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07-25-60 195 JULY 25th, 1960. A regular meeting of the City Council of Delray Beach was held in the Council Chambers at 8:00 P.M., with Mayor Glenn B. Sundy in the Chair, City Manager George Mingle, City ~ttorney Richard F. Zimmerman and Councilmen Dugal G. Campbell, Charles H. Ha~bison, John A. Thayer and George V. Warren being present. An opening prayer was delivered by M~. G. Ben Hammett. On motion by M~. Campbell, seconded by M~. Harbison and unani- mously ca~ried the minutes of July llth, 1960 meeting and July 14th, ~960 special meeting were approved. City Clerk Worthing read the following bids for galvanized pipe and copper tubing and recommended that the low bid on each item be accepted: GA~V. PIPE.. T&C CO?PER TUBING. _TYPE K 3000' of 2" 1000'~ 3/~" ~ 300' !" Gulfstream Pipe & Supply $1,395.60 Charles Sales Corp., 1,411.41 155.74 247.20 162.45 Penninsular Supply Co., 1,430.40 156.90 2?0.00 168.66 Monmouth Plbg. Supply Co., 1,43~.83 158.16 252.18 157.47 Davis Meter & Supply Co., 1,575.00 185.60 288.00 177.00 Farquhar Machinery Corp., 1,666.40 178.70 280.08 174.57 Mr. Campbell moved that the low bid be accepted as recommended. The motion was seconded by Mr. Harbison and unanimously carried. City Clerk Worthing stated that Councilman Thayer had requested that bids be received for air conditioning of the sleeping quarters and the fire chiefts office on the 2nd floor of the central fire station and the following bids were received for same: Island Sales & Service $1,963.95 Henderson & Holloway Inc. 1,978.00 MacEachron Refrigeration Service 1,987.50 Upon question Fire Chief Gregory did not make any recommendation on the bids quoted above, but still recommends that the low bid submitted on April 29th be accepted since the money had been budgeted for same. Following discussion Mr. Harbison moved to re-advertise for bids for air conditioning the entire second floor of the Central Fire Station. The motion was seconded by Mr. Campbell and upon call of roll Mr. Campbell, Mr. Harbison, Mr. Warren and Mayor Sundy voted in favor of the motion, Mr. Thayer being opposed. City Clerk Worthing then read the following addendum to the Water Agreement with the South Coast Development Corporation and Tropical Palms, Inc. "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 agree- ment pertaining to water rights in Plats two (2) and three (3) of Tropic Palms, a subdivision that was annexed to the City of Delray Beach, which water agreement was modified so that additional feeder lines would be provided when the limitations set forth in said modi- fication were reached, it is hereby agreed by all parties to the original water agreement that the following additions to said agree- ment 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 as if originally incorporated therein: JULY 25th, 1960. "WITNESSETH "l. All parties agree that Plats one (1) and four (4) of Tropic Palms Subdivision will be added to the original water agree- ment together with all rights and liabilities accruing to all psmties and assignees. "2. It is agreed that the City of Delray Beach, Florida, will make meter installations and service connections for residents of Tropic Palmm as it would for other citizens of Delray Beach and at the same rates with the understanding that the meters shall remain the property of the City of Delray Beach. "3. It is further agreed that all water installations of any kind or nature will be built and/or installed according to City specifications 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 con- junction as the property in Tropic Palms is developed. "$. Mellon Land Corporation agrees that it will commence con- struction of a 16 inch water main from the northerly limits of Tropic Palms Plat No. 4 along the route shown on the map attached hereto as Exhibit A and made a part hereof to connect with the City of Delray Beach water plant lines where shown on said Exhibit A within thirty (30) days from either the installation of one hundred fifty (150) residential water meters or the attainment of an average domestic water consumption rate of three hundred (300) gallons per minute over an eight (8) hour period. The City of Delray Beach shall notify Mellon Land Corporation when either of the above conditions are met and Mellon Land Corporation shall have thirty (30) days from such notice to commaence construction. Completion shall be within a reasonable time from commencement of construction. Construction methods and materials used shall be in accordance with City of Delray Beach specifications. Mellon Land Corporation shall advance all of the costs for the purchasing and installation of this said 16 inch water main and the City of Delray Beach shall repay Mellon Land Corporation for all of these said costs, provided said costs be first approved by the City of Delray Beach, by Daying to Mellon Land Corporation all surplus water revenuesre, ceived by the City from the lands shown on Tropic Palms Plats l, 2, 3 and 4 until the entire advance by Mellon Land Corporation is repaid, such surplus to be determined in accordance with Ordinance G"265 of the City of Delray Beach, Florida, passed July 5, 1957. "This Addendum number two (2) was entered into and signed on the 25th day of July, 1960. CITY OF DELRAY BEACH ATTEST: MayOr ~ MELLON LAND CORPORATION (SEAL) _~..s/ ....... Henry J. Mellon_ ...... P~eSident - ATTEST: ts/ Sidney E. Harris _ - ASsistant -SeCreba~Py ~- .... APPROVED: RICHARD F. ZIMMERMAN, CITY ATTORNEY" Following general discussion Mr. Warren moved that the Addendum No. Two to Water Agreement be adopted. The motion was seconded by Mr. Thayer and upon call of roll Mr. Thayer, Mr. Warren and Mayor Sundy voted in favor of the motion, Mr. Harbison being opposed and Mr. Campbell abstained from voting. 197 JULY 2$th, 1960. On July 14th the Council tabled for study the petition fram Delray Industrial Properties, Ltd. for annexation of approximately l?0 acres of land in Sections 19 and 30, Township 46 South, Range 43 East. City Clerk Worthing read the following petition for annex- ation, also a letter from Attorneys, Byrd & Whitley and reports from the Director of Public Works and Planning/Zoning Board: "PETITION AND CONSENT BY OWNER OF LANDS FOR THE CITY OF DELRAY BEACH, FLORIDA TO ANNEX SAID LANDS INT0 C .0RPORATE LIMITS. "TO THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: "WHEREAS, DELRAY INDUSTRIAL PROPERTIES, LTD., hereinafter called ~:Petitionert~ is the owner of certain lands located in Sections 19 and 30, Township 46 South, Range' 43 East, more particularly described and identified upon Exhibit manked ,1t', attached hereto and made a part hereof, and as shown upon the sketch or map attached hereto marked Exhibit ~'2~', which lands are unincorporated and are lying contiguous to the existing territorial limits of the City of Delray Beach, County of Palm Beach, Florida; and "WHEREAS, said petitioner is desirous that said lands be annexed and incorporated into the corporate limits of the City o£ Delray Beach, Florida upon the terms and conditions hereinafter set forth; and "WHEREAS, the City of Delray Beach is authorized to annex lands under the provisions of Chapter 27,510, Special Laws of Florida, Acts of 1951, as araended, where the owners thereof consent thereto and such lands are contiguous. "NOW, THEREFORE, the undersigned petitioner hereby petitions the City of Delray Beach, Florida to annex the said lands described in the attached Exhibit 'l't upon the following terms and conditions: "l. ZONING .... a. Parcels ~G' and 'H", as shown upon attached sketch (~'colored red), shall be zoned in District 'R-3', as defined by existing ordinances of the City. "b. Parcel '.ti~, as shown upon attached sketch (colored blue), shall be zoned in District 'C-3', as defined by existing ordinances of the City. "2. ROADS AND HIGHWAYS a. Petitioner will deed to the City of Delray Beach a 60 foot right of way extending from the North boundary of Parcel 'G', Southerly across Parcels 'G' aNd,H, to the North right of way line of Ge~mantown Road. Said road or right of way shall be an extension of and shall be known as 'Southwest 20th Avenue'. (Copy of deed conveying said right of way marked Exhibit '3', is attached hereto and made a part hereof). "3. TAXES a. In consideration of petitioner's consent to annexation and conveyance of 60 foot right o£ way, as above set forth, and since municipal services will not accrue to said lands until such time as development is undertaken and completed, said lands shall not be liable for ad valorem taxes for a period of seven (?) years from the date hereof, except in the following events and under the following circumstances: "(1) In the event any parcel or lot is sold, transferred or otherwise disposed of, or in the event buildings or structures (except temporary real estate offices) a~e constructed on any parcel or lot, then such parcel or lot shall be subject to normal taxation., including debt service levy for the bonded indebted- ness of the City of Delray Beach, Florida. It is clearly understood that no. lot or parcel shall be deemed sold o~ transferred when conveyed by the undersigned petitioner to Sherwood Park Developers, Inc., or to Roy L. Calamia. 199 JULY 25th, 1960. ,(2) In the further event any poz'~ion of the lands described upon attached Exhibit t l, are platted or subdivided, the tax moratorium aforesaid shall hemain effective and in full force, subject to the conditions of sub-para- g/raph (1) of this paragraph 3.; except, provided, when $o% of the lots shown upon such plat or subdivision are sold, such moratorium shall cease and terminate as to those platted lots remaining unsold and thereupon each of the remaining unsold lots, as shown upon such plat, may thereafter be taxed at an annual tax not exceeding $10.00 per lot for the remaining unexpired portion of said seven (7) year moratorium. "(3) At the expiration of seven. (7) years from the date hereof, all lands herein described upon the attached Exhibit '1', shall become subject to normal taxation, including the debt service levy for the bonded in- debtedness of the City of Delray Beach, Florida. "4. ORDINANCES AND JURISDICTION a. Acceptance of this petition shall be by Ordinance annex- ing the lands described in Exhibit '1' and containing the terms and conditions herein set forth. Thereupon, Petit- ioner understands and agrees said land will be subject to all the laws and Ordinances of the City of Delray Beach, Florida as are now existing, and as may be lawfully enacted or amended and changed in the future. "And petitioner does hereby consent and give its permission to the City of Delray Beach, Florida to have said lands annexed and in- cluded within the corporate limits of said City upon the foregoing terms and conditions. "IN WITNESS WHEREOF, said petitioner has caused these presents to be signed in its name by its President, and its corporate seal to be affixed, attested by its Secretary this ..... _~day of July, 1960. (Corporate Seal) DELRAY INDUSTRIAL PROPERTIES, LTD. Attest: By ............. i't'~" 'S¥ore~a?Y '" .... .... -~-Its PreS:1-~dent-' Signed, sealed and delivered in the presence of: ~'s t'o ~eginald N"~we~e~ - ) As'~to F~anois K. Bu~kley~' "BYRD & WHIT~.EY ATTORNEYS AT LAW July 20, 1960 "City Commission Delray Beach, Florida "Reference proposed petition from Delray Industrial Properties Ltd. for annexation of lands in Sections 19 and 30, Township 46 South, Range 43 East. "The petitioner has authorized us to advise that the petition will be revised to include the following provisions: "l. Petitioner will construct, at its expense and in compliance with City specifications, a 24 foot paved roadway from Lowson Boulevard to to Germantown Road if, as and when such construction is needed for development put'poses; said roadway to be constructed in the 60 foot right of way to be deeded to the City. 1,99 JULY 25fh, 1960. "2. The petitioner will install~ at its expense, an 8 inch water main in the 60 foot right of way to be deeded to the City extending from Lowson Boulevard southerly to Germantown Road if, as and when such main is needed for development purposes. "If the above proposed additions to the petition for annexation are approved the petition will be rewritten to include said provisions before it is executed on behalf of the petitioner, Delray Industrial Properties Ltd. Respectfully yours, BYRD & WHITLEY /s/ Rhea Whitley" "MEMORANDUM July 21, 1960 "To: City Manager "Subject: Petition for annexation from Delray Industrial Properties Ltd. '~ study of the water requirements for the subject property, as re- quested by the Council in its meeting of July 14th, indicates that the area will be amply served as to industrial and fire requirements by an 8" main extension, which can be taken off of the existing lC" main on Lowson Blvd. "Attached is a letter from M~. Calamia stating that the water main extension to serve this area, or any sub-divided portion thereof, will be provided entirely at his expense and also stating that the paving of the extension of SW 20th Avenue from Lowson Blvd. to Germantown Road would be performed at his expense. "With this understanding, the provisions of Ordinance G-285 will amply provide for the construction of any additional water lines or streets, as well as all other required facilities at the time the preliminary plat of any proposed sub-division in this area is presented to the Council for approval. /s/ Mark C. Fleming Director of Public Works" "PLANNING/ZONING BOARD July 25th, 1960 To CITY COUNCIL: "The Planning Board, with a quorum being present, met at 3:30 P.M., Friday, July 22nd, and unanimously approved the proposed ZONING of lands as requested in 'Petition~ for annexation of certain lands described therein and submitted by Delray Industrial Properties, Ltd., said lands being located in Sections 19 and 30, Township 46S,, Rge. 43E., and more particularly identified upon a sketch marked EXHIBIT '2' which is attached to the Petition. /s/ Paul S. Knowles, Cham. PLANNING/ZONING BOARD" Following lengthy discussion regarding taxation, Mr. Campbell moved that this matter be tabled for further study and discussion. The motion was seconded by M~. Thayer and carried unanimously. City Clerk Worthin6 read the following letter from Ralph D. Priesmeyer dated July 18th: "During the past'year I have been using a small aluminum trailer for storage and construction office purposes. Though it is equipped for camping, its sleeping and cooking facilities have not been used with- in the city limits of Delray Beach. It has been used as an office at the job site during construction of apartments on N. E. 7th Ave. and has been stored on property which I own in the industrial (C-3) zone when not in use. "Last Thursday, July 14th, I was ordered to remove this trailer from the above mentioned construction site by the Delray Beach Police Department, an order With which I have complied. 200 JULY 25±h, 1960. "I am familiar with the local 'Trailer Ordinance', and though I am in accord with the thought that Delray Beach does not want trailers scattered through the residential areas of the City as laving quarters, I do not believe that the ordinance was intended to be as restrictive as has been demonstrated in this instance. "In View of the fact that the use of trailers for purposes similar to mine is a growing use by others, I believe that you should con- sider a modification or broader interpretation of this ordinance." Mr. Thayer moved that the Ordinance regarding trailers be re- ferred to the Planning Board for their study and recommendations as to any changes that might be made to it. The motion was seconded - by Mr. Harbison and carried unanimously. Mr. Warren stated that he would like to make an expression to the newspapers along that line regarding numerous articles in the paper the last couple of weeks where a couple of the heads of depart- ments and the administrative office have probably given the impression that the Council was entering into the administration in makitg decis- ions, which was not the case at all but Just an interpretation of the existing ordinance regarding trailers. Mr. Thomas Bruder objected to there being any change in the ordinance regarding trailers. City Clerk Worthing informed the Council of a letter having been received regarding paving of N. W. 7th Avenue from Atlantic Avenue to Second Street. Mayor Sundy informed City Clerk Worthing that if a petition for said street improvement was made by the property owners involved that it would receive consideration. City Clerk W°rthing then read RESOLUTION NO. 1259. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUIRING PLANS, SPECIFICATIONS AND ESTIMATE OF COST TO OPEN, GRADE AND PAVE THAT PART OF NORTHEAST FIFTH STREET LYING BETWEEN NORTHEAST FIFTH AND SIXTH AVENUES. WHEREAS, the City Council of the City of Delray Beach, Florida, may deem it to be necessary for the safety and convenience of the public to open, grade and pave that part of Northeast Fifth Street lying between Northeast Fifth and Sixth Avenues to a width of Twenty- four (24) feet, the City .of Delray Beach, Palm Beach County, Florida, to share in the cost of such improvement with 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 ~ity Manager be required to submit plans, -~' specifications and an estimate of the cost of such improvement to be made, and that the same shall he placed on file in the office of the City Manager. PASSED AND ADOPTED by the City Council of the-City of Delray Beach., Florida on this the 2$th day of July, A.D.,'1960. .lsl ENN B,. SU DY "j It was moved by Mr. Harbison, seconded by Mr. Thayer and unanimously carried that Resolution No. 1259 be passed and adopted. City Clerk Worthing then read RESOLUTION NO. 1260, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ORDERING THE OPENING, GRADING AND PAVING OF THAT PART OF NORTHEAST FIFTH STREET LYING BESMEEN NORTHEAST FIFTH AND SIXTH AVENUES, TO A WIDTH OF TWENTY-FOUR (24) FEET. WHEREAS, the City Council of the City of Delray Beach, Florida, did, on the 25th day of July, 1960, adopt Resolution No. 1259 ordering 201 JULY 25th, 1960. the City Manager to prepare plans and specifications, together with estimate of cost of opening, grading and paving of that part of North- east Fifth Street.lying between Northeast Fifth and Sixth Avenues, to a width of twenty four (2%) feet, and requiring said plans, specifi- cations and estimate of cost of such improvement to be placed on file in the office of the City Manager, and WHEREAS, the City Council deems it to be necessary for the safety and convenience of the public to open, 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 following described improvement, to-wit; To Open, Grade and Pave that part of Northeast Fifth Street lying between Northeast Fifth and Sixth Avenues, to a width of twenty-four (24) feet, the total cost, as estimated, for such improvement being $2,400.00. 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 the City of Delray Beach paying Twenty (20) per cent of the cost of said improvement and the abutting property owners, said properties shown below, paying Eighty (80) per cent of said total cost. SUB-DIVIS ION LOT Hofman Addition Lot 8 less W 10'. " " W 48.9' of Lot 31. " " Lot 31 less W 48.9' & less E 5'. Haller& Grootman Lot I less W 10'. " " Lot 18 less E 5'. ~aid benefits to be determined and prorated according to the front footage of the respective properties as set forth immediately above. BE IT FURTHER RESOLVED that said special assessments against all the parcels of lands as set forth above which are specially benefited, 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) per cent per annum, and which may be paid in three (3) equal yearly installments with accrued in- terest on all deferred payments. Payment shall be made at the same place that taxes payable to the City of Delray Beach, Florida, are paid, namely the office of the City Tax Collector, and upon failure of any property owner to pay the annual installment due, or any annual interest upon deferred payments, the City of Delray Beach may bring necessary legal proceedings by a Bill in Chancery to enforce payment thereof with all accrued interest, together with all legal costs incurred, including a reasonable attorney'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 shall sit at the C~ty Hall in the City of Delray Beach, Florida, at 8:00 P.M., on the ~th day of August, 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 25th day of July, 1960. /s/ GLENN B RSUNDM .......... 0 It was moved by Mr. Campbell, seconded by Mr. Harbison and unanimously carried that Resolution No. 1260 be passed and adopted. On July 3]4th the Counoil asked that a Resolution be prepared to provide setback requirements that would conform with county needs and JULY 25th, 1960. specifications as requested by the Board of County Commissioners, therefore RESOLUTION NO. 1261 was prepared. . - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, SHOWING INTENT 0N MUNICIPALITY OF PROVIDING ..SETBACK REQUIREMENTS CONFORMING WITH COUNTY NEEDS AND SPECI~ICATIONS. WHEREAS, The County Commissioners of Palm Beach County, Florida adopted a resolution on June 27, 1960, urging municipalities in Palm Beach County to adopt suitable setback requirements so that building permits will not be granted for construction work which in - the future will require the purchase or condemnation of poztions of improved property which could have been prevented by proper setback requirements, and WHEREAS, the City Council of the City of Delray Beach desires to cooperate with the County Commission of Palm Beach County, Florida, for the general welfare of the residents of Delray Beach, and Palm Beach County, NOW, THEREFORE, BE IT RESOLVED BY TEE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS' FOLLOWS: 1. That the City Council of the City of Delray Beach, Florida establish setback requirements on County roads within the City that conform to the setback requirements as specified by the Board of County Commissioners of Palm Beach County, Florida. PASSED AND ADOPTED in regular session this 25th day of July,1960. .B. S VD¥: :.- ' MAY O-R It was moved by Mr. Harbison, seconded by Mr. Warren and unanimously carried, to adopt Resolution No. 1261. City Clerk Worthing informed the Council of a survey report from the Fire Department listing various properties in violation of Section 15 of the Code of Ordinances and then read RESOLUTION NO. 1262 which listed said properties. A RESOLUTION DECLARING CERTAIN LANDS IN THE CITY OF DELRAY BEACH, FLORIDA TO CONSTITUTE A NUISANCE IN VIOLATION OF CHAPTER ~5 OF THE CITY CODE OF ORDINANCES. It was moved by Mr. Campbell, seconded by Mr. Thayer and unanimously carried to adopt Resolution No. 1262. (Copy of Resolution No. 1262 is attached hereto and made ' a part of the official minutes) (See Pages 206-A thru 206-F) City Clerk Worthing then read ORDINANCE NO. G-363. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING SECTION IV OF ORDINANCE NO. G-345, WHICH PROVIDED FOR A ZONING MORATORIUM BETWEEN MAY 1st AND NOVEMBER 30th OF ANY .YEAR, AND PROVIDING FOR ZONING CHANGES TO BE HEARD AND ACTED UPON ON A YEAR-ROUND BASIS. WHEREAS, the City Council of the City of Delray Beach, Flor!d~t, ~.ha believes the need for a zoning moratorium no longer exists, it would be for the benefit of the City and its residents if zoning changes were heard and made all during the year, rather than just during the months of December through April; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: SECTION 1. That Section IV of Ordinance No. G-3~5 providing for a moratorium on zoning changes between May 1st and November 30th' of any year is hereby repealed, so that petitions for zoning changes., ~IULY 25th, 1960. amendments and re-classifications will be heard and acted upon throughout the entire year, and that Chapte~- 29 of the Code of Ordinances of the City of Del~ay Beach is amended to read ac- c ordingly. PASSED AND ADOPTED on the 2~th day of July, 1960. ./~/~ -~ GLENN B.. SLrND¥ MAYOR - M~. Adgate Lipscomb objected to the Zoning moratorium being done away with. There being no further objections to Ordinance No. G-363 it was moved by Mr. Harbison and seconded by M~. Thayer to adopt said ordinance on second and final reading. Upon call of roll, Mr. Campbell, M~. Harbison, M~. Thayer and Mayor Sundy voted in favor of the motion, Mr. Warren being opposed. City Clerk Worthing then read ORDINANCE NO. G-364. AN ORDINANCE DECLARING THE INTENTION OF THE CITY OF DELRAY BEACH, FLORIDA, TO ANNEX PART OF SEACREST BLVD AND LOTS NOS. TWO, THREE AND FOUR, BLOCK "C" · LAEE HEIGHTSj AS IN PLAT BOOK 23 AT PAGE 206, IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA· WHEREAS, it is deemed for the best interest, safety~ health, and general welfare of the citizens of the City of Delray Beach, Florida, and the owners of the above-described real property that said lands be annexed to the City of Delray Beach; and WHEREAS, said lands are contiguous to the present boundary of territorial limits of the City, and that, when annexed, it will constitute a reasonably compact addition to the incorporated territory with which it is combined; and WHEREAS, there are less than ten freeholders contained in the area which is to be annexed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That in accordance with Sec. 18~ of the Charter of the City of Delray Beach, upon the expiration of l~ days from the final passage of this ordinance, the City of Delray Beach shall by ordinance annex the following described lands, making them a part of the corporate limits of the City of Del~ay Beach, Florida: That part of Seacrest Blvd commencing at the intersection of the North line of the S~ of the NE~ of the SW~ of the SW~ of Section $-46-43 with the easterly right-of-way line of said Seacrest Blvd for point of beginning; thence run northerly along the easterly R/W line of Seacrest Blvd to the S~ corner of Lot 7 in Seacrest Subdivision, Plat Book 2~, Page 3; thence continue northerly along said easterly R/W line of Seacrest Blvd a distance of 662.33 ft.; thence westerly, on a line parallel to the Quarter Section line of Sec. ~-46-$3, to a point on the westerly line of said Seacrest Blvd which point is 2~ ft south of said Quarter Section line of Sec. 4-46-43; thence southerly along said westerly R/W line of Seacrest Blvd to a point of intersec- tion with a westerly extension of the north line of the S~ of the NE~ of the S~ of the SW~ of said Sec. thence easterly along said projected westerly extension of the N line of S~ of NE¼ of S~ of SW~ of Sec. 4-46-43 to the P. O. B., also Lots Nos Two (2), Three (~) and Four (4), Block "C" LAKE HEIGHTS, as in Plat Book 23, Page 206, public records, Palm Beach County, Florida. Section 2. That this Ordinance shall be published in full once a week for two consecutive weeks in the Delray Beach News Journal· 9 JULY 25th, 1960. Section 3. Qualified obJector~ may object to such annexation within the time and in the manner provided by Section 185 of the Charter of the City of D. elray Beach, Florida. Section 4. Should any section, clause or provision of this Ordinance be declared by a Court of Competent Jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole or any part thereof, other..'tha_u that part so declared to be invalid. Section 5. This Ordinance shall be in full force and effect immediately u~on its final passage and publication in a newspaper published in elray Beach, Florida. . ORDINANCE PASSED in regular session on the second and final reading on this the twenty-fifth day of July, 1960. _~ /s/ GLENN. B. SUNDY MA yOR-:~ : --:- ........ There being no objections to Ordinance No. G-364 it was moved by Mr. Campbell, seconded by Mr. Harbison and unanimously carried to adopt said ordinance on second and final reading. Mr. Thayer reported that 'the Street Numbering Committee composed of himself, Commissioner Harbison, Building Inspector Hughson, City Manager Mingle, and Messrs. Clifford Baxter and Sam Allen of the Post Office, together with the Chief of Police and the Fire Chief, had met and discussed the existing Street Numbering Ordinance and recommend Some changes to said Ordinance, and it is expected that an amendment will be ready to submit to the Council at the next meeting. ~ Mayor Sundy then asked for the report from the City Manager on the Industrial Commission requested at the last council meeting. Mr. Mingle reported that as a liasion member, representing the city, he has attended the meetings of the Industrial Committee of the Chamber of Commerce; and, it is his recommendation that the City Council work cooperatively with this committee. He then read a suggested statement of policy which he had .prepared for council consideration as follows: "The City of Delray Beach has all the municipal conditions and services available to industry. In a series of steps designed to provide strong, basic planning and development, the City Council and the Planning Commission have had outside technical assistance to develop a land use plan, re-zoning ordinances, and engineering to complete a Master Plan. The Delray Beach Chamber of Commerce has made a comprehensive study of community attitude toward in- dustry, engineering report and industrial survey, and. developed facts concerning availability of suitable industrial sites. "The City Council joins with the Chamber of Commerce and the community in inviting industrialists to consider locating their industries in Delray Beach. The City Council has established a policy stating they will promote and assist in establishing in- dustry in this city. They will be open to offers from industry and will provide some assistance and financial break to the industrial project." Discussion followed, with Mr. Car~pbell expressing the opinion that the city should go on record as to what they will do to help the efforts of the Chamber of Commerce in this endeavor in order to permit the Chamber of Commerce to discuss this with prospective industrialists. Mr. Campbell expressed his feeling that the Industrial Commission type of operation had been found to be success- ful in many towns which have tried to jentice industry. Mr. Campbell then moved that the City Council g°~ on record as favoring an In- dustrial Foundation. Mr. Harbison seconded the motion, which carried unanimously. Mayor Sundy thanked City Manager Mingle for his work and devotion of time to the Chamber of Commerce Industrial Committee. lO July 25th, 1960. 205 City Manager Mingle presented bills for approval in the amounts of: General Fund $71,211 Water Fund - Operating Fund 1,901.24 It was moved by Mr. Harbison that these bills be paid. The motion was seconded by Mr. Thayer and unanimously carried. Mayor Sundy appointed City Clerk Worthing, City Attorney Zimmerman and Mr. Curtis Dodson as a committee, recommended by Paul Knowles Chairman of the Planning/Zoning Board, to work on the westward expansion of alleys along Atlantic Avenue from Swinton Avenue to the Seaboard Railroad to check into the possible procurement of rights-of-way. The meeting was 'adjourned at 9:$0 P.M., on motion by Mr. Harbison and seconded by Mr. Thayer. R., p. City Clerk APPROVED M~YOR 11 3'~z'1¥ ~.5t:b, :;1.960, 206-A JULY 2~th, 1960. RE~0LUTION NO. 3.~.6~. A RE~0~UTION DECLARING CERTAIN LANDS IN THE CITY '0~ DE~Y BEACH, FLORIDA, TO CONSTITUTE A NUISANCE IN VIOLATION OF CHAPTER l~ OF THE CITY CODE OF ORDINANCES. ~ttEP~, Chapter 15 of the City Code and Ordinance No. G-!47 of the City~of Delray Beach, Florida, decl. a~es all lands in the $!ty not kept free £rc~ debris, vegetation (including trees) or other matter, Which may become a dar~er in time of hu~ricane, and f~om weeds exceeding in height of 15 inches, and from filth and trash, co, n~titute a nuisance; and ~E~EA~, pursuant to said Ordinance, the Chief of the Fi~e Department of Del~ay Beach, Florida, has made a survey report, in ~iting, to thel City Manager, describing certain lots or parcels ld in said Cllty and more specifically described herein, where- ~$ndltions such as specified in Chapter 15 of the City Code an~ o~d.$$ce G-l~?'exiet~ and ~HE~, the City Council of Delsey Beach, Florida, after consideration of said sur~ey report, is of the opinion that a prima faele Case showing the followin~ lands constitute a nui- sauce within the provlsion~ of said Cha~ter 1% of the City Code and Ordinance ~efeP~ed to NOU, TH~0RE, BE IT RF~0~VED that the existence of a nuisance Be,. '~d the same is he~eb~ declared, upon the following described~ I~tS'~ or j~ar~els of land for violation of the provisions of sa.id'.ChaP~a~ l~of the City Code and Ordinance G-~147 as speci- fied af~e~ ,a~h description, and the City Clerk of the City of Delsey ~each~ FlOrida, is' directed to fu~sh the owners of each parcel of la~d, as hereinafter set forth, a notice in accordauce with Section_.' 6 of Said 0rdinance~ and t~_.at the City Council will sit on the ~th day of August, 1~0, at ~.00 P.M., at the City Hall ~' in Delsey Beach, _Ftorida~ for the. purpose of allowing said owners to show. cause, if ar~ they can, why said nuisance should not be abated. Ernest ~. Cspen ~6 B~oadway ' Lot ~1, Block New Yo~k ~, N.Y. Seagate Extension Charles R. Risdon, ~33 Ridge Road ~ 50~ of Lot 39 & Jr. Grosee Points Farms, E. ~5~ of Lot 40, Block Mich. ~, Seagate Extension. Ms~-y L. Plym Eawneer C o.- W ?~ ~ of Lot 40, o/o Law~ence ~. Plym Niles,Mich. Blk..%, Sea,ate Extension. Robert Lees 4~6 Waverly Road Lot 6, Block 4, Glenside, Pa. Seagate Extension Helen Ro Webster ~416 Ha~perI Ave. Lot 4, Block 4, ChiCago 15, Ill. Seagate Extension. Edgar M. ~r. & P.O. Box~ 3028 Lot 2, Block ~, Flopence Tutwller Charleston, W. Va. Seagate Extension. Lewis E. &Leva D. 1016 E. Wilshire Ave.. Lot 1, Block Robinson Fullerton, Calif. Seagate Extension. Bayview Limited c/o Hallett, Whitney Lot ~2, Block & Pat~on. Seagate Extension. Hamilton, K.~E. /& Katherine ~80 Garnett St.,S.W. Lot 23,' Block. ~, 4 . A. Edwards Atlanta 3, Ga. Seagate Extension. 206-B. JULY 2~th, 1960. ,OWNER AD_DRESS LO?. BLOCK & S/D. CITY Juanita H. Briese Armour Bldg. Lots 2 & 3, Block 12, 4 c/o Robert Burns Palm Beach, Fla. Seagate "A". Dewey Shirley 57 S. Main St. Lot 2, Block 13, 4 Miamisb~g, Ohio Seagate "A". Norma G. Rogers Nautical Aire Apts. Lot 2, Block 15, 4 Delray Beach, Fla. Seagate "A". Helen R. Webster 5416 Harper Ave Lot ~, Block 15, 4 Chicago 15, Ill~ Seagate "A". Evelyn G. McGraw P.O. Box 84? Lot 2, Block 16, 4 Delray Beach, Fla. Seagate "A". Geo. E. & Bess W. P. 0. Box 14, Lot 1, Block 1, 4 Hagga~t Fargo, N. Dakota Seagate EXtension. 'Delr~y Beach P. 0. Box 2485 Lots 4 & 5, Block l, 4 Development Co. Delray Beach, Fla. Seagate Extension. Geo. N. & Pauleen 71 W. Genesee St. Lot 1, Block 2, 4 B. Ketcham Baldwinesville, N.Y. Seagate Extension. H. B. Ebert P. 0. Box 43 Lot 2, Block 2, 4 Boca Raton, Fla. Seagate Extension. T. E. Woolbright 315 N. E. 8th Ave. Lot 4, Block 3, 4 Delray Beach, Fla. Seagate Extension. Allen P. & Ruth E. 775 Sheridan Road Lot 6, Block 3, 4 Hendry Glencoe, Ill. Seagate Extension. Municipal Paving Co. 5757 Ogden Ave. Lot 7, Block 3, 4 Cicero P. 0. Seagate Extension; Chicago, Ill. Lu. cy MacLeod Helm P.O. Box 386 Lots 3, 4 & 5, Block 4; c/o Wood & Cobb Palm Beach, Fla. & Pt. Lot 16, Block 16, Seagate "B"; also Lots 2 & 3, Block 11; Lot 4, Block 12 & Lot ~, Block 13, Seagate "A". Anna K. Butler Est. P. O. Box 59, Lot 6, Block 4, ~ c/o John Butler Buchanan, Mich. Seagate "B". Frederic M. & Toby's Lane Lot 10, Block 4, 4 Elizabeth C. Legler New Canaan, Conn. Seagate "A". Nellie I. Brown Southbury, Conn. Lot 21, Delray Isle. 4 Fred G. & Rachel 1~51 Bennington Ave. Lot 7, Delray Isle. ~ Gwinner Pittsburgh, Pa. L. E. Jr. & Beatrice 01d Farm Road Lot 2, Delray Isle. G. Jallade Darien, Conn. R. C. & Bobbie B. 902 Harbor Drive Lot 1, Delray Isle. Westerman Delray Beach, Fla. John H. Krey 5504 Matoaka Road Lot "C", Delray Isle. Richmond, Va. R. D. & Ruth C. P. 0. Box 2187, Lot 23, Delray Isle. Campbell Huntington, W. Va.. Ernest P. Sommer 9~-96 Prospect Hill Lot 30, Delray Isle. Avenue Summit, N. J. 2 206-C JULY 25th, 1960. Paul Devlin ~4 Wall Street Lot 39, De]may Isle. c/o"Blyth & Co.,Inc. New York 5, N.Y. Otto & Anna 17 Maz~her Ave. Lot 40, De]may Isle. Mueller Huntington Station L. I., N. Y. Robert C. & 1883 WYcliff Rd.,N.W. Lot 46, De]may Isle. Elizabeth W. Hunt. Atlanta 9, Ga. Booth-Westerman, Inc. 3 Fisher Lane Lot 47, Delray Isle. Delray Beach, Fla. Robert A. & 808 N. King St. Lot 14, catherine K.M.Kelly Xenia, Ohio Sea Spray Estates. Vance M. & Jeannie 2505 Sea Island Drive Lot 52, G. C~rrln Pt. Lauderdale, Fla. Tropic Isle. Ohsmles D. & Ruth 3961 N. Ivey Rd.,N.E. Lots 55 & 56, R. Flynn Atlanta, Ga. Tropic Isle. M. Frances Glascott 863 TTopic Blvd. Lot'57, Delray Beach, Fla. TTopic Isle. Thomas D. & Isabel 4001 S. County Rd. Lot 59, V. Hauck Palm Beach, Florida Tr.opic Isle. Tropic Isle 3405 S. Federal Hwy. Lots 60, 61, 75 & 93, Development C0.. Delray Beach, Fla. Tropic Isle. Lloyd R. Remington 2002 Highland St. Lot 64, Allentown, Pa. Tropic Isle. Verner C.~& Volborg 73Z N. E. 16th Ave. Lot 65, E. Johnson Pt. Laud.erda/e, Pla. TrOpic Isle. Wm. O. & Gerald B. 129 Quincy St. Lot 68, .Anderson O.ak Ridge, Tenn. Tropic Isle. James D. H. Smith 9371 S. W. 54th St. Lots 67 & 69 th~u 72, Miami, Florida T~opic Isle. Thomas P. &' Beatrice 1616 Madison St. Lot 74, M. Dalzell LaCrosse, Wis. Tropic. Isle. Charles A. & Mildred 2000 Wilson Blvd. Lots 83 thru 86, C. Olmstead Amlington, Va. TrOPic Isle. Ralph & Marie Anema 2201 N. E.' 15th Terr. Lot 87, Ft. Lauderdale, Fla. Tropic Isle. R. D. & Phyllis J. 8o7 N. Federal Hwy. Lot 88, Longbottom De]maw. Beach, Fla. Tropic Isle. Geo. V. & LUcy J. 808 Shore Drive Lot 89 Feltis Boynton Beach, Fla. Tropic Isle. Martin R. & Anna M. 815 Shore Drive Lot 90, Durkin Boynton Beach, Fla. Tropic Isle. Henmy & Ellenore 35~J~ Tonka Wood Road Lot 92, Holtien . Hopkins, Minn. Tropic Isle. De, lpalm, Inc. Bayview Bldg. Lots 105, 107, 109, c/o Tolar, Bethel Ft. Lauderdale, Fla. 110 & 112 thru 119, & Adler. Tropic Isle. Charles G. & 920 Banyan Drive Lot 143, '' Elizabeth P. Hutzler De]may Beach, Fla. Tropic ISle., 3 206-D JULY 25th, 1960. OWNER ADDRESS L0~ ,,BLOC K~& S/D. L. R. & Mary Frances 1725 N. E. 28th Dr. Lots 145,146,147,151, Edwards Ft. Lauderdale, Fla. 152,156,193,198 and 200 thru 209, Tropic Isle. Frederica E. 3209 S. Dixie Hwy. Lots 148 & 149. Halstead Delray Beaeh, Fla. Tropic Isle. Ward & Ada Florence 1501 S. E. ~_~th St. Lot 150, McCarron Ft. Lauderdale, Fla. Tropic Isle. Fuller M. & Selma 2632 N. E. 30th St. Lot 153, Richardson Ft. Lauderdale, Fla. Tropic Isle. Rozier D. & Eileen llO1 Willow Lane, Lot 154, K. 0ilar Northbrook, Ill. Tropic Isle. Fred & Feryl S. 219 N 14th St. Lot 155, Goat New Castle, Ind. Tropic Isle. Earl R. & Elizabeth 64 Weskora Ave. Lot 157, R. Salley Pleasantville, N. Y. Tropic Isle. Wm. H. Grimditch Lake Ariel,R.D. 1. Lots 158,159,161,162, Wayne County, Pa. 170,187,188,189,190 & 212, Tropic Isle. Geo. & Bertha 2301 S. Federal Hwy. Lot 160, Wiebelt Delray Beach, Fla. Tropic Isle. Mutual Funds, Inc. 766 N. Main St. Lots ltl thru 179, Providence, R.I. Tropic Isle. Wildemar R. Kuenze~, 337 S. E. 15th Terr. Lots 180,181,185 Estate, Deerfield Beach, Fla. Tropic Isle. c/o Walter R. Huck Anna Jacob 2709 Center Ave. Lot 182, Ft. Lauderdale, Fla. Tropic Isle. McKinney, Inc. 2662 S. Federal Hwy. Lot 183, Delray Beach, Fla. Tropic Isle. Alex & Mildred E. 430 Longfellow Ave. Lot 192, Duncanson Westfield, N.J. Tropic Isle. Melvin Federbush 15 ~. 29th St. Lots 195 & 199, New York, N.Y. Tropic Isle. Ed. P. & Carol E. 33962 Moore Drive Lot 210, Kelly Farmington, Mich. Tropic Isle. Fred G. & Pearl E. Morrisvillo,~ Lot 211, Tainter Madison Co., N.Y. Tropic Isle. Thomas A. & Florence 442 S. E..17th Terr. Lot 213, R. Dutton Deerfield 'Beach,~ Fla. Tropic Isle. Herbert S. Nielson 2201 Barley Ave. Buffalo, N.Y. P¥~ .86. and E 148.2' o~ N~ of Lot 10, Block 1, 0sceola Park. Louis & Ester Clay Street E 60' of W 186' of Meyers Huntsburg, Ohio. Lot 9, Block 1, 0sceola Park. Willard Morrison Foreign Operation ~iv. S 78.3' of E 1~1!8.2. c/o International Chicago, Illinois of Lot 9, ~Block 1, Harvester ComDany 0sceola Park. 206-E JULY 25th, 1960. OWNER , . .ADD~,R~$, ,S I~T.BLOCK .& ,,S/,D. ~c.I?Y,. C,ODE Harold J. & Elena 89 Center Ave. Lot 7 less E l0t, 4 J. Hot, rich Chattam, N.J. Block C, High Acres 3rd Add. Joseph R. & Lillian P. O. Box 2085, Lot 3, Block A, 4 P. Garrison Station A, High Acres 3rd Add. Worcester, Mass. F. J. Schrader P. 0. Bqx 877 Lots 1,5 & 7, Block A; 4 Delray Beach, Fla. Lots 1,5 & 7, Block B; Lots 1~4,5 & 6, Block C, & Lot ~, Block D,~ High Acres 3rd Add. George J. & Marie P. 0. Box 1688 Lot 6, Block D, 4 M. Egan Delray Beach, Fla. High Acres 3rd Add. Oscar A. & Rose Wo 27 S. W. 6th St. Lot 1, Sellers Add. 4 Rollins Delray Beach, Fla. Frederick Chas & 301 Oregon St. S 24' of'Lot 8 & all 4 Ester Muddiman Hollywood, Fla. of Lot 9, Block 109. H. E. Purcell Huntingdon,. S 35' of Lot 11 & N 4 Quebec, Canada 35' of Lot 12, Block 121. John Edward & Rose P. 0. Box 113 Lot 5, Block 2, 4 Anne Pinkin Delray Beach, Fla. Northridge. Lowell D. & Do~othy P. O. Box 743 Lots 6 & 8, Block 2, 4 R. Kern Delray Beach, Fla. Northridge. Ercole Compitello 25 S. W. 1st Ave. Lot 13, Block 88. 4 De lray Beach, Fla. Martin Bauer P. 0. Box 94, Lot 27, Block 5, 3 Delray Beach, Fla. Dell Park. Martha Price Hall P. 0. Box 1664 Lot 1, Block 1, 4 Delray Beach, Fla. Hofman Village. Erminia Colasurdo 381 3rd Street Lot 3, Block 63. 4 Jersey City, N. J. A. Hofman 515 N. E. 7th Avenue Lots 1, 8 & 9, 4 Delray Beach, Fla. Hofman.s 8th Ave. Add. Mary & Graham 139 S. Gratiol Ave. S 5.2' of Lot 3, all 4 Gracey Mt. Clemens, Mich. of Lot 4 & N 33.6' of Lot 5, Block ll5. Jane H. Sours Marble Rock, Iowa N 50' of S 55.2' ~of 4 Lot 3, Block ll5. Frederick C. _& 301 Oregon St. Lot l, Block ll5 4 Ester Hmddiman Hollywqod, Fla. PASSED AND ADOPTED in regular session this 25t~h day of July, 1960. ~. MAYOR ATTEST: Clerk 206-F. JULY 2~th, 1960.