mingle presented bills for approval in the amounts
of:
General Fund $70,466 80
Water Fund - Operating Fund 2,283 ~61
Beach Disaster Fund 54.63
Mr. Harbison moved that the bills be approved, the motion being
seconded by Mr. Campbell and carried unanimously.
City Manager Mingle presented a bill for services from Attorney
Zimmerman in the amount of $20.00 for appearing as City Prosecutor
in the P~uyser Assault and Battery Case. It was moved by Mr.
Harbison, seconded by Mr. Campbell and carried unanimously that
the $20.00 bill from the City Attorney be allowed.
Mr. Campbell moved that the Council accept the reco~endation
made by Kenneth Jacobson the architect on the proposed City Hall
as to the location of the building together with the proposed
location of the Civic Center, showing the two buildings in front
alignment to N. W. 1st Avenue, further that the Boy Scout Council
be notified of the Councilts desire to remove the wing running
East and West about fi£ty feet in length but in turn the City
would replace as much of the lost space by additional building
as could be brought about with an expenditure of not to exceed
$10,000.00, this money to ~be paid by the city and to be used to
repair the present ~orth and South wing and the balance to be
put into additional space as their requirements may indicate.
The motion was seconded by Mr. Thaye~. Following general dis-
cussion and upon call of roll Mr. Campbell, Mr. Thayer and Mr.
Warren voted in favor of the motion, Mr. Ha~btson and Mayor Sundy
being opposed.
The meeting was adjourned at 10:20 P.M. on motion by Mr.
Harbison and seconded by Mr. Thaye~.
ROBER D. ORTHmG
CityC ............... lerk
APPROVED:
MAYOR
ll
JUNE 27th, 1960.