04-27-59 APRIL 27TH, 1959,
A Regular Meeting of the City Council w~s held in the Council
Chambers at ?:SO P.~., with Mayor George Talbot Jr., in the Chair,
C~ty Manager W. E. Lawson Jr., City Attor.ney Harry T. Newett and Com-
missioners J. LeRoy Croft Charles H. Harblson and Fred B. McNeece be-
ing present.
An opening prayer was delivered by Elder Hoyt B. Simms.
The Council, by general'consent, approved the ¥6nutes for the
meeting of April 13th, 1959o
City Manager Lawson informed th.e Council of having pr.epared a
Franchise Agreement, aided by the City Attorney and Administrative
officials, and requested by the Council at its April 13th meeting,
providing for the City of Delray Beach grantin~ to "Florida Public
~ti~litles Company", for the term .of thirty (30~ years beginning thirty
(30) days after the date of the final'passage of an ordinance grant-
ing such franchise, the right,.privileze and authori.ty or franchise
to cons~ruct or otherwise acquire and ~o own, maintain, equip and o-
perate plants and works, and all necessary or desirable facilities ap-
purtenant thereto, for the purchase, transmission, distribution and
sale of natural gas. .
The Manager further advised the. C.ouncil that certain adjustments
to Sections 8, 18 and 19, of the original proposed agreement submitted
by the Utilities Company, are to be considered in further discussion
with Florida Public Utilities Company officials.
The Council, on motion of Commissioner McNeece and seconded by
Commissioner Croft, unanimously approved acceptance of the proposed
franchise subject to deletion of Section 19 therefrom.
The City Manager reviewed with the Council a requ.est from the
"Joint Cooperative Committee" for subscription dues, xn the amount of
$1,000, for the balance of the 'Committee's' fiscal year, and a like
amount for each' of the following t.wo years, along with infomnation
relative to the duties and accomplxshments of the Palm Beach County
Freight Traffic Bureau, a function of the 'Joint Cooperative Committee'
and Messrs. Elliott Gross, 128 No. Federal Hwy., Delray Beach, B~ A;
Rowland J~., of 1470 Ocean Blvd., Palm Beach, and James W. Lee, P~ O.
Box ~90, West Palm Beach, Florida, further advised the Council of the
Traffic Bureau's efforts having resulted ~n preventing an increase of
freisht rates in the amount of 10% as petxtioned by the. Motor Fre~rg.ht
Carrxers last y~ear, as well as a later attempt to prowde for an ~n
crease of 8.72% in freight rates affe.cting the Florid.a area.
The representatives named.above l~sted the follow~ng, su.bscribers
to the Joint Cooperative CommAttee and amounts of subscr~ptxon dues
paid by each:
Palm Beach County $ 12~000.
Ci,t,y of West Palm Beach 6,000.
of Lake Worth 3~000,
" of Belle Glade 1~000;
" of Riviera Beach 1,000.
The Council, on motion of Commissioner Harbiscn and seconded by
Commissioner McNeece, unanimously agreed that this matter should be
tabled until next meeting, requesting that the City Memager, in the
meantime, review the activities of the Joint Cooperative Committee and
its Sub-Committees and submit his recommendation thereon to the Coun-
cil at its next meeting to be held on May llth.
City Manager Lawson then read - O~DINANCE NO. G-308.
AN ORDINANCE R~LATING TO ZONING; AMENDING CHAPTER
29 OF THE CODE OF ORDINANCES OF THE CITY BY CHEATING
AND ESTABLISHING A N~ USE DISTRICT TO BE KNO~N AS
"C-IA SPECIAL Li~iITED COMh~RCIAL DISTRICT" AND PRE-
SCRIBING THE USES PERhITTED THEREIN.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY B~CH,
FLORIDA:
SECTION 1. T~at C~9~er B~ o~ t~e Co~e o~ Orain~nces oS t~e City
o~ Delr~y Beec~ is ~men~e8 by cr~etin~ ~na esteblis~in~ ~ ne~ Use Dis-
trict to be ~ as "~-~, Special L~ted Co~e~c~al D~stP~ct , as
follows:
~y use pe~tted in C-1 ~ted CoEercial District.
Automobile Service stations, provided the operation thereof
shall be li~ted to custo~ry aut~obile service station
erations only, and major automotive repairs, body work
refinishing work are prohibited.
(B) CODINTIONS OF OP~TIONS.
S~e as are per~tted ~'in C'i Li~ted Co~erciat District.
(c) BUiLDiNG
Same as are per~tted in C-1 Li~ted Co~ercial District.
(D) BUILDING ~ P~EQUIRED.
S~e as are pe~itted in C-1 Li~ted CoEercial District.
Same as are pe~itted in C-1 Li~ted Co~ercial District, as
~ended.
(F) ~N FLOOR A~A REQUIRED.
Same as are pe~itted in C-1 Li~ted Co~ercial District.
(G) PADDING A~ L~DING ~EQUIREENT.
Same as are pe~tted in C-1 Limited Co~ercial District.
SECTION 2. All Ordinances or parts of Ordi~nces in co~lict here-
with are repealed. ~
SECTION S. This Ordinance s~ll take effec~ediately upon
co~ng a law.
PASSED in regular session on'the second and final reading on this
the 27th day of April, A.D. 1989~
The ~nager then read the Plann~n~ oning Board's Report cf April
24th, 1989, being as follows:
"A special hearing as requested by the Co.oil was held on April
21st, 1989, to consider reclassification from C-1 to~C-~ of the fei-
l~ing described properties:
Lots 2S, 24, 28, all in Block 108,
" 8, 6 ~nd 7 in Block 109,
" 20, 21 and 22 in " 116, and
" l, 2 and S in " llT.
Thirty seven people were notified. ~e Standard Oil Company int-
erests.were present with. their atto~ey Er. ~c~llan and the Colony
Hotel ~ntereSts w~th their attorney ~. Scott.
A Mr. ~bar was present representing the cowry Road Department
who testified that any action taken which ~ght increase costs of the
· ~idening of Federal ~ghway ~ght be prohibitive to the c6mpletion of
~he prcject~
After discussion with members of the City Co. oil the P~.anning
Board ~animously decided to reaffi~' its position take~, in its letter
to the Co.oil dated ~rch llth, 1989."
Co~ssioner Oroft moved that Ordinance No. G~.SO~ be p~ssed and
adopted on ~his second and final reading. Motion ~as ~econded by Com-
~ssioner ~rbison and upon Call of Roll - C~is~oner Cro~t ~nd . .
Harbison, ~oget.~er with ~yor Talbot, voted in favor thereo~, Co~s
sioner ~cNeece being opposed as he believed such ~e~cl~ssification to
be 'spot
~e City ~anager then sub~tted - ~DI~CE NO. G-~309:
~ ORDIN~CE OF THE CITY OF DEL~Y BEACH EEZONING ~D
P~CING IN "C-~ SPEC~L LEITED CO~,~BCI~L DISTRICT"
APRIL 2~t~, 1959.
LOTS 28, 24 and 25 OF BLOCK 108; LOTS 5, 6 and 7
OF BLOCK 109; LOTS 20, 21 and 22 OF BLOCK 116;
AND LOTS 1, 2 and S OF BLOCK 117, CITY OF DELRAY
BEACH, FLORIDa, ACCORDING TO PLATS THEREOF ON FILE
IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN
AND FOR PAII~ BEACH COUNTY, FLORIDA, AND AMENDING
"ZONING ~gtP OF DELRAY BEACH, FLORIDA, 1956".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA:
SECTION 1. That the following described property in the City of
D.el.ray Beach, Florida, is hereby rezoned and placed in "C-IA Special
L~mted Commercial District", as defined by Chapter 29 of the Code of
Ordinances of the City of Delray Beach, Florida, to-wit:
Lots 28, 24 and 25 in Block 108; Lots $, 6 and 7
in Block 109; Lots 20, 21 and 22 in Block 116; and
Lots 1, 2 and S of Block 117, City of Delray Beach,
Florida, according to plats thereof on file in the
office of the Clerk of the Circuit Court in and for
Palm Beach County, Florida.
SECTION 2. That the Building Inspecto.r of s.aid City of Delray
Beach shall, upon the effective date of th~s Ordinance change' the
".Zoning Map of Delray Beach, Florida, 1956", to conform with the pro-
wsions of Section 1 hereof.
PASSED in r.egular session on the second and final reading, this
27th day of Apr~I, A.D. 1959.
Commissioner Croft moved that Ordinance No. G-309 be passed and
adopted on this second and final reading. Motion was seconded by Com-
miss$oner Harbison and upon Call of Roll - C.ommissioner Croft and
Harb~son, together with Mayor Talbot, voted ~n favor thereof, Com-
missioner McNeece being opposed.
City Manager Lawson then read - (RDINANCE NO. G-SIS:
AN GtDINANCE RELATING TO ZONING: REPEALING SUB-
PARAGRAPH (6) OF SUBSECTION 6 OF SECTION 7 OF
CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY
OF DELPJ. Y BEACH, FLORIDA.
¥~HEREAS, Sections 18 and 20 of Chapter 23 of the Code of Ordinances
prohibit any hedge, shrub, wall or structure of any kind which would
obstruct vision from being maintained or erected more than three feet
in height measured from the crown of the road parallel to such hedge,
shrub, wall or structure for a distance of twenty-five feet from a
property line on a corner; and
~-~HEREAS, Section 29-7.6(6) of the Code of Ordinances imposes more
restrictive conditions; and
~$EREAS, it is deemed that the provisions of Sections 18 and 20 of
said Chapter 23 are adequate to sa.fegua.rd the interests of the public
health, safety and welfare of the ~nhab~tants of the City of Delray
Beach, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. That Section 29-7.6(6) of the Code of Ordinances of
the City of Delray Beach, Florida is hereby repealed.
PASSED and ADOPTED in Regular Session this 2?th day of April, A.D.
1959.
The Council, on motion of Commissioner Harbison and seconded by
Commissioner Croft, unanimously approved Pass,nE and Adoption of Ordi-
nance No. G-SiS on this second and final reading.
S
APRIL 27th, 1959.
City Manager Lawson presented - (RDINANCE NO..
AN ORDINA~CE OF THE CITY COUNCIL OF THE CITY OF
DEI~Y BFY. CH, FLORID~_, REZONING AND PLACING IN
"R-2 ONE & T~JO F~ILY DWELLING DISTRICT",
~ILLIANS SUBDIVISION, DELR~Y BEACH, FLORIDA,
~ICH LIES IN THE NORTHWEST QUARTER OF LOT ?,
SECTION 17'46'43, -~ND AMENDING "ZONING ~iAP OF
DELRAY BEACH, FLORIDA, 1956".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA:
SECTION 1. That the following described property in the Cit.v of
~Delray Beach, Florida, is hereby rezoned and placed ~n "R-2 One a'nd
Two Family Dwelling District", as defined by Chapter 29 of the Code of
Ordinances of the City of Delray Beach, Florida, to-wit:
~°~ILLI~$ SUBDIVISION, De~lray Beach, Florida, which
lies in the Northwest 1/4 of Lot ?, Section 17-46-4S,
according to the plat thereof on file in the Office
of the Clerk of Circuit Court in and for Palm Beach
County, Florida.
SECTION 2. That the. Build.ing Inspector of said .City shall upon
the effective date of th~s Ordinance change the "Zoning Nap of Delray
Beach, Florida, 1986", to conform with the provisions of Section 1
hereof.
PASSED in regular session on the second and final reading on this
the 2?th day of April, A. D. 1989.
On motion of Commissioner McNeece and seconded by Commissioner
Croft, the Council unanimously approved PASSING of Ordinance No. G-S1A
on this second and final reading.
The City M~nager then read - - ORDINANCE NO. G-SIS:
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, RE-
ZONING A PARCEL OF LAND iN SECTION 19, TOWNSHIP 46 S.,
RANGE 4S EAST TO C-S DISTRICT.
WHEREAS, ATLANTIC I~IDUSTRIAL PROPERTIES, LTD., the owner of the
parcel of land h.er.einafter de.scribed, and of other lands adjacent
thereto, has petitioned the Cmty Council o.f the. City of Delray Beach
to reclassify said parcel of land from Residential to "C-.S, ~LESALE
DISTRIBUTION ARq) LIGHT INDUSTRIAL DISTRICT"; and
M~IEREAS, the City ha.s recently opened and dedicated that certain
road or highway in t.he C~ty of D?lray Beach, Florida, known as S.
20th Avenue, and petitioner.and x.ts agents and assigns have construct-
ed and paved a road over sa~d dedl.oated strip of .land; and
WHEREAS, by reason .of the open,ns and dedi.oat~on of said r?ad'
the parcel of land h.ere~nafter descrxbed, consxsting of approvlmately
two ac~es between sa~d S. ~V. 20th Avenue and the Seaboard Railroad is
the sole parcel of land not zoned for commercial purposes in a land
area of approximately 4~ acres; and
~A~E~S, said petitioner is the owner of the remaio, lng lands ly-
ing between' S. W. ~Oth Avenue and the Seaboard Railroad., s. nd Section ·
29-7.8(S) of the Code of Ordinances of the Cit.y .of Delr~y Eezch, Fla.,
provides that where a district boundary line d~v~des a lot~ parcel or
tract of land~ the use classification of the larger portion m~y be ex-
tended to the .?emainder by the Planning Board without recours~ to
-mendme~t procedure,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY C0~CIL OF THE CITY
OF DELRAY BEAC~, FLORID~:
S.ECTION 1. That the following described parcel of land be and the
same ~s hereby declared.to have t.he same cla.ssification a.s the larger
portion owned by Atlantic Industrxal Properties, Ltd., lying betwee~
4
A?~IL 27th, 19~9.
S. W. 20th Avenue and the Seaboard Railroad, to-wit, "'C-S, ~Vholesale
Distribution and Light Industrial District":
That part of the East-half of the Northeast Quarter
of Section 19, Twp. 46 S., Range 43 E., lying be-
tween Southwest 20th Avenue and the Seaboard Rail-
road, presently zoned "R-2, One and Two Family
Dwelling District".
SECTION 2. That therBuilding Inspector be, and he is hereby
directed to change the "ZONII~G ¥~d~ OF DELRAY BEACH, FLORIDA, 1956"
to conform to the change hereby enacted.
PASSED and ADOPTED on this the 2?th day of April~ A. D. 1959.
The Council, on motion of Commissioner Harbison and seconded by
Commissioner NcNeece, unanimously approved the PASSING of Ordinance
No. G-315 on this second and final reading.
City Nanager Lawson then presented - RESOLUTION NO. ll?8:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELR_~',Y BEACH, FLORIDA, PETITIONING THE COUNTY
CO~iISSION OF PAL~i BEACH COUNTY TO TAKE ALL NEC-
ESSARY ACTION TO F~TEND S.W. 10TH STREET. WEST
FRON EXISTING CITY LINITS ACROSS STATE ROAD NO.
9 RIGHT-OF-~rAY.
I~HEREAS, the sole means of access west to Ndlitary Trail from
the City of Delray Beach now existing are Atlantic Avenue and German-
town Road; and
WHEREAS, in order to safeguard and protect the inhabitants and
property now within the City of Delray Beach, Florida, and those in-
habitants and their properties in the lands immediately west of and
adjacent to the existing city limits, it is incumbent and necessary
that an additional access road be located and established between
Germantown Road and Atlantic Avenue; and
Y,~ltEREAS, the City Council and the Planning Board of the City of
Delray Beach, have made a detailed and thorough study of the needs
of said area, and have determined that it is in the best interests
and general, welfare of the inhabitants of the 9ity of Delray Beach
and the adjacent areas that S. W. 10th Street zn said city be extend-
ed west across the proposed State Road No. 9, as the right-of-way is
now located, to Nilitary Trail; and
'v~HEREAS, the property owners along said proposed extension of
S. V~. 10th Street to l~ilitary Trail have agreed to furnish the nec-
essary right-of-ways, and to construct, install, grade and pave said
road without cost, provided permission can be obtained to cross the
proposed State Road No. 9 right-of-way, as' the same is now located.
NO~, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DEIPu~Y BEACH, FLORID.~:
1. That the City Council of the City of De]ray Beach, Florida,
does hereby respectfully petition the County Commission of Palm
Beach County, Florida, in conjunction with th~ City of Delray Beach,
Florida, to take all action necessary to obtain consent and permis-
sion of the Road Department of the State of FlOrida, and any other
agency as may be required to ~oin in such consent, to extend S. W.
10th Street from the City of Delray Beach, Florida west across the
right-of-way of proposed State Road No. 9, as now located, to Nili-
tary Trail.
2. That the City Council of the City of De]ray Beach, Florida,
hereby pledses and.agrees it will support and cooperate with the
County Commission in every way required in this matter.
APRIL 2?th, 1959.
3, That a copy of this Resolution be furnished to the County
Commission,
PASSED and ADOPTED in regular session on this the 27th day of
April, A. D. 1959.
Commissioner Croft moved that with special letter of transmittal
copy .of this Resolution No. 1178 be furnished the Palm Beach County
· °mmass~°n. .and that the. City Manager. be requested to arran. . ge for a
omnt. meet~n, g of the. C~ty Councxl and. the County Commission, at the
~ommAss~on's convenience, for discussmon relative to said Resolution
No. 1178. Motion seconded by Commissioner McNeece and unanimously
approved.
City Manager lawson submitted the following 'Reports' .from the
Planning/Zoning Board: Dated Aprx1 2A, 1959.
1. RE: Deviation request of Firestone Tire & Rubber Company.
"At a joint special meeting of the City Council and the Planning
Board held on April Zlst, 1989, t.he request of the Firestone Tire a~d
Rubber Company for a canopy and s~gn. locat.ion devi.ation dated April
~, 1959 and tabled by the City Councxl ~t ~ts meetxng on April lSth,
1989 was discussed.
. The Board.explained.certain circumstances attending the introduc-
tion of the or~gina.1 ordinance and .respectful.ly sugsest that the
Planning .Bo?rd be gxven.an opportunity to review th~s ordinance set-
back prov~s~oh for possible alteration. ·
The Board reaffirms its recommendations as outlined in letter to
the City Council on April 8th, 1989."
/S/ PAUL S. KNOWLES Chairman
Commissioner Harbison moved that Firestone 'Pire and Rubber Co.,-
be granted the 'deviation' requested in their petition of April 8rd,
1959, as recommended by the Planning Board. Notion was seconded by
Commissioner Crof.t and upon Call of Roll .- Commissioners Harbison and
Croft, together w~th Mayor Talbot, voted ~n favor thereof, Commission.~
er McNeece being opposed.
On motion of Commissi.oner Croft and seconded by Commissioner
McNeece, the Coup. oil unanimously agreed that the. Planning Board be
requested to review Ordinance No. G-~O0, concerning Set-back require-
ments on East 5th and 8th Avenues and submit the Board's ~ecomme-nda-
tion for amendments thereto in line with its earlier stated findings,
relative thereto, and that the Council, upon acceptance o~ an amended
Ordinance pertaining to such Set-backs, recognize and enforce such
amended ordinance, particularly with respect to any and ail future
deviation applications relating thereto.
Z. RE: Letter from Roy L. Calamia - Dated April 1$, 1989:
"At a joint meeting of the Planning Board and the City Council
held .on April 21st, 1959, a.general discussion '~as held with ~r. Roy
Cala~mma concerning the poss~5le annexation of approximately 850 acres
of land South ~est of th'e City limits.
The Planning Board unanimously agr.eed to endorse this prc~ect as
outlined in Mr. Ca]amia~:s letter of April 18th, 1959."
/S/ PAUL S. KNO%~LES C~man.
The Council requeste.d that Mr. Calamia be advised of ~he C~uncil
action concerninz Resolution No. 1178, the successful ~omoletion of
which is so necessary in further consideration of land ~nHexation as
outlined in Mr. Ca]amia's letter, and, further, that the Council will
appreciat.e any aid by interested individuals toward ul'~in~,te zuccess
in providing for ~. State Road No. 9 crossing at S. W. 10th street ex-
tension.
$. Report of April 24th - RE: - A. George & Sons Deviation Request.
"At a special meeting on April 21st, 1959 a request for a set-
back deviation was introduced by A. George & Sons in a letter dated
April 20th, 1959. The case was presented in person by Mr. William
Ge°rge~fter due consideration of the hardship involved in this case
and the situation on the other three corners as well as a hazard in-
volved by having a jog between their new b.uilding and a building
owned by them to the South, the Board unanimously approved that the
'Deviation' be granted since within this block a new building has es-
tablished a set back of five feet, and that a special exception be
granted A. George & Sons to line up with this build~ng."
'/S/ PAUL S.KNOWLES Chairman
The Council, on motion of Commissioner Croft and seconded b.y
Commissioner McNeece, unanimously approved granting the 'Deviation'
Eequest of A. George & Sons, contained in their letter of April 20th,
in sustaining the recommendation of the Planning Board.
On motion of Commissioner Croft and seconded by Commissioner
Harbison, the Council unanimously approved payment of Bills, in the
amount of $45,977.10 on Gen'l. and Water Funds, and $t$,$?1.A9 on
the Payroll Account, as submitted by the City Manager, subject to the
approval of the Finance Committee.
Mr. Ralph Knutsen, speaking for Mr. Bach, co-op apartment devel-
oper on a parcel of land Adjacent to the Waterway and on the north-
side of N. E. 8th Street, requested a small meter connection and
water service to his boat docks on said land.
The Council, on motion of Commissioner NcNeece and seconded by
Commissioner Croft, discussed the previously determined policy of
not extending water service beyond the city limits, and upon Call of
Roll -.Commissioners ~cNeece and Croft, together with Mayor Talbot,
voted in favor denying the request of Mr. Back. Commissioner Harbi-
son was opposed.
The Council requested the City Manager to prepare a Resolution
providing for a Water Service Policy as affects lands outside the
corporate limits of the City of Delray Beach, and particularly a pro-
vision that NO future connection to existing Water Nains be made
without the express consent of the City Council, and submit same for
Council consideration when completed.
The City Manager then reminded the Council that Resolution No.
1175, declaring the existences of alleged nuisances on certain lands,
passed and adopted on April 18th, scheduled a public hearing for
this evening concerning such alleged nuisances.
Manager Lawson advised of having received a phone call from ~r.
R. W. Ward, 2ASO Barcelona Dr., Ft. Lauderdale, objecting to being
required to abate such alleged nuisance on his land in Block ?8, Del
ray Beach, as contained in said Resolution No. 1175.
The Council then requested the Nanager to read RESOLUTION #11?~:
A RESOLUTION REQUIRING O~ERS OF CERTAIN DESCRIBED
LANDS TO ABATE NUISANCE THEREON OR BE ASSESSED COST
THEREOF FOR ABATEMENT by CITY.
¥~HEP~EAS, the City Council, did, in regular session held on the
.1Sth day of Apr.il, 1~9, enact Resolution No. ll?8 declaring the ex-
~stence of a nuisance upon certain lots or parcels of land for vio-
lation of Chapter 18 of the City Code and Ordinance G-lA?; and
V~HEREAS, pursuant to said Resolution , the City Clerk of the City
of Delray Beach, Florida, did furnish owners of the lands therein de-
clared nuisances with notice that the City Council would sit on April
2?th, 1~$~, at ?:SO o'clock P.M. at the City Hall in Delray Beach,
APRIL 27t~.% 1959.
Floi. ida, for the purpose of allowing said owners to show cause, if any,
why said nuisance described in said resolution should not be abated; an
YfHEREAS, pursuant to said resolution, the City Co~mcil of the Cit.v
of Delra.y Beach, .~lorida, did on April.27th, 1959, at 7!30 o'cl.ock PM[
at t.he City Hal.1 in Delray Beach: Florida,hold the hearing provided
for in such notice, and did consider such reasons and facts as were
p.rssented.by the owners of said lands, and such other material and per-
tlnent evidence as was adduced before it.
NOW~ THEREFORE, BE IT RESOLVED that the existence of a nuisance
for the reasons hereinafter se*~ forth, be and the same is hereby ?d-
judg.ed upon the following lands in the City of Delray Beach, Florida,
to-wit:
OrtNER ADDR.ESS LOT ..or PARCEL CODE
R. W. Ward 8480 Barcelona Dr., 8 85,5' of Lot 2
Ft. Lauderdale,Fla. N 20.5' of Lot $ in 4
Block 75
David H. Annan Box $9D, Beg. 38.5.4' W of ~Z 4
Deiray Beach Cot.of Nt of Lot ~8
for P.O.B.,th W 200:;
th N.'135,06'; th ~200'
th S 135.06' to P.O.B.
Sec. 9-46-43:.
BUSHMAN & RUTH 909 Bond Way W 189.7' of N~ of NEb 3&4
INC., P.O.Box 1703 of Lot ? less W 28'
Delray Beach for road R/W. Se0.8-46-43.
Haden & Anne 402 No. Ocean Blvd., N 100' of Lot 3 less 4
Kirkpatrick Delray Beach W Al7' thereof, Ocean
~each Lots:
Joseph A., and 2736 W. 61st Str., L~t $, Blk. "D" 4
Laura Blatz Chicago 29, Ill. The Village
Santa Rita Land Co 702 Comeau Bldg., Lot 23, Block 12 3 & 4
~est Palm Beach Dell Park
Lucile J., and P.O.Box 414, WiO0' of E454' of S~
Valerie Nichols Delray Beach of S~ of S~ of Lot 4
6, Sec, 8-46-43:
Vincent 3. Ruth P.O.Box 1703, WlO0' of E284' of S~ of S~ 4
Delray Beach S~ of Lot 6, Sec.8-46-43,
subj.to R/W & Easement in
N 25' & S 5' ~hereof.
NATURE OF NHISANCE SPECIFIED: "3" means there a~e trees, debris,
or vegetation, which, by reason of height,.proximity to neighboring
· II
structures or physical conditions are ~urrlcane hazards. 4 means
~here are weeds exceeding 18 inch.es in height, and whic, h either exhale
obnoxious odors or constitute a likely source of diseaae or physical
distress to human beings.
AND, BE IT FURTHER RESOLVED that the City Clerk of. the City. of
Delray Beach, Florida,furnish owners of the lands here,n~.bove l~sted
and described with a. c.opy of this resolution at their las~. available
address within ten (10) days from the 8ate this Resolution is adopted.
AND, .BE IT FURTHER RESOLVE.D that said OWners be and. they are here-
by.notified that .th.ey ar.e r.e~uir.ed to abate the nuisance here:inabove
ad3udged .a~.d specified within t.hirty.
_copy of this resol.ution;.otherwlse, in default thereof: the City o.f
Delray Beach, F!orxda, will enter upon said lands an~ abate the said
nuisance hereinabove specified and will levy the cos~ of such work as
an assessment against the property hereinabove described.
8
APRIL 2?th, 1959. 91
PASSED AND ADOPTED this 27th day of April, A. D. 1959.
The Council, on motion of Commissioner Croft and seconded by
Commissioner Harbison, unanimously approved Adoption of Resolution
No. 1179 on this first and final reading.
On motion of Commissioner Harbison and seconded by Commissioner
Croft, the Council authorized execution of a "Quit-ClaimDeed" by the
City of Delray Beach, Florida, in favor of.N.A. JENKINS, duly
pointed administrator of the estate of William Robinson, deceased,
on the E¼ of theW¼ of the N~ of Lot One (1), Model Land Company's
Subdivision in Sec. 20-48-45, of the Public Records of Palm Beach
County, Florida, (Less'R/W as described in Deed Book 994, Page 202,
of said public records. Such Quit-c~aim Deed is necessary to erase
a cloud on the title thereof, resulting from a Special Master's Deed
dated June 19, 1947, covering this parcel of land, in favor of the
City of Delray Beach. However, the City has collected all back taxes
as well as annual taxes subsequent to 1947 and through 1988.
City Manager Lawson then read - RESOLUTION NO. 1177:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PETITIONING THE COUNTY CO~J~ISSION OF
PAL~ BEACH COUNTY, FLORIDA TO DEED AND CONVEY TO THE
CITY OF DELRAY BEACH CEHTAIN LANDS IN AND ADJACENT TO
MKE IDA POR RECREATIONAL AND i~N]NICIPAL PURPOSES.
~EHEAS, in order to promote the best interests and general wel-
fare of the inhabitants of the City of Delray Beach, it is recognized
as being necessary to build, develop and maintain recreational areas;
and
WHEREAS, the City Council and the Planning Board of the City of
De]ray Beach have made thorough and intensive study as to availabil-
ity of land and areas suitable for such purposes, and after such study
and investigation have determined and found that Lake Ida and the
lands surrounding it are the best suited site within the corporate
limits and the adjacent areas; and
WHEREAS, the City Council and Planning Board of Delray Beach
further find that control of Lake Ida and the lands adjacent thereto
is essential and necessary to the City of Delray Beach as a future or
reserve soumce of water, and that the City should have supervision and
control thereof in order to prevent pollution of the lake water supply
and that the said Lake Ida and adjacent lands should be preserved for
the benefit and use of the public and inhabitants of said City, and
not exploited by private or commercial purposes; and
~EREAS, as a result of said study and investigation, the City
Council and Planning Board have made and prepared a map or sketch of
said lands, a copy of which is attached hereto, dividing Lake Ida and
adjacent lands into eleven parcels or tracts, and have designated and
suggested a proposed recreational use for each parcel or tract as
hereinafter set forth; and
~EREAS, the said parcels or tracts of land hereinafter described
and designated are now owned by Palm Beach County.
N~Y, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DEIR~Y BEACH, FLORIDA:
Section 1. That in order to promote the health, happiness,
safety and general w~lfare of the inhabitants of the City of Delray
Beach, Florida, the CityCouncil does hereby petition and request the
County Commission of Palm Beach County, Florida to grant and convey
to the City of Delray Beach, for recreational and municipal purposes
as hereinafter set forth, the parcels or tracts of land in and adja-
cent to Lake Ida contiguou~ to the present corporate limits of the
City of Delray Beach, Florida, described as follows:
9
Tract No. 1: The NW~ of the NW~ of the NE~ of Sec.
2: The W~ of the SW~ of the NW} of the NE~ Sec 8-46-48;.
3. The W~ of the SW~ of theSW~ of the NE~ " " .
4, That portion'of Lake Ida lying.within the NW% of
Sec. 8-46-48.
5. Th.at part of the.N} of the SE~ of the NW~ of the
east
~ril of Sec. 8 46 43 lying . of Lateral No. I1
of the Lake Worth Drainage .Dzstrict.
6. The S~ of the NE¼ of the SW~ of the SW~ of Section
8-46-48.
~. T~a. t~art of the NW~ of the SW% of the ~ of Sec.
8 46 4.3, lying east of Lateral No. 11 of L.W.D.D.
~. The SE$ of SW~ of SW~ of Sec. 8-46-45 less the
i.rregularly shaped parcel of land belonging to the
Czty of Delray Beach c.o.mprising five acres, more
or less, deed to the Czty of D~lray Beach by Palm
· Beach County under date of Ju~_. 2~_rd, 1957..
9. The N~ of N~ of SW~ of Sec. 8 46 4S, less that
portion lying west of the. w.est shore of Lake Ida.
within W~ of
10. That portion of .Lake Ida lying the
of SE$ of Sec. 5 46-43.
tl. Th.at portion of .Lake Ida lying within the E~ of the
SW~ of Section § 46-4S.
SECTION 2. That the .City Council of the City of Delray Beach
represent that
does hereby zf the Councy of Palm Beach will deed and
convey said parcels or tracts of land to said Oity, the following
proposed uses are suggested:
· Tract No. 9 ab.ova described is proposed for use as a Civic Center
wzth adequate parkxng therefor and the Playhouse now erected thereon.
Tract No. 2 above des. cribed is prop.osed for use as a boat picnic
area, includ.L?g p. roper.fxreplaces or grzlls, disposal receptacles,
sanitary facxlitxes, p~cnic tables, water supply an~ other similar
facilities.
Tracts Nos. 6, 7 and 8 abov.e .~escribed are proposed for use as
soft ball diamonds, and other sxmla.r uses as the p~oposed use of
Tract No. 2 as a picnic area as .herexnabove set forth,
Tract No. 3 above desc.ribed x.s proposed for .use .as a boat dock
and recreational area, equipped wxth similar facxlitxes as proposed
for Tract No, 2 above.
No present use, other than landscaping and beautification is
presently planned orproposed for the remainder of the tra.cts, ex-
cept it is agreed such landm shall never be used for anythxng other
than similar recreational or municipal uses.
SECTION 3. That the City Council does hereby represen~ that if
the County of Palm Beach will deed and convey said parcel~ ~r tracts
of lan.d to the City of Delray Beach, consideration will .be given for
budsetlng and p.~oviding funds to construct and install the proposed
fac~lities herexnabove set forth as follows:
For the Civic Center to commence in late 1959 or early 1560.
For the picnic area proposed for Tract No. 2 to commence in late
For the ball diamonds and si.milar projects proposed for Tracts
No. 6, ? and 8, to be commenced xn fall of 1960; and
For the boat dock and related' facilities proposed for Tract No.
$ to be commenced in fall of 1961.
SECTION 4. That the City Council does .hereby agree that if t. he
said lands are deeded, and conveyed to th.e Cxty of Delray_ Be.ach., zt
will accept them sub~ect to any restrictxon the County Comm~ssxon
desires to impose conforming to the foregoing suggested uses, or.any
other reasonable restriction the county may wish to impose .~emtr.~ct-
APRIL 2?th, 1959.
ing such lands for recreational and municipal purposes only.
SECTION §. That a copy hereof be forthwith transmitted to the
County Commission of Palm Beach County, Florida.
PASSED'and ADOPTED in regular session on this 27th day of April,
A. D. 1959.
The Council, on motion of Commissioner McNeece and seconded by
Commissioner Croft, unanimously approved adoption of Resolution No.
1177, and requested that copy of same be transmitted to the County
Commission without delay, and, further, that the City Na~ager con-
tact the County Commission to determine when that ~odywlll consider
this request xn order ~hat the Manager, together wxth Mayor Talbot
and Plann~n$ Board Chairman Paul S. Knowles may arrange to be present
for discussion with the County Commission.
On motion of Commissioner McNeece and seconded by Commissioner
Harbison, the Council unanimously approved an appropriation of $125.
from the Reserve for Contingency Fund to be paid to "Tri-County
Governmental League" as Membership Dues therein for the City of
Delray Beach, Florida.
M~. Thomas Bruder complained to the Council.concerning parking
of privately owned trucks of over one ton capacity in rights-of-ways
in residential areas.
The Council requested the City Nanager to investigate an alleEed
ordinance,-referred to by Nr. Bruder as having been~passed on April
22nd, 1957, and which provided for elimination of such parking of
trucks with ton and a half capacity or more.
Mr. Nato Sharpe inquired as to when Net? collections on Atlantic
Avenue, east of Federal Hzghway, might terminate for the summer and
was advised that the City Nanager is now considering this matter in
conjunction with the Traffic Co~m~ittee of the Merchants Division at
the Chamber of Commerce.
MEETING ADJOURNED.
~,~'/v- /" -~/ " R.D. ~)RTHING
APmOVED: "' ~ ~~..~. '- CitY ~erk ....
A~RIL 27th, 1959.