09-12-60 SEPTEMBER 12, 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 Attorney Richard F.
Zimmerman and Councilmen Dugal G. Campbell, Charles H. Havbison,
John A. Thayer and George V. Warren being present.
An opening prayer was delivered by the Rev. Gustav Malmquist.
On motion by M~. Harbison, seconded by Mr. Warren and unani-
mously carried, the minutes of the regular meeting of August 22nd,
1960 and the special meetings of August 23rd and August 29th, 1960
were approv ed.
Under recognition of public requests from the floor Mr. W. H.
Davis of 59 South Federal Highway asked where the Septic Tank Pumper
trucks dumped, he thought they were disposing of the waste at the
City Dump and that it is causing very unpleasant odors in the Citric.
Upon question the Director of Public Works informed the Council that
the Septic Tank Pumper trucks dumped on private property outside the
city limits. Mayor Sundy informed Mr. Davis that this matter would
be referred to the County Health Department. Upon being informed of
a truck that was supposed to have emptied at the City Dump today,
Mayor Sundy informed Mr. Davis that it was a violation to dump in
the city and it would be looked into.
Mayor Sundy welcomed back the Councilmen that had been away from
the ~ity recently.
Mr. Worthing read the following bids that had been solicited
for an automatic analyzer for residual chlorine recorder for the
water plant and stated that it had been recommended that the low
bid be accepted~
Milton Roy Co. $1,588.00
Hach Co. $1,6[~5.00
It was moved by Mr. Havbison, seconded by Mr. Thayer and unanimously
carried to accept the low bid for the automatic analyzer for residual
chlorine recorder.
The City Clerk read the following bids that had been received
for industrial rubber covered hose with brass hose thread couplings
for 100 lbs. working pressure as required at the water plant and
stated that it had been recommended that the low bid on each size
of hose be accepted. . 500_ ft. of 2}', _ 200 ft of !}"_
American La-France Corp. $1.60 ft. $1.20 ft
Bi~ -LAt~a~ ~.i~e Hose C o. 1.70 1.25
East Coast Fire Equip. 1.974 1.125
It was moved by Mr. Campbell, seconded by Mr. Warren and unanimously
carried that the low bid in each case be accepted.
Mr. Worthing read the following bids that had been solicited
for the fencing of a portion of the tennis courts, cost of which is
provided in the current budget and provides for fencing of a~Droxi-
mately one third thereof, being 111 feet on each side and 125~ feet
on one end, also for one four foot gate and two fifteen foot swing
gates, and stated that it had been recommended that the low bid be
accepted:
Edwin Wilson & Co. $1,149.00
Custom Fence Co. 1,368.50
Service Iron, Inc. 2,458.00
Mr. Campbell moved that the matter of awarding the contract be
tabled until the next meeting and that in the meantime the exact
portion of the courts to be fenced be determined. The motion was
seconded by Mr. Thayer and carried unanimously.
SEPTEMBER 12, 1960.
Mr. Worthing read the following bids that had been solicited
for supplying and installing a 2500 GPM high service pump in the
North Pumping Station, to be installed complete with stamter and
disconnect switch, pipe connections, including 16" check and gate
valves, ready to operate ~and stated that it had been recommended
that the low bid be accepted and that funds are available in the
Water Depamtment.
J. P. Carroll, Inc. $13,250.00
Farm & Home Machine~y Co. 14,200.00
It was moved by Mr. Campbell, seconded by Hr. I{arbison and carried
unanimously that the low bid be accepted.
City Clerk Worthing informed the Council that on August 22nd,
1960 bids were submitted for furnishing and installing air condition-
ing and heating equipment on the second floor of the 0entral Fire
Station and that a contract had been awarded for same to the contract-
or who was the low bidder subject to his bid being thoroughly review-
ed which was done with the result that a recommendation was made to
the City Manager by the City Engineer taking exception to six ite~zg
in the bid as not being in conformance with the specifications. Mm.
Campbell stated that it is his understanding that the low bidder has
requested that his bid not be considered and then moved that the
contract be awarded to the next lowest bidder whose bid does conform
with the specifications. The motion was seconded by Hr. Harbison
and carried unanimously.
City Clerk Worthing read the following letter fro~ Sherman
Williams Post No. 188, dated September 5, 1960:
"The American Legion post number 188 do hereby ask that you please
permit us to sponsor the same camnival we had last year. (The Miller
Amusement EntePprise of Pompano. ) We hope to continue to pay on our
indebtedness with our recent improvement. I am sume we will preserve
order and leave the Pamk ready for inspection when the show is over
Just as we have done in the past.
"We would like to have it convene from November 21 throu 26, 1960.
Thanks in advance."
Hr. Worthing informed the Council that for several yeams Sherman
Williams Post No. 188 had held a carnival on the grounds where the
new city hall is to be built and that they have made plans for hold-
ing this carnival south of the Teen Town Center building on the
matning portion of the five acre site of the Town Town Center and
on a five ac~e tract to the south thereof owned by a local resident
who has given pemmission to Post 188 for the use of his property.
Hr. Campbell moved that the Mayor and the City Manager be authorized
to meet with Post 188 and discuss in detail their request. The
tion-.was seconded by Mr. Thayer and carried unanimously,
City Clerk Worthing then read the following letter from the
Exchange Club, dated September 6, 1960.
"The Excha~_~e Club of Delray Beach wishes to hold a Street Dance on
September 2J4, 1960. We wish to hold the dance from 7:30 to ll:30
P.M. on N. E. Second Avenue betwesn Atlantic Avenue and N. E. First
Street.
"The dance will be open to the Public and no admission of any kind
will be charged.
"We, therefore, respectfully request that N. E. Second Avenue between
Atlantic Avenue and N. E. First Street be closed, to tmaffic on
September 24, between 7:30 and 11:30 P.M. to permit the holding of
the dane e."
Upon being informed by Police Chief Croft that he could see no par-
ticular problem that would arise from this, Mr. Hambison moved that
the request be granted subject to proper insurance coverage to pro-
tect the City from any possible law suit. The motion was seconded
by Mr. Warren and carried unanimously.
2
SEPTEMBER 12, 1960.
The City Clerk read the following letter from E. B. Lee,
Realtor of West Palm Beach, dated August 23rd, 1960:
"This letter is to offer to the city of Delray, for purchase, lease
or trade, lots 13 and 14, block 58, Del~ay, located on the northwest
corner of N. W. 1st Avenue and N. W. 2nd Street. The property is
strategically located for the p~oposed City Hall, being directly
across the street from the water plant.
"The for sale or for trade price is $7500.00. Terms for sale can be
on a no down payment basis, full purchase price payable over a long
period of time.
"A ninety-nine year lease can be arranged on a basis of $75.00 net
per month for the first 10 years, the remaining 89 years based on
the percentage change on the value of the dollar, as related to the
$75.00 per month."
It was moved by Mr. Warren, seconded by Mr. Campbell and unanimously
carried that the offer to purchase, lease or trade Lots 13 and 14,
Block 58 be turned down.
An application for Certificate of Public Convenience and
Necessity was presented from James Fashaw of 240 N. W. 6th Avenue
to cover the operation of two taxicabs. It was moved by Mr. Campbell,
seconded by Mr. Harbison and unanimously carried that a Public Hear-
ing be held for same on September 26th, 1960 and that all taxicab
operators be so notified.
City Clerk Worthing informed the Council that a petition for
rezoning of Lots 22, 23 and 2~, Block 73 from R-2 to C-2 classifi-
cation had been received from Mr. Donald S. Laird, Charles M. Rock,
Jr., and W. J. Small, III, through their representative Attorney
Charles Byron; also that a public hearing had been held by the
Planning Board on a previous request and that in their report dated
April llth they unanimously approved denial of the request, believing
that the character of the general area to the north and west of Block
73 does not warrant such change, also that the Council on April llth
denied the request. It was moved by Mr. CamDbell, seconded by Mr.
Thayer and unanimously carried that the request for rezoning of lots
2~.., 23 and 24, Block 73 be denied on the same basis of the denial in
April.
The City Clerk read RESOLUTION NO. 1269.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRA¥ BEACH, FLORIDA, REQUIRING
PLANS, SPECIFICATIONS AND ESTIMATE OF
COST TO OPEN, GRADE AND PAVE THAT PART
OF NORTHWEST SEVENTH AVENUE LYING BE-
TWEEN AT~TtC..':AFENUE.~AND,' NORTNWEST FIRST
STREET: AND THAT PART OF SOUTHWEST SEVENTH
AVENUE LYING BETWEEN ATLANTIC AVENUE AND
SOUTHWEST SECOND STREET.
WHEREAS, the City Council of the City of Del~ay Beach, Florida,
may deem it to be necessary for the safety and convenience of the
public to open, grade and pave
That part of Northwest Seventh Avenue lying between
Atlantic Avenue and Northwest First Street; and
That part of Southwest Seventh Avenue lying between
Atlantic Avenue and Southwest Second Street
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 De]may Beach, Palm Beach County, Florida as follows:
· 9
SEPTEMBER 12, 1960.
SECTION 1. That the City Manager be required to submit plans,
specifications and an estimate of the cost of such improvement to be
made, and that the same shall be placed on file in the office of the
City Manager.
PASSED AND ADOPTED by the City Council of the City of Delray
Beach, Florida, on this the 12th day of September, 1960.
It was moved by Mr. Thayer, seconded by Mr. Harbison and unanimously
carried to adopt Resolution No. 1269.
The City Clerk then read RESOLUTION NO. 1270.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ORDERING THE OPENING,
GRADING AND PAVING OF THAT PART OF NORTHWEST
SEVENTH AV~UE LYING BETWEEN ATLANTIC AVENUE
AND NORTHW~T FIP~T STREET: AND THAT PART OF
SOUTHWEST SEVENTH AVENUE LYING BETWEEN ATLANTIC
AVENUE AND SOUTHWEST SECOND STREET TO i WIDTH
oF TW mTY-FOU
WHEREAS, the City Council of the City of, Delray Beach, Florida,
did, on the 12th day of September, 1960, adopt Resolution No. 1269
ordering the City Manager to prepare plans and specifications, to-
gether with estimate of cost of opening, grading and paving
1. That part of Northwest Seventh Avenue lying between
Atlantic Avenue and Northwest First Street; and
2. That part of Southwest Seventh Avenue lying between
Atlantic Avenue and Southwest Second Street
to a width of twenty-four (24) feet, and requiring said plans, speci-
fications and estimate of cost of such improvements 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
streets,
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 improvements, to-wit;
To Open, Grade and Pave. that part of Northwest Seventh
Avenue lying between Atlantic Avenue and Northwest First
Street; and that part of Southwest Seventh Avenue lying
between Atlantic Avenue and Southwest Second Street to a
width of twenty-four (24) fget, the total cost, as estimated,
for such improvement being. $12,000.00.
BE IT FURTHER RESOLVED that the entire cost of such improvements
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 improvements and the abutting property owners,
said properties shown below, paying eighty (80) per cent of said
total cost.
S / Iy ION LQT or .D S CRI IQN
1. s, w 76, orE lO1, ors n O,.
N 67' of S 223.1' of W 130.4/%' of
S~ 4 S N 75' of W 130.~' of
N 37.5' of W 130.¥!-' of E 155.44:.
Monroe 17 ·
More'ce 4 18 and 19.
Monroe ~ 20.
Monroe 12 23.
4
SEPTEMBER 12, 1960,'
Monroe 12 24,
Monroe 12 25,
Monroe 12 26,
S} 12 N 37,5' of E 130' of W 155'.
S~ 12 S 37,5' of N 75' of E 130' of W 155'
S~ 12 N 67,1' of S 227,1' of E 130' of W 1~5',
S~ 12 E 51,6' of W 76,6' of S 140'.
2. 5 11,
5 21,
5 22.
5 23.
5 24.
5 25.
5 26.
5 27.
5 28.
5 29.
6 All of Block,
14 E 15' of W 35' of S 135'
14 N 50' of 8 185' of W 135;,
14 N 50' of S 235' of W 135',
14 N 77' of S 312' of W 135'.
14 S 50' of N.300' of W 135',
14 S 50' of N 250' of W 135',
14 S 50' of N 200' of W 135',
14 S 50' of N 150"~of W 135',
14 S 50' of N 100' of W 135',
14 N 50' of W 135',
13 $ 64' of W 135'.
13 S 55' of N 540' of W 135',
13 S 50' of N 485" 'of W 135',
13 S 50' of N 435' of W 135'.
i 13 8 50' of N 385' of W 135',
13 S 100' of N 335' of W 135',
13 S 50' of N 235' of W 135',
13 S 65' of N 185' of W 135',
13 N 120' of W 135',
said benefits to be determined and prorated according to the front
footage of the respective properties as set forth immediately above.
BE IT FURTHER RESOLVED.' Shat 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 ac-
crued interest 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 fail-
ure of any property owner to pay the annual installment due, or any
part thereof, or any annual interest upon deferred payments, the City
of Delray Beach may bring necessax-y legal proceedings by a Bill in
Chancery to enforce payment thereof with all accrued interest, to-
gether with all legal costs incurred, including a reasonable at-
torney'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 City Hall in
the City of Delray Beach, Florida, at 8:00 P.M. on the 26th day of
September, 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 12th day of September, 1960.
It was moved by M~. Thayer, seconded by Mr. Harblson and unanimously
carried to adopt Resolution No. 1270.
SEPTEMBER 12, 1960.
City Clerk Worthing read RESOLUTION NO. 1271.
A RESOLUTION MAKING APPROPRIATION OF SUMB OF
MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY
'OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE
1ST DAY OF OCTOBER, 1960 TO THE 30TH DAY OF SEPTEMBER,
1961S TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS
WITH RESPECT TO THE ITEMS OF APPROPRIATION AND THEIR
PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CON-
FLICT WITH THIS RESOLUTION, AND ALL RESOLUTIONS INCON-
SISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH IN-
CONSISTENCY; AND TO LEVY A TAX ON ALL PROPERTIES WITH-
IN THE CITY OF DELRAY BEACH FOR MAINTENANCE AND OPER-
ATION, AND TO LEVY A TAX FO~ THE PAYMENT · -
OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS AGAINST
THE PROPERTY LOCATED IN THE FORMER CITY OF DELRAY, AND
TO ALLOCATE AND ~PPROPRIATE SAID COLLECTIONS THEREUNDER.
It was moved by Mr. Warren and seconded by Mr. Thayer to adopt Reso-
lution No. 1271. Upon call of roll Mm. Hambison, Mm. Thayer, Mr.
Warren and Mayor Sundy voted in favor of the motion, Mm. Campbell
being opposed.
(Copy of Resolution No. 1271 is attached to the official
copy of these minutes.)
(See pages ~d~-A thru ~S~!~-D for copy of Resoluti~n No. 1271) .
The City Clerk informed the Council that on August 22nd, 1960
action on Ordinance No. G-366 was deferred until this meeting, and
then read ORDINANCE NO. G-366.
AN ORDINANCE OF THE CITY C OUNOIL RELATING TO
ALCOHOLIC BEVERAGES: AMENDING SECTION 4-5
AND 4-7 OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR THE
SALE OF LIQUOR IN THE EAST HALF OF BLOCK 82
OF THE CITY OF DELRAY. BEACH, FLORIDA.
(Ordinance No. G-366 is shown in full in August 22nd minutes.)
Attorney Ernest Simon speaking for himself and fora his father Alex
Simon and also allegedly representing Mr. Ray White who owns property
in the 'vicinity~ objected to the extension of the liquor zone to the
East half of Block §2 as reflected in Ordinance No. G'366. After
discussion Mr. Harbison moved that Ordinance No. G-366 be referred
to the Planning Board for their recommendations. The' motion was
seconded by Mr. Campbell and unanimously carried.
City Clerk Worthing read ORDINANCE N0. G-367.
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
LEVYING THE ASSESSMENTS AS SHOWN BY THE ASSESSMENT
ROLL SUBMITTED BY THE CITY MANAGER 0P SAID CITY FOR
GRADING AND PAVING THAT PART OF SOUTHWEST TENTH
STREET CO~4ENCING AT A POINT FIVE HUNDRED (500)
FEET WESTERLY FROM THE SOUTHEAST CORNER OF THE
WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTH-
WEST QUARTER OF SECTION 20, TOWNSHIP 46 SOUTH,
RANGE 43 EAST AND CONTINUING WESTERLY FOR A
DISTANCE OF TWO HUNDRED FIFTY (250) FEET, TO A
WIDTH OF TWENTY-FOUR (24) FEET.
WHEREAS, the City Manager of the City of Delray Beach, Florida,
has, in pursuance to the Charter of said City, submitted to the City
Council for approval, a report of the cost, and the assessment roll
for the grading and paving of that part of Southwest 10th Street
commencing at a point 500 feet westerly from the Southeast corner
of the West half of the Southeast quarter of the Northwest quarter of
Section 20, Township 46 South, Range 43 East, and continuing westerly
for a distance of 250 feet, to a width of twenty four (234) feet, and
WHEREAS, said report and assessment roll were approved by the City
Council in regular session on the 22nd day of August, 1960, and
WHEREAS, no sufficient objections have been received to the pro-
posed assessment roll, 6
239
SEPTEMBER 12, 1960.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City
of Delray Beach, Florida, as follows:
SECTION 1. The assessments, as shown by said assessment roll,
which is annexed hereto and made a part hereof, are hereby levied
against the property shown and in amounts shown on said assessment
roll, said assessments to be paid in three (3) equal annual install-
ments, together with interest at the rate of eight (8) per cent per
annum, the first installment becoming due and payable on October 12,
1960 and on the 12th day of October for the next ensuing two (2)
years; and said special assessment, so levied shall be a lien from
the date the assessment becomes effective, upon the respective lots
and parcels of land described in said assessment roll, of the same
nature and the same extent as the lien for general'~taxes, and shall
be collectible in the same manner and with the same penalties and
under the same provisions as to sale and forfeiture as City Taxes
are collectible.
PASSED in regular session on second and final reading on this the
12th day of September, 1960.
ASS SS T
For grading and paving that part of Southwest 10th Street commencing
at a point 500 feet westerly from the Southeast corner of the West
half of the Southeast quar.$$r of the Northwest quarter of Section 20,
Township 46 South, Range 43 East, and continuing westerly for a dis-
tance of 250 feet, to a width of 2~ feet.
FRONT FRONT FT. TOTAL
DESCRIPTION:OF,,PR.OpERTY,. O_WNER .P.OOTA,G.E ASEESSM~....T ASSESS'M.
That portion of Lots Beach Park 250' $1.11728 $279.32
20 and 28 of Section Co~poration
20-46-43 abutting on
the above described
portion of Southwest
10th Street R/W.
That portion of Lots [loore-Hertz, Inc. 250' " $279.32
21 and 29 of Section
20-46-43 abutting on
the above described
poXtion of Southwest
lOth Street R/W. - -
RESOL~ION No. 1239 $ 27.5O
Assessment Roll (est) 18.00
Ordinance Caption (est) 4.95
Graded and Paved by city forces:
Labor 52. ?0
Equipment 62.45
Base Material 165.00
Asphaltic Concrete 283.20
Engineering · contingencies _ 8~.50 .....
Less 20% 139.66 City's share of Exp.
. pe~ Resolution 1239.
TO BE ASSESS .D -
There being no objections to Ordinance No. G-367 it was moved by Mr.
Campbell, seconded by Mr. Thayer and unanimously carried to adopt
said ordinance on this second and final reading.
The City Clerk read ORDINANCE NO. G-368.
AN ORDINANCE 0P TEE CITY COUNCIL OF THE CITY
0P DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY
CERTAIN LAND~ LOCATED IN ~ECTIONS 19 and 30,
TOWN, NIP ~6 SOUTH, RANGE ~3 EAST WHICH LANDS
ARE CONTIGUOU~ TO EXISTING MUNICIPAL LIMITS
OF SAID CITY$ REDEFINING THE BOUNDARIES OF
SAID CITY TO INCLUDE SAID LANDS$ PROVIDING
7
SEPTEMBER 12, 1960.
FOR THE ZONING AND TAXATION OF SAID LANDS AND
CONDITIONS OF ANNEXATION; AND PROVIDING THE
RIGHTS AND OBLIGATIONS OF SAID LANDS.
WHEREAS, Delray Industrial PropertieS, Ltd., is the fee simple
title holder of the property hereinafter described, and has peti&
tioned the City of Delray Beach, Florida to annex said lands within
the corporate limits of the City, which petition has been filed with
the City Clerk of the City of Delray Beach, Florida; and
WHEREAS, the City Council of the City of Delray Beach, Florida
has determined that said lands are contiguous to the existing muni-
cipal corporate limits of the City of Delray Beach, Florida, and is
willing to annex said lands upon the terms and conditions set forth
in the Petition and Consent on file with said City Clerk; and
WHEREAS, the City of Delray Beach, Florida is authorized to annex
lands in accordance with Chapter 27510, Special Laws of Florida,
Acts of 1951, as amended, in such case.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA AS FOLLOWS:
SECTION 1. That the City Council of the City of Detray Beach,
Palm Beach County, Florida, does hereby annex to said City the
following described tract or parcel of land located in Palm Beach
County, Florida, which lies contiguous to the existing boundaries
of said City, to-wit:
Parcel G:
That part of the Southeast Quarter (S.E.¼) of Section 19,
Township ~6 South, Range 43, East, lying East of East right
of way of Lake Worth Drainage District Canal E-4, and 425.0
feet West of the West right of way of the Seaboard Air Line
Railroad; LESS the North 500.0 feet.
Parcel H:
That pa~t of the North Half (N}) of Section 30, Township
46 South, Range 43 East, lying North of North right of way
line of Germantown Road, and East of.East right of way of
Lake Worth Drainage District Canal E 4, and 425.0 feet West
of West right of way of Seaboard Air Line Railroad.
Said parcels G. & H containing 134.81 acres more or less,
and being in Palm Beach County, Florida.
The East 425 feet, less the North 500 feet, of that part
of the Southeast Quarter (S.E.~) of Section 19, Township
46 South, Range 43 East, lying west of the west right of
way line of the Seaboard Air Line Railroad, and
The East 425 feet of that part of the Northeast Quarter
(N.E.~) of Section 30,. Township 46 South, Range 43 East,
lying west of the west right of way line of Seaboard Air
Line Railroad and North of the North right of way line of
Germantown Road, Palm Beach County, Florida.
Said parcel I containing .30.93 acres more or less.
SECTION 2. That the boundaries of the City of Delray Beach are
hereby redefined so as to include therein the above described tracts
of land, and said lands are hereby declared to be in the corporate
limits of the City of Delray Beach, Florida.
SECTION 3. That the property hereinabove described in Section
1 hereof and herein annexed to the City of Delray Beach, Florida,
is taken into said City under the following terms and conditions:
SEPTEMBER iR, 1960
1. ZONING
a. Parcels "G" and "H", as shown upon sketch attached
to petition (colored red), shall be zoned in District
"r-3", as defined by existing ordinances of the City.
b Parcel "I"
· , as shown upon sketch attached to petition
(colored blue), shall be zoned in District "0-3", as
defined by existing ordina~es of the city.
a. °Owner will deed to the City of Del~ay 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 Germantown 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 to petition.)
3. TAXES
a. In consideration of owner,s consent to annexation
and conveyance of 60 fo~t right of way, as above set
forth, and since municipal services will not accrue
to said lands until such time as development is under-
taken and completed, said lands shall not be liable for
ad valorem taxes for a period of seven (7) 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)
are constructed on any parcel or lot, then such
parcel or lot shall be subject to normal taxation,
including debt services 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 or transferred when conveyed by the
undersigned petitioner to Sher~ood Park Developers,
Inc., or to Ro~ L. Calamia.
(2) In the further event any portion of the lands de-
scribed upon attached Exhibit "1" are platted or
subdivided, the tax moratorium aforesaid shall remain
effective and in full force, subject to the conditions
of sub-paragraph (1) of this paragraph 3~; except,
provided, when 50% of the lots shown upon such plat
or subdivision are sold, such moratorium shall cease
and terminate as to those platted lots remaining un-
sold and thereupon each of tb~ remaining unsold lots,
as shown upon such plat, may thereafter be taxed at
an annual tax not exceeding $10.00 per lot for the
remaining unexpired portion of said seven (7) year
moratorium. '~
(3) At the expiration of seven (7) years from the date
hereof, all lands herein described upon the attached
Exhibit "1", shall become subject to normal taxation,
including the debt service levy for the bonded indebt-
edness of the City of Delray Beach, Florida.
SECTION 4. Except for the provisions hereinabove relating to
zoning and taxation, the lands hereinabove described shall immediate-
ly become subject to all of the franchises, privileges, immunities,
debts, obligations, liabilities, ordinances and laws to which lands
in the City of Delray Beach are now or may be, and persons residing
thereon shall be deemed citizens of the City of Delray Beach; pro-
vided, however, owner will construct, at its expense and in compli-
ance with City specifications, a 24 foot paved roadway from Lowson
Boulevard to Germantown Road if, as and when such construction is
needed for development purposes; said roadway to be constructed in
the 60 foot right of way to be deeded to the City and the owner will
install, at its expens.e, an 8 inch water main in the 60 foot right
of way to be deeded to the City extending from Lowson Boulevard
southerly to Germantown Road if, as and when such main is needed for
development purpos.es.
PASSED AND ADOPTED on the ...._._~day of August 1960.
There being no objections from the audience to Ordinance No. G-368
it was moved by Mr. Wa~en and seconded by Mr. Ha~bison to adopt
said Ordinance on this second and final reading. Mr. Campbell then
commented as follows: "Mr. Mayor, to the motion, I would like to
ask the in$~lgence of the commission while I try to draw a picture
or comparison, if I~may. A number of years ago we took into the
city Tropic Isle and Tropic Palms. They came in on a basis where
the roads, wate~ etc. were installed by the developer, and they
paid $10.00 per lot tax. LI'.~liew~ that has been carried out for
the lots in the lay-out. In that operation try to draw a comparison
of what may happen in five years or six or seven years in this de-
velopment that we are talking about. If the number of houses that
have been built in Tropic Palms or in Tropic ~sle were built in this
development it would be far from being 50 per cent of the development.
We the city would be called upon to give the services that we would
give to any house located in the highest developed area in the City.
Any one buyer, the first buyer down there,~ is entitled to the same
consideration as any house in the City in the well established areas
so all this talk about not causing the city any expense, in my mind,
is a smoke-screen handed out,~.anc~hi~h we .aze willing t~
accept. They pay no taxes what so ever until something is S~ld and
then the part that is sold, one lot or five lots or what '~it may be,
do pay but the balance of the subdivision pays nothing, not even on
an acreage basis,despite the fact that every other development that
has come into the city has been put on a firm basis of payment ex-
cept the one that came in last year, developed and brought in by
these same people, we continue to give them this break on taxes and
I would like to ask on what basis we can possibly Justify to the ·
thousands of property owners that we now have in the city in bringing
any subdivision in on this .basiS? Are we so hungry for land within
the City that we want to take it in at the expense of the other
owners simply to say that our boundary is that much further south or
that much further west? There is no grounds that I can possibly find
for extending this tax deal to them except that it was dealt to them
last year, to the same people, and for that reason we would continue
to give it to them forever and amen? We didn't give it to Tropic
Palms; we didn't give it to the people up around Lake Ida nor did
we give it to any other section of the city and how you could possi-
bly try to Justify giving this deal is beyond me. They are bringing
in land in R-3 and C-3. If we don, t have more C-3 properties un-
developed in the city. We have the land out along the railroad
owned by some of our people 'that have been with us paying taxes for
yearewho are not getting any reduction on taxes Because they happen
to have vacant land that is out there under the C-3 basis but we will
bring this land in; give them the ~tax wise deal for the time ~hey are
carrying the land, that we the city are carrying it, in competition
with these people that have been paying~ the taxes for years. I don,t
see where there could be any possible justification for doin~ i~.'~
Upon roll call Mr. Harbison, Mr. Thayer, Mr. Warren and Mayor
Sundy voted in favor of the motion, ~. Campbell ~b~eing opposed.
The City Clerk read ORDINANCE NO. G-369.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, REDEFINING THE SET-
BACK LINE ON THAT PORTION OF N. E. EIGHTH STREET
LYING BETWEEN N. E. FIFTH AVE~NUE AND PALM TRAIL,
IN DELRAY BEACH, FLORIDA.
WHEREAS, the City Council of the City of Delray Beach, Florida,
desires to redefine the setback line along No E. Eighth Street lying
between N. E. Fifth Avenue and Palm Trail so that future buildings
or structures will be permitted to be erected up to a uniform build-
ing line, 10
SEPTEMBER 12, 1960.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWB:
SECTION 1. "That the setback line along that portion of N. E.
Eighth Street lying between N. E. Fifth Avenue and Palm Trail shall
be forty three(43) feet from the existing center line."
PASSED AND ADOPTED on the _ day of August, 1960.
There being no objection to Ordinance No. G-369 it was moved by M~.
Harbison, seconded by Mr. Warren and unanimously carried to adopt
said ordi. hance ~on this second and final reading.
The City Clerk then read the caption of ORDINANCE NO. G-370.
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
ANNEXING TO THE CITY PART OF SEACREST BLVD AND
LOTS NOS TWO, THREE AND FOUR, BLOCK "C" LAKE
· ,
HEIGHTS, AS IN PLAT BOOK 23 AT PAGE 206, IN THE
PUBLIC RECORD~ OF PALM BEACH COUNTY, FLORIDA.
It was moved by Mr. Warren, seconded by Mr. Campbell and carried
unanimously to place Ordinance No. G-370 on first reading·
Mayor Sundy announced that if the citizens or taxpayers wished
any more detailed figures on the budget that had been adopted they
could contact the Director of Finance or the City Manager.
City Manager Mingle presented bills for approval in the amounts of:
General Fund. $ 80,2;~.42
Water Fund - Operating Fund. 9,328.16
Special Assessment Fund. 430.70
Improvement Fund. 3,34~. 50
Refundable Deposits Fund. 3,398.91
It was moved by Mr. Harbison, seconded by Mr. Campbell and carried
unanimously that the bills be paid·
Mr. CamPbell moved that the letter from employed legal counsel
concerning Case No. 199.2A. be referred to the City Attorney and the
City Manager for further study and action. The motion was seconded
by Mr. Harbison and carried unanimously.
City Clerk Worthing informed the Council that the moratorium on
issuance of any building permits on the properties lying within 200
feet north and 200 feet south of Atlantic Avenue right-of-way be-
tween Swinton Avenue and the S.A.L. Railroad would expire before
the next regular meeting. Following discussion, Mr. Campbell moved
to extend said moratorium to October 25th, 1960. The motion~was
seconded by Mr. Warren and unanimously carried.
Mr. Harbison moved that the City Manager be asked to write letters
of appreciation to the various organizations and individuals who made
shelters available during the recent stormj also for the cooperation
of the press. The motion was seconded by Mr. Thayer and carried
unanimous ly.
The meeting was adjourned at 9:40 P.M. on motion by Mr. Thayer
and seconded by Mr. Warren.
City Clerk
APPROVED:
MAYOR ~
ll
SEP?EMBER 12, 1960.
BESOL~TION NO. 1271.
A RE~OLDTION MAI(IN(} APPROPRIATION OF S~ OF MO~
FOR A~ ~SA~ ~IT~ OF T~ O I~ OF D~Y
B~0H, FLOR~A, ~O~ T~ ~BIOD P~OM ~E IST DAY 0F
~TOB~, 1960 TO ~ 30~ ~Y ~ SE~EB, 1961; TO
P~CRIBE
~SPEOT TO ~ I~ OF A~ROPR~TION ~ ~ PA~T;
~D TO ~L A~ ~OL~iONS ~0~ ~ CO~LIOT WITH
~IS ~OL~ION, ~ ALL ~OL~IO~ ~OONSIS~T WI~
~IS ~OL~ION TO ~ EXiT OF S~H ~OONS~OY;
~D TO ~ A T~ ON A~ PRO~RT~ WI~ ~ C I~ O~
DE~Y B~OH FOR ~INT~OE
A T~ POR T~ PA~ OF P~CIPAL ~ ~TE~T ON
BO~ED I~~~S AOA~ST ~ ~0~ L~AT~ ~ ~E
FOR~R OI~ OF D~Y, ~D TO ALL~A~ ~ APPROPRIATE
SAID COL~CTIONS ~~EH.
BE IT ~OL~ ~y the Co. oil of the Oity of De~ay Beach,
Florida; T~t the following s~ of money be, ~d hereby ~e
apRropriated upon the te~, conditfo~ ~d provisions herein
befo~ ~d here~tem set forth:
ARTIO ~_..I.
G~~ F~
~st~ted E~end~t~es ~ Tota~
111 City Co.oil $ 3,310
121 City Manager 17,285
131 Cit2 Co~t 1,885
~ Registration 70
Electio~ 510
151 Acco~ting & ~te~l Control 28,000
152 Exter~l Audit 3,000
153 Assessments & Llce~es 23,072
~rchase & Custody of Supplies 3,603
Treasu~ 7,920
161 Counsel & ~gal 3,700
171 Plying & Zoning 3,10%
172 Research & Investigation 300
173 C~ber of Co~erce 19,%75
174 Civic ~tte~ent 900
175 City ~mbers~ps & Org~izations 1,450
178 Civil Eervice 200
180 Bo~d of Adjustment 600
210 Police 135,120
215 Jail 8,510
220 Tr~fic ~gineering 16,800
230 Fire ~7,
2~1 Buildings & St~ct~es 19,310
251 ~im~s 3,550
2%2 Civil Defense 500
310 Eng~eering 15,205
321 Streets, Alleys & Sidewalks 106,985
322 Street Li~ting 27,500
323 Street N~e Si~s
331 ~ewer System 51,945
332 Street Clewing 5,110
333 Garbage Collection 95,950
33~ Trash Collection
0entral Garage 18,400
3~1 0ity Hall 5,570
600 ~br~ies 43,100
7~0 Rec~at$oh.A~nist~ation 7,025
720 Pl~ounds · P~yfields 11,910
731 Eastside Po~l & Beach 50.275
732 Teen T~n Pool 15,630
733 100 Foot Beach 17,395
998
Estimated Expenditures continued. Tota__l
?~0 Community Center 7,520
760 Teen Town Center 9,095
770 Parks. Parkways & Street T~eem 34,275
7~0 Yacht H~bo=s 25
800 Debt Be~lce 68,105
85~ Cemete=y 6,740
852 ~su~ce 26,035
~ T~es ~,125
~eserve for Cont~gency 55,350
8~6 Hospitalization & ~fe Ins~e 7,000
880 Co~nication System 4,500
900 T~a~fers 27,650
Total General F~d 1, ~5,650
~~,: TOta~
100 General Prope~ T~es 645,475
175 F~chtse Taxes 46,000
190 Utilities ColOrlon & Se~tce Taxes ~,000
201 Llce~es · Pe~tts-St~eet Uae 1~,000
202 Licenses & Pe~ts-Buslness 74,100
203 Licenses & Per. ts-Non-Business 16,550
300 Fines & Fo~fett~es 28,000
00 Revenue from Use o~ Money ~ ~ope~ty 3,500
75 ~evenue fr~ Individuals ~ O~e~ Agencies 138,050
01 Current Services-General G~e~nt 1,100
02 C~ent Se~vtces-~bltc S~et~ 1,975
503 C~ent 6e~vtces-Ht~ways 1,000
5~ C~ent ~ervices-~itaticn ~ Waste Disposal 53,000
Current Se~ices-Heal~ & B~e~ 800
506 C~ent Services-Recreation 5,100
600 Sale & ~ecove~ f~om Loss o~ P~c~e~ty - 0 -
775 Contributions & Transfers fr~ Othe~ Funds 15,000
Total Revenue 1,155,650
Unapp~o~iated SurDlus-Ope~. 90,000
Total Receipts 1' ~5'650
~ARTIC LE II
w,
Es timated Expenditu~es: T_otal
410 A~ntst~ation 21,175
420 $o~ce of Supply 30,550
430 T~ea~ent & ~icati~ 20,~5
Accounting & Collection 15,000
O0 Debt Service 80,913
852 ~urance 5,275
s ,5o0
853 Taxes
~ Dep~eciation 75,000
Reserve fo~ Centingency 12,030
900 Tr~fers .~ . ~lSj?O0
To~al ~ater ~ 460,525
2
WATER PUND
REVENUE: Total
400 Revenue from Use of Money & l~operty 2,000
500 Sales ~ O~ges for O~ren~ ~o~tces 386,~0
600 8ales & Recoveries - 0 -
To~al Revenue 388, ~0
Unappropriated Surplus 71,985
Total Receipts ~60, %25
ARTICLE III
.C.,O. ND.ITI.O. NS. .. RELATING TO APPR_OpRIATIONS.,
Section 3_.1 - All the monies herein before appropriated are
appropriated upon the terms, conditions, and provisions herein
before and hereinafter set forth.
Section. 3.2 - Subject to the qualifications contained in this
resolUtiOn all '~ppropriations made out of the General Fund are
declared to be maximum, conditional, and proportionate appropriations,
the purpose being to make the appropriations payable in full in the
amounts herein named if necessary and then only in the event the
aggregate revenues collected and other resources available during
the period commencing the 1st day of October, 1960, and terminating
the 30th day of September, 1961, for which the appropriations are
made, are sufficient to pay all the appropriations in full; other-
wise the said appropriations shall be deemed to be payable in such
proportion as the total sum of realized revenue of the General Fund,
is to the total amount of revenues estimated by the City Council to
be available in the period commencing the 1st day of October, 1960,
and terminating the 30th day of September, 1961.
Section 3.3 - Ail balances of the appropriations payable out of
the General Fund of the City Treasury unencumbered at the close of
business on the 30th day of September, 1961, except as otherwise
provided for, are hereby declared to be lapsed, into the City Treasury
and may be used for the payment of the appropriations which may be
made in any appropriation for the fiscal year commencing the 1st day
of October, 1960. Provided, however, nothing in this Section shall
be construed to be applicable to unencumbered balances remaining to
the credit of the Water Fund or any funds created by the setting up
of special revenue, but such balances shall be used in financing the
proposed expenditures of these funds for the fiscal year commencing
the 1st day of October, 1960.
.~.~c_ti_on 3~_4 - No department, bureau, agency, or individual
receiving appropriations under the provisions of this resolution
shall exceed the amount of its or his appropriation except with
the consent and approval of the City Council first obtained; and
if such department, bureau, agency or individual shall exceed the
amount of its or his appropriation without such consent and approval
of the City Council, the administrative officer or individual, in
the discretion of the City Council, may be deemed guilty of neglect
of official duty and may be subject to removal therefor.
Section 3..5 - Nothing in this resolution shall be construed as
autho4'lZtng any reduction to be made in the amounts appropriated in
this resolution for the payment of interest, on, or retirement of,
the debt of the City of Delray Beach, Florida.
.S. ec~i.9.n 3.6 -None of the monies enumerated in this resolution
in connec6~n With the General Fund, Water Fund or any other Fund
of the City shall be expended for any p~trpose than those for which
they are appropriated, and it shall be the duty of the Director of
3
Finance to see that tl~ts section is complied with in all respects
and report to the City F~nager and C~t~ Council an~ violations
the~eo£.
Section 3.7 - All monies collected by ~y dep~t~nt, bureau,
agenc~o~- I~lvldual of the Ci~ ~ve~ent s~ll be paid pr~tly
into the City T~eas~.
~ec~!o~
the official budget of the Ci~ of De~ay Beach for the ~oresaid
period. Provided, however, t~t the restrictions with respect to
the e~enditures of the f~ds appropriated shall apply o~y to the
1~ s~ ~o~ts fo~ classes of e~enditures which have been in-
cluded in this'resolution.
Section ~.1 - ~t the~e ~all be ~d hereby is appropriated
for ~e ~'~emer~¥ Fund operations of the City ~e revenue derived from
the t~ of 12 ~lls per one ($1.00) dol~ of assessed valuation,
which is hereby levied on'all t~ble p~operty within the 0ity of
Delray Beach for the fiscal year co~enoing 0otobe~ 1, 1960 ~d
ter~natl~ Septem~ 30, 1961, t~ assessed valuation on all t~able
sroperty fo~ ope~ating p~poses within the City of De~ay Beach being
0,274,76~ for operating ~d/or ~inten~e-e~enses of the General
F~d, and also in addition, all revenues de~ived by said City d~ing
said fiscal ye~ from all other so, cea t~ the t~ levy for c~rent
bond service, ~d t~t p~t of collection of delinquent t~es levied
for bond se~vloe.
~- ~at ~e ~ount of money neoessa~ to be ~aised
for i~ges ~d bond ~ede~tiom which constitutes a general
obligation bomded indebte~ess of t~t portion of ~e City of De~ay
Beach, which~was f~erly
there is~ ~reby ~pr~priated for the payment t~reof, aAA revenues
derived from ~ ~ax le~ ef 2 ~lls pe~ one ~$1.00) dollar of
assessed valuation, which is here~ levied for t~t p~pose fo~ the
fiscal ye~ co--ricing October 1, 1~0 ~d ter~nati~ ~eptember 30,
1961 upon t~ t~le property in ~at portion of the Ci~ of Delr~
Beach, ~ich was fo~erly t~ 0i~ of Delray, the assessed valuation
being$42,~O,~O ~d thee is ~eby appropriated, if neoess~y,
from ~e s~plus si~ing f~d cash s~ficient monies which, together
with proceeds of said t~ levy for debt, will ~et the debt require-
ments fo~ ~e ~o~es~d fiscal ye~.
~TIC~V
P~S~ ~ $OP~ by ~e 0ity Co, oil of ~e City of Delray Beach,
Florida, this ~th day of Septe~er, A.D., 1960.
A~T:
Ci~y OlePk