07-13-59 JULY 13TH, 1959.
A Regular Meeting of the City Council was held in the Council
Chambers at 7:80 P.M., with Mayor George Talbot Jr., in the Chair, .
City Manager W. E. Lawson. Jr., City Attorney Harry T. Newett and Com
missioners J. LeRoy Croft, Charles H. Harbison and Fred B. McNeece be-
ing present.
An opening prayer was delivered by Co~issioner Harbison.
The Council, by general consent, approved the Minutes for Council
~Meetings held on June 22nd and July 1st,
City Manager Lawson submitted a request for three additional
full-time firemen, informing the Council of recommendation for such
employment having been made by Southeastern Underwriters, as a result
of a survey of the city's fire defenses, further citing the following
"Excerpt" from the 'Underwriters' Divisional Fmgineer's letter dated
June 16th, 1959, in reply to a direct inquiry from the Manager to the
Southeastern Underwriters:
EXCERPT
"In the event a suitable building code has
been adopted or will be adopted at an early
date, then the employment of sufficient full-
time paid firemen to maintain, in addition to
chief officers, a minimum of six on duty at
all times, will make your city eligible for
NB 5 Class."
· The Council unanimously agreed to defer action on this request
until consideration of the City Manager's proposed 'Budget' for the
1959-1960 fiscal year, on motion of Commissioner McNeece and seconded
by Commissioner Harbison.
The City Manager then submitted the following letter, dated June
20th, 1959, received from Hr. Albert F. Broell, President of the
Chevy Chase Community Assooiation:
"~Ve have been informed by Mr. Walter Seymour that the building
inspector has ordered him to remove the "Chevy Chase" sign which is
located at N. V~. 6th Street and No. Swinton Avenue near the street
sign.
This sign is the same height as the street sign, neatly.painted,
with no advertising, merely the words "Chevy Chase" with a painted
Scene ·
Chevy Chase is located two blocks west of Swinton with N.W. 8th
Street as the only entrance and is difficult for a stranger to find.
Ail the residents, in directing friends to their homes, use this sign
as a marker. ¥~hile we should know the street entrance to our sub-
division pratically all of us use this sign especially at night to
guide us.
¥¢e also have in 'Chevy Chase' a street named 'Kings Lynn' that
is often confused by strangers with 'Kingsland' out on Atlantic Ave.
¥~ith the 'Chevy Chase' sign at the corner to guide out of town guests
we can give directions much clearer.
We would ask that this sign be allowed to remain as we have
found it very useful and would thank you to do anything that you can
do to have the order to remove the sign rescinded.
/S/ ALBERTw F. BROELL Pres.
OOm~ssi0nen Harbison moved that ~- view of the evidence presented
this 'Chevy Chase' sign be allowed to remain in its current location
and if existing Ordinance is in conflict therewith, to provide for an
amendment to such ordinance which would permit this type of direc-
tional sign, inasmuch as similar sign requests have, in the past been
refused and it is not the desire nor intent of this Council to dis-
criminate in any respect. Motion seconded by Commissioner Croft.
.During a general discussion of such sign requests, Commissioner
Harblson inquired of the City Attorney if the Council has the prerog
ative to allow such sigh'installations prior to the Sign Oordinance
being amended for such deviations a. nd.was advis.ed in the negative
thereto. Upon Call of Roll - CommAssloners Harlbson and Croft voted
in favor thereof, Commissioner McNeece being opposed and Mayor Talbot
abstaining. Motion did not carry.
Commissioner McNeece then moved for an amendment to be provided
to Ordinance No. G-29S which wou~ld permit installation of such sub-
division sign indication being placed on main thoroughfares and fur-
ther being located on the City Street Sign posts and not to exceed,
in size, the over-all dimension of the 'Street Sign'. Motion was
not seconded.
Commissioner Croft then moved that this matter be referred to the
City M~nager for study and recommendation to the Council, for consid-
eration, at the next regular meeting~ concerning a possible amend-
merit to said Ordinance G 293 to provide for allowance of certain
types of Signs of limited dimensions and to reflect directional in-
formation. Motion was seconded by Commissioner Harbison and unani-
mously approve~.
City Manager Lawson read RESOLUTION NO. 1156:
A RESOLUTION DECLARING CERTAIN lANDS IN THE CITY
OF DELRAY BEACH, FLORIDA, TO CONSTITUTE A NUISANCE
IN VIOLATION OF CHAPTER 15 OF THE CITY CODE OF OR-
DINANCES.
(A-~true .and correct Copy thereof is attached hereto and forms a
part hereof). ~(see pages 154 A & 15~-~)
The Council, on motion of Commissioner McNeece aad seconded by ·
Commissione~ Croft, unanimously approved ADOPTION of Resolution No.
1156, on this first and final reading.
The City Manager then read - - ORDINANCE NO. G-Si~:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEIRAY
BEACH, FLCRIDA, ANNEXING TO THE CITY THE FOLL(~¥ING DES-
CRIBED TRACT OR PARCEL OF LAND IN LOT 8 OF SECTION 9,
TO~NSHIP A6 SOUTH, RANGE 48 EAST ACCORDING TO THE PLAT
OF MODEL LAND COM~PANY'S~ S~BDIVISION OF SAID SECTION 9
RECORDED IN ~PLAT BOOK 8, PAGE iO OF THE PUBLIC RECORDS
OF PAL~ BEACH COUNTY, FLORIDA, WHICH LANDS ARE CONTIG-
UOUS TO DELRAY BEACH, FLORIDA; REDEFINING THE BOUND-
ARIES OF SAID CITY TO INCLUDE SAID LANDS; AND PROVID-
ING RIGHTS A~U) OBLIGATIONS OF SAID LANDS.
(A true copy thereof is attached hereto and forms a part hereof)
(See Pages 154-C & 154-D)
On motion of Commissioner McNeece and. seconded by Commissioner
Harbison, the Council unanimously approved the Passing and Adoption
of Ordinance No. G-S18 on this second and final reading.
City Manager Lawson presented - ORDINANCE NO. ~-~20:
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, AN-
NEXING TO THE CITY ALL THAT PART OF THE SOUTH 600 FEET
OF THE NORTH 1995 FEET OF SECTION 21, TO¥~NSHIP 46 SOUTH,
RANGE 48 EAST, tf~HICH PART IS BOUNDED ON THE WEST BY THE
EASTERLY BOUNDARY LINE OF THE RIGHT-OF-WAY OF STAT~ ROAD
NO. 140, AND ON THE EAST BY THE WATERS OF THE ATLANTIC
OCEAN; TOGETHER WITH ALL LITTORAL RIGHTS ON THE ATLANTIC
OCEAN THEREUNTO BELONGING OR IN ANYWISE APPERTAINING,
LESS THE NORTH 100 FEET AND LESS THE SOUTH $50 FEET THEREOF.
JULY 13th, 1959.
(A ~true copy of Ordinance G-820 is attached and forms a part hereo~).
On motion of Commissioner McNeece and seconded by Commissioner'
Croft, the Council unanimously agreed on placing said Ordinance No.
G-820 on first reading.
The City Manager then read - - - ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY THE FOLLOWING DES-
CRIBED TRACTS OR PARCELS OF LAND LOCATED IN PALM BEACH
COUNTY, FLORIDA, AND LYING CONTIGUOUS TO THE EXISTING
MUNICIPAL LI~flTS OF SAID CITY OF DELP~Y BEACH, SAID
LANDS BEING LOCATED IN SECTION 19 AND SECTION 20, OF
TO~JNSHIP 46 SOUTH, RANGE AS EAST, PAL~ BEACH COUNTY,
FLORIDA; AND PROVIDING FOR THE ZONING AND TAXATION OF
SAID LANDS.
(A true copy thereOf is attached hereto and forms a part hereof)
The Council, on motion of Commissioner NcNeece and seconded by
Commissioner Harbison, unanimously approved placing Ordinance No.
G-$28 on first reading.
City Manager Lawson then submitted - RESOLUTION NO. 1187:
A RESOLUTION PLACING THE CITY COUNCIL OF DELRAY BEACH,
FLORIDA, ON THE PUBLIC RECORD AS BEING OPPOSED TO A
PROPOSED AMENDMENT TO THE CONSTITUTION OF THE STATE OF
FLORIDA PROVIDING FOR THE REAPPORTIONMENT OF THE STATE
LEGISLATURE AND URGING ITS DEFEAT IN STATE-~'~IDE REFEREN-
DUN ON NOVE~ER 8, 1959.
V~tEREAS, the people of the State of Florida will have the oppor-
tunity in the Special Election on November 3rd, 1959, to approve or
disapprove of an amendment to the Constitution of the State of Fla.,
calling for th~ reapportionment of the State Legislature by the ~n
crease of the Senate to 44 members and the House of Representatives
to 108 members; and
WHEREAS, the proposed amendment also provides that representation
in the State Legislature shall be. apportioned on the basis of "geo-
graphic area and economic affinity"; and
WHEREAS, it is not in the best interests of South Florida to al-
low the apportionment of.the Legislature on the basis of these two
points because their ambiguous language defies interpretation by the
courts and by the legislators and people of this State; and
~{EREAS, it is vital to the well-being of the people of South
Florida that the proposed amendment is defeated at referendum:
NOV~, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DEIR:~Y BEACH, FLORIDA:
That the City Council go on record as being opposed to and
.... pledg-
ing its support to the defeat of the amendment to the constitution
of the State of Florida calling for the reapportionment of the Legis-
lature to be on the ballot in the Special Election on November
1959.
PASSED AND ADOPTED this 13th day of July, 1959.
/S/ GEORGE TALBOT 31{., Mayor
The Council, on motion of Commissioner Harbison and second.ed by ·
Commissioner McNeece, unanimously approved ADOPTION of Resolution No.
1187 on this first and final reading.
Commissioner McNeece cited the unfairness of such a proposed re-
apportionment and the undesired, as well as unhealthy, result of any
such reapportioning, which would only increase the legislative power
JULY 13th, 1959.
of the northern counties in the ·State and lessen the le islative rep-
resentation of Broward, Dade and.Palm Beach Counties an~ South Florxda
which area is, actually, the most heavily populated'
The City Manager then submitted - - - ~DINANCE NO. G-321:
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
DECLARING THE INTENTION OF THE CITY OF DELRAY BEACH
TO ANNEX CERTAIN LANDS IN SECTION 21, TOWNSHIP 46
SOUTH, RANGE 43 EAST, TO THE CITY OF DELRAY BEACH,
FLORIDA.
(A true Copy thereo~ is ~ttached,kereto and fo, rms a part hereof).
On motion of. C6mm!sdiofler McNeece and seconded by Co~issi°ner
Croft, the Council unanimously agreed that Ordinance No. G-$21 be
placed on first reading.
City Manager Lawson then read - - - ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DEIRAY BEACH, FLCRIDA,
DECLARING THE INTENTION OF THE CITY O~ DEI~AY BEACH
TO ANNEX CERTAIN LANDS IN SECTION 4, TO~HIP 46
SOUTH, RANGE 4~ EAST, TO THE CITY OF DELRAY BEACH,
FLCRIDA.
(A true Copy of Ord. No. G-$22 .is attac~ed and forms a part hereof).
C +
The Council, on motion of Commissione~ Croft and seconded by.~om-
missioner Harbison, unanimously approved ~lacing Ordinance No. G
on first reading.
The City Manager .then submitted the following "Reports" received
from the Planning/Zoning Board:
1.Report of July 2nd, informing the Council that the Planning Board
has arranged to conduct a new public hearing on the revised 'Dev-
iation Request' of Mr. and Mrs. A. G. P.ruyser Jr., for a five (8) ft
set-back from the rea.r lot l~ine to permit construction, of a. screened
enclos.ure for a sw.immang pool, to be held at A:O0 P.M., Friday, July
$1st, ~n the Planning Board offices at 81 S.E. &th Avenue.
B. Pla~ing Board's Report of July Srd, informing the Council of the
Board's intention to conduct a public.boa, ring ~n the 'Request' of
Mildred Henrietta Cannon to operate a chr~st~an, ho~e for children
aged five to ten years, at 101 So. Federal Hwy., said hearing to be
held in the Planning Board offices at 81 S.E. Ath Avenue onFriday,
July Blst, at A:O0 PeM.
$. Planning Board Report of July 2nd, advising the Co~uncil of having
held a public h~earing, as dir~ected, on the 'Deviatign Req.uest' of
Robert .V. Millner (Rosella Bakery) from certain set-back requirements
to permit construction of a NEW Bakery and Store on the E 18 ft of
Lot $~, all of Lot 88, the~E 18 ft of the N $$ ft of Lot A2 and the
N SS ft of Lots .AS - AA and AS in NgGinley-Gosman S/D, PI.Bk. 2-8?,
said hearing hawng been held on Friday, June 28th, 1~8~; Report, in
part, follows:
"At this meeting in view of th.e peculiar Lot situation in this
Block the Board suggested that Mr. N~llner contact the Florida Power
and LightCompany and the City Engineer for a mutually agreable ease-
ment for public utilities. He reported these findings at the hearing.
The agreed easeme.nt is shown, on the attached print. · .
At the hearths Mr. Bab~one agree.d upon this easement also. Th~s
should all be verified by the City Engineer.
The Board unanimo, usly agreed .that the Deviation for.the rear
setback be granted sub~ect to the f~nal approval of the C~ty Engineer.
In order to act on the matter of the number of employees which
are permitted in a bakery the Board unanimously recommends .that Sec.
9 of Ordinance G-254, Par. 2(c) be changed to read "Retail Bakery"
instead of Bakery, not more than five employees.
~The City. A.ttorney mi.ght prefer to say predominantly retail bakery
as it is definitely the intention of the Board to prevent a whole-
sale or manufacturing bakery in either the C-1 or the C-2 zones.
The above recommendation is intended to apply to both the C-1 and
the C-2 zones.
At the suggestion of .the City Atterney the Board f.u~ther approved
that Lot 1 of Mr. Robert Millner's application be considered a part
of Lot 2 during the life of this deviation ~and be maintained as an
easement for access and egress to Lot 2 during the life of this de-
.viation.
At the hearing on June 28th, Mr. Millner agreed to this provision.
/S/ PAUL S. KNO~'~ES Ch'mn..
Commissioner Croft moved that the action of the Planning Board be
sustained and Mr. Millner be granted the 'Deviation' requested SUB-
JECT to an easement grant over the North SS feet of Lots 44 and 45,
McGinley-Gosman S/D, to provide for egress and ingress to the remain-
ing portion of Mm. Millner's property, described herein, and said
easement to be recorded in the public records of Palm Beach County~
Motion was seconded by Commissioner McNeece and unanimously passed.
On motion of Commissioner Croft and seconded by Commissioner
Harbison, the Council~ requested the City Manager to provide for pre-
paration of an Ordinance to amend Sec. 9, Par. 2(c), of Ordinance No.
G-2S4, to effect a chanEe from "Bakery" to "Retail Bakery", as rec-
omended by the Planning/Zoning Board. .
4.Planning Board .Report of July 2nd, informing the Council of hav-
ing held a public hearing on the Request of Mm. Charles H. Scbm~dt~.
to move a frame house from Ft. Lauderdale area to Lot 22, 'Block 8, ~n
Dell Park, at which hearing some objections were received.
Planning Board Report, in part, is as follows:
"Mm. A. L. Bahr appeared as an objector and spokesman
for others introduced a petition which is attached,
From the evidence introduced ~. Schmidt intends
to place this building in fine condition in every
way and conform to all regulations required.
The Board unanimously recommend that the build-
ing be approved subject to the Building Inspector's
approval for the building code and the zoning ordi-
nanc e.
/S/ PAUL S. KNOWLES Ch'mn.
The Council, on motion of Commissioner Harbison and seconded by
Commissioner Croft, deferred this request until next meeting, and in-
structed the City Attorney to advise the Council if it has the right
or option to deny such a 'Request' if all building regulations ana
requirements are met.
8.Planning Board Report of July Srd, concerning the request of ~.
Henry L. Doyan for ground within the Delray Beach Cemeter upon
which to construct a Mausoleum -
"The Board could find no objection to the basic idea
of having mausoleums in the city. After all it pro-
bably becomes a matter of public acceptance, which
Mr. Doyan would have to determine before he could
proceed to build. All the arrangements would ob-
viously be betwe?n the ci.ty and ~fr. Doyan.
Should the C~ty Council plan to go along with
Mr. Doyan a public hearing would appear to be nec-
essary before final action should be taken."
/S/ PAUL S'. I~NO~G~ES Ch'mn.
JULY 13th, 1959.
?he. Council, on motion of. Commissione.r Harbison and seconded by
Commlssl.oner Ct.oft, ta.bled.thxs request, ~nasmuch as prior Councils.
have den~ed a s~.m~.'lar xnquary, and asked Mr. Doyan, who was.present,
to co.ntact the Clt. y Manager, prior.to the next regular meetxng of the
Council, and furnxsh the Manager with as much information and plans
of such construction, together with whatever evidence of Public Inte-
rest xn a local Mausoleum may be available.
6, The Planning Board's Re. port of July 3rd, conc~erning a request .
. . from Mm. C. W. Garner (Delray Lumber Coompany) to replace an ex
is.ting storage sh.ed: of non-confgrming use, with a modern constructed
building, to be szmxlarly used, ~n part, follows:
"A lette.r from Mr. Harry Newett dated June 8th, 1959
to me with a copy to Mr. Lawson should be referred
to in this matter.
The Board unanimously agreed that this request be
granted on the basis that it will open up two alleys
now blocked in part by the existing building and tend
to reduce fire hazard in the area. The Board also a-
greed that the building should be no larger than the
existing building.
The Board further agreed that this permission be
granted on a temporary basis and made reviewable from
.year to year to control the extension of a non-conform-
~ng use both in time and quantity.
The Board does not approve of lumber yards in
zone and feel that they should definitely not be per-
petuated and~the above recommendation to you should be
so construed."
/S/ PAUL S. KN0'~LES Ch'mn.
Commissioner Harbison moved.that the request o.f Mr. Garner, for
the construction of a new b.uild~g, per plans submitted, to replace
a sotrage shed now located zmmed~ately north of the .East-~Vest alley
in Block 76, be granted, as recommended b.y the Planning Board,
SUBJECT to recognition of, and understanding that, the new proposed
building will be of non-conforming classification and accordingly
s.ubject to all operation a.nd effect thereof. Motion seconded by Com-
~ ssioner McNeece and unanimously agreed.
7.Planning Board Report of July 2nd, conce, rnSng request of Mm. Fred
V~. Orlemann for a side.-yard setback devlatxon on the S.W. corner
of N.V~. 15th Street and Sw~nton Avenue:
"A hearin~ on this case was heard on June 26th, 19§~.
There were no objections raised at the hearing. Only two parties,
other than the prin.ciples, appeared. .
Since the C~ty Attormey ruled that this ~s not a lot of record
the Board unanimously_recommend that the request for a deviation of
1§ ft from N.W. 15th Street be denied.
Should the Board decide to take some action for relief in
this case the Board recommends that for thio lot of 65 ft in width
that no deviation greater than five feet be allowed, w4ich means that
the house must be placed a minimum of 25 feet back from N.VT. 15th
Street.
Considering the depth of the property a ho~se
o',. ~$0 feet in
~sh~.: ~
width on the Swinton side was not considered a h~.~ -~ ~"~"
/~/ PAUL S. KNO¥£.!~S Ch'mu.
Following a general disoussion of this ~e.q.ues'~ with Mr. 0rlemann,
who it appears may have been unfortunately mmslnf~rmad as to the par-
cel of land in qu~.sti.on being a Lot of Record, Co:~.missioner Harbison
moved that the ~evlatlon of a 18 ft setback from i'.i'~V~. 18th Street be
ranted Mr. 0rlemann, inasmuch as there appears no record nor evi-
once of objections thereto, SUBJECT, however, to construction of
improvement thereon in accordance with plans as reflected in photo
JULY 13th, 1959.
print of proposed home to be constructed, said 'Print' being on file
in the City Hall with the official copy of these 'Minutes'. Motion
was seconded by Commissioner Croft.
City Manager Lawson, at Commissioner Harbison's request, then
read a "Petition", dated July 2nd, 1959, addressed to the Council,
favoring the granting of Mm. Orlemann's request:
CLOSING PARAGRAPH of PETITION.
"Therefore we, the undersigned, would like to go on record as
stating that we have no ob.jections to the proposed residence shown in
the attached ph_otograph being b.uilt within 15 ft of the right-of-way
of N. W. l§th Street, nor to this lot being considered as a lot of
record in all other respects."
Signed- J. E. NITCHELL 1440 No. Swinton Ave.,
MARIE P. MITCHELL " "
EARNEST DEUTSCH 1533 No. Swint on Ave.,
MARION DEUTSCH " "
LUCILE J. NICHOLS 50 S. E. 5th Avenue,
JANE C. CROMER 1500 No. Swinton Ave.,
H. A. BUSH~LiN 909 Bond ~'~ay
Upon Call of Roll - the Council then unanimously approved the
motion of Commissioner Harbison.
8. Planning Board "Letter" of July 3rd - as follows:
"For a considerable time-there has been confusion in interpreta-
tion of rear setbacks in C-i, C-2 and C-8 zones where alleys exist.
The zoning ordinance now requires a rear setback of 10 feet in
all three of these zones which provides 20 feet between buildings, and
where an alley exists this means 40 ft between buildings.
At a special meeting of th.e Board on June BOth, the Board studied
this matter carefully and unanimously agreed that the ordinance G-234
should be amended to provide that where an alley exists in any one of
these zones the rear setback be ten feet from the centerline of the
alley.
This, in effe.ct, provides a twenty foot alley or a potential
twenty foot alley in all three zones at all times."
/S/ PAUL S. I[NO~fLES Ch'mn.
The Council, on motion of Commissioner Croft and seconded by Com-
missioner McNeece, unanim.ously agreed t.h~.t the City Attorney be re-
quested to prepare an Ordxnance to provide an "Amendment" to Ordi-
nance G-254, revising the 'Setback' requirements of rear lot lines in
C-i, C-2 and C-$ zones where alleys exist as recommended by the Plan-
ning Board.
City Manager Lawson informed the Council that negotiations are
still under ws.y regarding annexation of the Udell and Calamia Proper-
ties, and was requested, by the Council, to meet with ~ir. at
an early date, and review the following letters as well asCa!amia'
pursue all
possible media concerning .road development, water provision agreement
and ad-valorem tax moratorium. The Manager was also requested to con-
tinue negotiations with Mr. Udell:
Letter No. 1 FLORIDA STATE ROAD DEPARTI~T June 30th, 1959.
RE: Temporary Permit to City of Delray Beach to
extend S. Vi. 10th Street from City of Delray
Beach Vfest across right-of-way of proposed
State'Road No. 9, as now bcated, to Military
Trail.
"As you know, the above matter was considered by the State Road
Board at its meeting on June 18th, and the Board agreed to issue the
temporary permit to the City of Delray Beach on the following condi-
tion:
The adoption by the.Ci.ty Council of the Cityof Delray Beach
the Board of County Commissioners of Palm Be.ach ~ounty of Resoluti.ons
requesting the State .Road Department to permit the temporary c~ossing
of the Department's rlght-.of-way~ for State Road No. 9 By ex%e.nding.
S. W: .lOth Street in t_~e City of Delray.Beach in.a Westerly direc~i.on
to MihtaryTrail, on Lowson Boulevard (pr_oposed) along the South City
limits of Delray Beach, at a point loc.steal approximately half way be-
tween the.proposed crossings of said right-of-way for State Road No.
at Atlantic Avenue and Germantown Road, and ateeing' Toro the closing of
said crossing at s.uch time as the State Road ~epartment wishes to ex-
ercise the use of its right-of-way for a limited access facility or,
in the.alternative, agreeing to pay all costs incident to the con-
struction of a grade separation at suc. h point. .
In other words, the Department w.ill grant the City's and County's
request for permission to cros.s its right-of-way only upon the condi-
tion that the stre.et or road will be closed when the Departme.nt is.
ready to exercise its use of the same .as a limited access facility,
or the construction of a Srade separation at such point at the sole
cost and expen, se of t.he City and/~r County." .
"If you will-obta.ln and forward to me t.hree certlfi.ed copie.s of
such Resolutions, I will then be in a position to expedite the
suance of the requested permit."
/S/ MISS KATBRYN GREGORY
cos: Mr. William D, Singer Ass't. Attorney
Mr. Winston Carlton
L ke I tai
M. i. Oonner
LETTER NO. 2 FLORIDA STATE ROAD DEPARTMENT July 2nd, 1959.
RE: Temporary Permit to cross R/W.
"With further reference to the above subject ma~ter, below we
Quote an excerpt from the minutes of the State Road Board meeting of
June 18, 1959,.granting the City of Delray Beach a temporary cross-
ing over the right-of-way of SR 9:
TEMPORARY CROSSING OVER SR 9 DELRAY BEACH
lit. Singer told the. Board he had received a request from the
City of Delray B. each asking the Department to approve a temporary
crossing over right-of-way on State Road 9. He moved that the
quest be granted, subject to an und.erstanding that St is purely tem-
porary .and the Department has the right to.abolish it when t.he Inter-
state Highway is constructed, unle.ss the City or County pnovides money
for an overpass. Mr. Singer's motion was seconded by Mr. Roge~o and
unanimously carried."
/s/
District Enginser
The City ~,nager further advised the Council that:
1. Letters had been sent to all.water customers accompanied by a re-
port on the .advantages and dlsadvantage.s of ar~exetion, and to
date he had received but one reply, that being from Mr.. C~ Y. Byrd,
and a verbal conversation with one other user.
2. Mm. Tom Grey, present interim Chairman, has submitted a list of
names as possib.le membe.rs of a "Recreation Advisory Board", which
list, the Council will consider at its next regular meeting.
~. Recreational Director Tom Grey, together with committee members
Commissioners J. LeRoy Croft and George V. Warren, are conti_~uing
8
wor~ on the report concerning the proposed Co, unity Center Building.
~. i '~ist~ o£ n~es to be considered for membership on the Board of
Adjustment, as submitted by t~. Paul
owles, will be studied
by the Council and considered at its next meeting.
5. Chief Croft submitted a 'Report' of his traffic study on Andrews
Avenue and Ocean Boulevard.
On motion of Commissioner Harbison and seconded by Commissioner
McNeece, the .Council requested the City Manager to take necessary.
steps to provide for a State Road Board survey of those ar.eas during
the month of January or February with a view toward obtaining autho-
rization and approval of said Board for installation of Traffic
Lights at locations determined to be warranted.
6. The Public ~Vorks Director expects ~to have a detailed 'Report'
of his study on the drainage problems in the Vista Del Mar area
for presentation to the Council at its next regular meeting.
On motion of Commissioner McNeece and seconded by Commissioner
Croft, the Council unanimously approved payment of Bills, in the a-
mounts of -- -
General Fund $ 12~720~25
¥~ater ' Operating
Gert' 1. Fund - Sinking Fund 8, $04~00
Special Assessment §~ $0
Refundable Deposits 600; 36
Payroll Account ~8, $$1.62
as presented by the City Manager, subject to the approval of the
Finance Committee.
City Manager Lawson submitted the following 'Bills' from Att'y.
Harry T. Newett -
RE: Tropic Palms - Water & Sewerage
Contract prepared $ 100.00
RE: Preparation of Amendments to Charter
of City of Delray Beach, enacted by
1969 Florida Legislature $ 250.00
The Council, on motion of Commissioner NcNeece and seconded by
Commissioner Croft, unanimously approved payment of Att'y. Harry T.
Newett's Bills, for services rendered on matters referred to above.
The City Manager assured the Council of having received the re-
ubUired 'Bond', in proper amount as recommended by the Director of
lic Works, in lieu of street improvements, for Delray Beach Heights
Extension - Section "A", in accordance with Ordinance No. G-285, in
view of which, the Council, on motion of Commissioner Croft and
seconded by Commissioner McNeece, authorized acceptance of the 'Final
Plat' of said Delray Beach Heights Extension - Section "A" and exe-
cution of same by the Mayor and City Clerk.
The Council, on motion of Commissioner Croft and seconded by
Commissioner Harbison, unanimously approved authorizing execution of
a R/V~ Deed to the State Road Board for the East five feet and the-
West five feet of a parcel of land designated as "Baseball Field", .
Block 1, Osceola Park, Delray Beach, Florida, according to plat there
of recorded in Plat Book $, page 2, Palm Beach County Public Records.
City Manager Lawson submitted the following BIDS received, for
One (1) Steelox Gable Roof Building 18 x 28 feet,
¥~all Height of lB ft for 16 ft of the Building and
8 ft for the remaining 12 ft of the Building, and
subject to specifications furnished:
JULY 13th, 1959.
Armco Drainage & ]~etal Products, Inc. $ 1~426.00
Stanley W. Newton, hc. 2,295.~
The Cocci1,. on motion of Co~ssione~ ~cNeece ~t seconiet
C~ssioner Croft, ~an~ously app~ovet a~rtini of y~c~se to the
1~ bidder, as ~ec~en~ed by the D~ector of ~51ic Works, fo~ fu~-
~ ~ accor~ce w~th ~pec~f~cations f~she~, ~c~ b~l~g ~s to
be ~ed for the Waste Disposal Office.
City Attorney ~ewett ~fo~8 the Co~cil t~ previously
r~ged Co~t Age~da ~ de~yed th~ "Su~t" concernxng the Oce~ Ridge
Drope~ty fr~ ~ex~ hea~ but antxcipate~ a ~esch~ul~g of ~his
(Case' to provxde a 'Hearxng' by Sept~er or earher ~f possxble.
The Co~cil req~sted the City ~ger to provide for ~ u~-to-
date-~d c~plete 'Progress ~port' on the ~ ~ity ~11 ~ Jaxl
ject, to be su~tted to the Co.oil a~ its next ~egular meeting,
further requested the ~ager to expedxte the pro~ect to all possible
extent.
RE~0L~ION NO. 1186.
A RE~OLUTION DEClARInG 0ERTAI~ LA~D~
~ ~ CI~ ~ ~Y B~CH, ~~,
T0 O~~ A ~~CE ~ ~0~0~
~ ~ 1~ 0F ~ CI~.OO~ ~0F
0~~C~.
~, C~ter 15 ef the C~t~ C~de ~ 0~d~e
No. G-~7 of ~e CIW of ~1~
l~ds in ~e C~%~ not ke~t
~g t~ee~) or o~e~ ~tte~, ~oh ~ beo~ a d~e~ l~ t~ of
h~ic~e, ~ f~ weedl e~eed~ In hel~t of 1~ lnohel, ~d
from filth ~d t~aah, oo~titute a nula~oe;
~, p~lU~t to a~d 0rd~e, the ~ef of
the Fire Dep~nt of ~12 Beth, ~lo~ida,
~eport, in ~iting, to b City ~ge~, deaQ~ibiag certain lot~
or p~cels of ~d ~ e~d Cl~ ~ ~e specifically delo~ibed
herein, wherein o~nditio~ luoh ~ ~eo~ied In C~te~ 1~ of
~e City Code ~d 0rdi~e
~, ~e Clt2 Co,oil of De~a2 Belch, Florida,
~ter consideration of said
a pr~ faole oa~e ~i~ ~e foll~ ~e o~titute a n=i-
s~oe wit~ ~e ~OTi. iO~ of I~d ~te~
and 0~~e ~efe~ed to
of a nuil~Ge be, ~ the
lowing described lots or p~ela of l~d for violation of ~e
provialo~ of said ~pte~ 15 of ~e Ci~ Code ~d 0rdi~e
G-~7 as specified ~ter each deloription, ~d the Cit2 Clerk of
~e City of Delray Beach, Florida, ia directed to f~nilh ~e
~ers of each p~cel of l~d, a~ begetter set forth, a notice
in accordance with 3eotion 6 of said 0rd~oe, ~d t~t ~e Oit~
0ounoil will sit on the ~en~-aeven~ d~ of Jul2, 19%9,
P.M., at ~e 0ity .Hall in ~ay Beach, Florida, for ~e p~ose
of allo~ng said o~ers to sh~ cause, if ~y the2 ~, w~ said
hUla,ce should not be abated.
o~, ~D~S ~?, ~K ~ S/D CI~ C0~
C. J. & Helen K. 618 Buhl Building Lot X, Block 1~, ~
Walsh Detroit 26, Hich. -qeaSate A
F. C. & Esther W. 301 Oregon St. Lot 9 & S 2~, of 3 & ~
Huddiman Hollywood, Fla. Lot 8, Blk. 109
F. C. & Esther W. 301 Oregon St. Lot 8 & S ~.~t 4
MUddiman Hollywood, Fla. of Lot 7, Ocean
Beach Lots.
Mary Love P.O. Box 977 Lot 12 a ~. 28' 3 & 4
Delray Beach, Fla. of Lot 13,
Block 109.
eLray Beach P. 0. Box 9;:85 Lot 2k, 4
3evelopmen% Co. Del~ay Beach, Fla. Chevy Chase
Carl C. & Mary A. ~69 Brookline at. Lots 6 & 7, 4
Mullen Newton Ctr. 59, Block Z, Lake
Hals. View Heights
Douald B. & Oo14a 32~80 Ro.~o2 Rotd Lot 9, Blook 2,
Hope ~*anklin, Ktoh. Id& LaJM
O. H. i FXo~onoe 1~.3 loFn~Ltqo C~. ~ ~,
X. 8~le 0~lotte, I. ~. Bloak 10~
~tin hue~ P. 0. ~x 9~ ~t ~, Bl~k
~ay leash, Fla. bll P~k*
R~ V. & ~o~gia 6~ B. A~l~lo Ave. ~8 1,
C~oher ~1~ Beaeh, ~la. less W
Blook
0oe~ Cl~ P. ~. ~ 723 Lo~ 10,
Pl~b~ Co. ~~ bash, Yla. Hof~ Add.
R. ~. & X~ H. 1~57 ~ea~ore R~. Lo~ 13~
~o~ ~ B~h, Bl~k 63
To~om~o ~, ~mda
Ade~eid 8e~d$ 811 K~l~on Plaoe ~ 1~
R~e~e ~k, ~. ~. Bi~
W. K. & ~o2 1~ ~. E. ~ Ave. a 100' of
~~ ~~ Beaoh, Fla. of W l~3.~t
~ 10, less W 2%'
fe~
S,o,
o/o A~Ped Y. ~e~, ~OAO. 0OOOOh P~k
~o~on, A~.
~ Zlisabe~ P.O. Box 701 3~ of
~ ~~ bash, Fla. See. 20~3.
C~line P.O. Box 1~ ~s
V~ h~efoolen ~~ bash, Fla. Blook
~~ bash, Fh. ~look A~
[ide
Paul & ~ P.O. B~ 2177 ~ 13, Bl~k
Speicher ~~ ~aoh, ~. ~o~e~e Add.
PA~ED AID ADOPTB~ in Regular Session
day of July, A.D., 19~9.
A~'~gST t , ' ~
O~D:~,~CE NO. G-318o
AN ORDINANCE OF ~ ~ ~ CO~IL O~ ~ CI~
OM D~Y BRa, ~O~DA, A~INO ~ ~
~I~ ~ ~~O D~IB~ ~CT OR P~
SOU~, ~GE ~ ~T ACCORDING ~ ~ P~T -
SECTION 9 ~CO~ IN P~T BOOK 8, P~E ~0
~ORIDA, ~ L~ ~ ~NTIGUO~ ~
D~AT B~, ~ORIDA; ~~NING ~ BO~-
~I~ 0~ SA~ ~ T0 INCL~E S~D
~ PROVIDING RIGH~ A~ OBLIGATIONS
SA~
~, ~ Ci~ O~tl of ~ Oily of ~a7 BII~,
~orida, ~s dete~i~d ~ ~ he~in~e~ deaorib~ l~d
oon~i~ous ~o t~ e~s~l~ ~ie~p~ b~d~ l~nea of ~he
of ~l~ay Beaeh, Pa~ Bea~ Oo~y, ~lor~da; ~
~, OO~ ~. C~O~, ~ Bishop of ~e Diocese
of Mi~i, is ~he fee si~le title ~lde~ of ~e p~oper~ ~ein-
~e~ dese~ibed, ~ he ~s he~ofo~ petitio~d ~he ~W
--nex said l~s ~ oonsen~e4 ~ giv~ ~asi~ fo~ ~
~exa~ion of a~d p~ope~W by ~he Ci~y of ~l~ay Beaoh; ~d
~, ~e Ol~y of ~ay Beaoh, ~ortda, ~s here~-
~ore been au~o~sed to ~ez l~s in aoeord~ee ~ ~ ~p~er
~510, Speelal ~ of ~o~a, Ac~a of 19~.
S~IO~ 1. ~ ~ Oi~y O~notl of ~e Oi~y of
Bea~, Palm Beaoh ~y, ~e~ida, does he,by ~ex ~ s~d
~he follo~ deso~lb~ ~ao~ or parcel of l~d located In P~
Beach O~y, Plorida, ~ ieh liee eon~i~ous ~o ~he existing
bou~artes of sa~d City, ~o~t:
Ail ~ha~ p~ of ~ 6 in 8eo~ion 9, ~shlp ~6
Sou~h, R~ge ~3 Eas~, acco~ing $o ~e Plat of
~D~ ~ CO~'S Su~ivision of Section 9,
To~s~p ~$ Sou~h, R~ge ~3 Eas$, reco~ed in
Pla~ Book 8, ~ge ~0 of the publio reco~a of
Pa~ Beach Oo~, Florida, described as follows:
S~ing aC ~he Sou~h ~u~e~ oo~er of Section 9,
~ship ~6 Sou~h, R~ge ~3 Eas~, go north along
~er Section line of said Section 9 a distance of
12~7.98 fee% ~o poin~ of begi~i~. ~om said poin~
of begt~i~ go north along eald ~u~er Section line
a dist~oe of ~98.57 fee~ ~o a point; ~hence 9as~erly
a~ ~ ~gle measured from North ~o Eas~ of 89~23' for
._ a dist~ce of 551.05 feet to a point; thence in a
southerly direct~on at ~ ~gle ~aa~ed f~m East to
South of 980~~ for a dist~ce of 501.7 feet to a
~o~nt; ~ence westerly at ~ ~gle measured from South
~o ~e~t of 8~°36'18" fo~ a dist~ce of ~0.~3 feet to
:h,.e no!hr o~ begt~ing, containing 6.49 acres,
~.? le~s.
Be&oh o~o hePob7 ~odof~uod oo as to tnoludo thol~in tho &h~vo
desoFibed
be in tho ~o~ato
S~TION
imdittel7 beooM ~bJoot ~ ~1 of tb ffr~iooo, privilesos,
to ~oh l~o ~n ~e Oi~ of ~lPq Boa~ ~o n~ o~ ~y bo, ~d
the po~s~s ~osid~ t~o~ s~l bo doomd oitt~ off the
~t~ off ~a~ Boaoh.
S~TIOJ ~. ~l. o~in~oe .h~l t~e effe~t t~diately
upon be~o~
P~ ~ ~~_~ ~~ .~.~n on ~e .eoo~~
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&ttoot~ /
First READING
Second u