10-05-60 0CT0] a 5, 19 0.
A special meeti~ of the City Council of Del.-~ Beach was held
in the Council Che,~bers at 1~00 P.M. with Mayor Glenn B. Sundy in
the chair, City Manager George Mingle, City Attorney Richard F.
Zimmerman and Councilmen Dugal G. Cae~bell, Chamles H. Harbison and
George V. Warren being present.
Mayor Sundy called the meeting to o~d.er announcing that same had
been scheduled for the purpose of discussion concerning the 100 foot
Municipal Public Beach and for any other business which may come be-
for the meeting.
City Clerk Worthing then read the following proposed letter to
be sent to the Town of Ocean Ridge:
"The City of Delr~y Beach, Florida, as you know, owns certain
land in Palm Beach County, Florida, described as=
"Lot 1~, Block A, PALM BEACH SHORE ACRE~,
according to the plat thereof on file in
the office of the Clerk of the Circuit
Court, Palm Beach County, Florida, recorded
in Plat Book ?, page 1%.
"Upon this land said City, in its governmental capacity and
acting under the authority of the Legislature has, continu-
-ously since on or about Feb~uarT 15, 195~, operated a public
park or beach.
"You purported to annex this property by ordinance passed
on second reading last Satumday, October 1, 1960, apparently
acting under a decree of the Circuit Court of the Fifteenth
~udicial Circuit of Florida in Chancery case No. 38,810-0,
dated December 3, 19%9, which as of October 1, 1960 was not
yet final. Also, we understand from your Charter, the ordi-
nance of last Saturday does not become law for some time yet.
"As you knOw, the park area in question has certain toilet
or dressing room structures upon it which, by reason of the
recent heavy hurricane waters, became flooded to such an
extent that alleged health menaaes were created.
"The State Boamd of Health has given approval to certain
repairs we wish to make to such facilities which will
prevent a recumrence of this problem. The State Board of
Health approval is Set. ~ST-722. De]may Beach had these
plans approved by the State Board of Health on or about
· une 19, 19~7, but the fact that the property has been in
litigation ever since prevented consummation of the plans.
"A copy of the plans, as so approved, is enclosed.
"The City of Delray Beach is desirous of implementing these
plans at once since we are still in the hurricane season
whereby additional heavy rains may come at any time.
"While the City does not intend to' take further appellate
proceedings in said case No. 38,810-0, it is of the view
that:
1. These lands have not yet been validly annexed
to your City;
2. Even when so annexed, Delray Beach may legally
make the repairs shown upon the attached plans
without further action by any board or bureau
of your municipality.
264
OCTOBER 5th, 1960.
"Appamently, however, based upon publiehed comments by
your ~fficials, you do 'not concur in either or both of
the above opinions. We have no desire to act arbitrarily
or without prior advice to you, but, nonetheless, some
speed is essential if we are to make these repairs before
the advent of heavy rains that might be incident to any
future :. hur~ic ans.
"Therefore, please be advised that it is our intention
to proceed with the repairs shown upon the attached plans
and the work will begin Monday, October 10, 1960."
Mr. Campbell moved that it be umierstood that the action which we
propose is based on the advise of our special counsel Robert Burns
of the firm of Burns, Middleton, Rogers & Ferrell of Palm Beach,
further that we take affirmative action and forward this letter in
the usual channels to the Town Council of the Town of Ocean Ridge.
The motion was seconded by Mr. Warren. Mr. Harbison asked the City
Attorney: "Do you see any legal reasons whereby we should not send
this letter?" The City Attorney answered: "I see no legal reasons
at this time." The motion carried unanimously.
Mr. Worthing informed the Council of a request received this
morning from The Lions Industries of the Blind, Inc,, to solicit
sales of mops, brooms, etc., without being subject to an occupational
license fee, action on which was deferred ~mtil the next regular meet-
ing when information concerning same would be submitted.
Regarding the alley improvements in Block 100, Mr. Warren moved
that the East-West Alley b.e g~aded and paved on the basis of the City
of Del~ay Beach. p.a. ying 50% of the cost and the abutting property
owners paying $0%, that the .abutting property owners on the North-
South new Alley will pay 100% of the cost; ~B~t the drainage which
is .going to be a benefit to all of the abutting property owners be
assessed on a basis of the City paying 20% of the cost and the
property owners paying 80% of the cost and and that any motion that
conflicts herewith is hereb~ rescinded. The motion was seconded by
Mr. Campbell and carried unanimously.
On October 3rd the Council moved to invite Mr. Ward Robinson
to a special meeting with them and the City Manager for discussion
in detail of recommendations made by him regarding a survey for the
City and since the Council has had an opportunity to read over said ·
recommendations, Mr. Campbell moved that Mr. Robinson be asked to
meet with the Council next Monday at their caucus. The motion was
seconded by Mr. Harbison and carried unanimously.
The meeting adjourned at 1~35 P.M. on motion by Mr. Warren.
R. D. WORTHING
~ , II L ! III II I I I III '_ ~1! ',',,' ' '
City Clerk
APPROVED
MA